13 days after the expiration of the term to operate under the outsourcing scheme with the new tax provisions for companies, this time limit has generated uncertainty, since with this law labor charges will increase.
According to the opinions of specialists in the matter, companies have initiated processes of restructuring their payroll and even their salaries to comply with the current rules that govern the specialized services regime.
Armando Leñero, president of the Center for Formal Employment StudiesHe said that it is a complex change, since in Mexico there are around 10,000 companies that are under the subcontracting scheme.
This regulation will bring that companies that want to register before the Registry of Specialized Service Providers (REPSE) of the Ministry of Labor and Social Welfare (STPS), the time limit will not reach them, which is until August 1.
And it is that according to the reform to the Federal Labor Law on outsourcing, approved last April, only those companies registered in that pattern will be able to provide subcontracting services.
In order to Karina Robledo, an expert in tax matters at the firm Santamarina + Steta, the terms of the outsourcing law will end up constituting a blow to business relationships.
“Large companies, which had personnel via outsourcing and who hired suppliers to complement their activities, due to the complexity of their operations, simply will not have time to resolve all the negotiations, records and even conflicts of inequity that will arise between the consortia themselves. . For this reason, some commercial relationships that are similar to their corporate purpose will end and will be considered prohibited in August ”, the specialist warned.
Robledo He added that it deprives the uncertainty between various industrial and service sectors, because the new law forces them to increase their workloads, under a policy of shock with criminal consequences and not working together to achieve their good intentions.
“Hopefully better legislative technique would be applied to stimulate the industry, eliminate defects and boost the competitiveness and employment of companies in Mexico”, He emphasized.
The expert explained that the August 1 deadline is approaching, after which payments for the hiring of non-specialized services will not have tax effects, but for labor issues, the deadlines are even shorter and more complex.
“Many companies are trying to figure out how they do comply. For example, if a company is dedicated to the commercialization of electrical appliances and offers the guarantees and maintenance services to its customers, which in the past provided a supplier, now it only has three alternatives: terminate the contractual relationship with that supplier; directly carry out said activities or eliminate said activity within its corporate purpose. All these cases are today unanswered questions in the new rules of the game ”.
Lumberjack coincides with the specialist of Santamarina+ Steta, the also director of the business operational management firm Give back, He commented that with this regulation it will be difficult to end the corruption and bad practices that existed towards workers who did not pay them their full salary or benefits.