Labour outsourcing in Mexico: Implications for foreign investors
Prof Sergio Guerrero Rosas
by Prof Sergio Guerrero Rosas
The landscape of labour outsourcing in Mexico has undergone significant changes recently, with new regulations that directly impact foreign investors. These changes necessitate a keen understanding of the legal and fiscal environment to ensure compliance and optimise business operations. Let’s delve into the key implications for foreign investors.
Legal and fiscal compliance
Foreign investors must prioritise legal and fiscal compliance to navigate effectively the new outsourcing regulations in Mexico. The Mexican government has implemented stricter rules to regulate outsourcing practices, primarily through the reform of the Federal Labour Law (Ley Federal del Trabajo) and related fiscal provisions.
The key aspects of these regulations include:
Prohibition of labour outsourcing: The new law prohibits labour outsourcing, where employees are hired through a third party and not directly by the company benefiting from their work. Instead, companies can only outsource specialised services which are not part of their core business activities.
Registration requirement: Companies providing specialised services must register with the Ministry of Labour and Social Welfare (Secretaría del Trabajo y Previsión Social, STPS). This ensures they comply with the necessary legal and labour standards.
Joint liability: Companies engaged in outsourcing are now jointly liable for any labour and social security obligations. This means that if the outsourcing provider fails to meet its obligations, the hiring company will be held accountable.
Expense deductions: To deduct expenses related to outsourcing services, companies must ensure that their service providers are registered and comply with all legal requirements. Failure to do so can result in the denial of these deductions and potential financial penalties.
Hiring strategy
The new regulations require foreign investors to reassess their hiring strategies. Companies must ensure their employment practices align with the latest legal framework to avoid penalties and disruptions.
Key considerations include:
Direct hiring: Given the prohibition on labour outsourcing, companies should focus on hiring employees directly. This approach not only ensures compliance but also fosters a more stable and engaged workforce.
Restructuring outsourcing arrangements: For specialised services that can still be outsourced, companies need to clearly define and document these services to ensure they are not part of their core business activities. This clarity will help in complying with the new regulations and avoiding potential legal issues.
Internal audit and compliance: Conducting regular internal audits to ensure compliance with labour laws and regulations is crucial. This proactive approach helps in identifying and rectifying any potential issues before they escalate.
Supplier evaluation
Evaluating and selecting the right service providers is more critical than ever under the new outsourcing regulations. Foreign investors must ensure their suppliers meet all registration and compliance requirements.
Steps for effective supplier evaluation include:
Due diligence: Conduct thorough due diligence on potential service providers to verify their registration with the STPS and their compliance with labour laws. This includes reviewing their financial health, legal standing, and past performance.
Contractual agreements: Clearly outline the scope of services in contractual agreements to distinguish between core business activities and specialised services. Ensure that contracts include clauses for compliance with the new regulations and joint liability provisions.
Ongoing monitoring: Establish a system for ongoing monitoring and evaluation of service providers. This includes regular reviews of their compliance status and performance to ensure they continue to meet legal requirements.
Conclusion
The new labour outsourcing regulations in Mexico present both challenges and opportunities for foreign investors. By prioritising legal and fiscal compliance, restructuring hiring strategies, and thoroughly evaluating service providers, companies can navigate these changes effectively. This proactive approach will not only ensure compliance but also contribute to the long-term success and stability of their operations in Mexico.
Guerrero y Santana, S.C. provides its clients with a wide range of tax, legal, and consulting services. The firm helps clients, from individuals and small local businesses to major corporations and multinationals, to achieve their smallest aims and grandest ambitions. They are committed to providing specialised, personalised services to all those seeking reliable and up-to-date tax, legal, and business support.
GGI member firmGuerrero y Santana, S.C.Tijuana, Baja California, MexicoT: +52 333 120 0538
Advisory, Auditing & Accounting, Corporate Finance, Law Firm Services, Tax
Prof Sergio Guerrero Rosas, Managing Director at Guerrero y Santana, has over 25 years’ experience advising companies from SMEs to multinationals, as well as individuals, on tax and estate planning. He is also Global Vice Chairperson of the Trust and Estate Planning Practice Group and Latin American Chairperson of the GGI International Taxation Practice Group (ITPG). Contact Sergio.
