The Technical Council of the Mexican Institute of Social Security (IMSS) approved a project for employers who have communicated to the IMSS the substitution of employers in terms of the reform in the matter of labor subcontracting, they can carry out the migration of workers, including those temporarily disabled.
With this, the disabled workers will be registered in the substitute company the day immediately after they leave the substituted company and with the same salary that they were quoted, in order to guarantee the continuity of their rights, said the director of Economic Benefits and Social of the IMSS, Mauricio Hernandez Avila.
The official commented that the reform that prohibits the labor subcontracting regime will allow the migration of thousands of workers from companies that provide personnel services to their real employers; However, some workers may find themselves temporarily unable to work at the time of migration, which prevented the completion of said process.
The continuity of their labor rights, wages, seniority and risk premium will be recognized, the federal official stressed.
With this agreement, employers may carry out the migration of workers for employer substitution, presenting in the case of those workers with Temporary Incapacity for Work (ITT) an affiliation movement of withdrawal, with the understanding that they will be discharged the next day with the substitute employer, where labor rights, wages, seniority and risk premium will be recognized.
Hernandez argued that within the Directorate of Economic and Social Benefits of the Institute This process of employer substitution is planned to achieve the migration of workers from companies under the labor subcontracting regime to a new destination company.
Hernandez Avila He explained that by achieving the discharge with the company that provides personnel services and the discharge of the worker with his real employer, it will be possible to eliminate the subcontracting of the personnel and “they will not remain in employer registers that should not exist by law.”
He argued that the best interest of the worker to obtain his means of subsistence will be guaranteed and that his rights remain in force regardless of the modifications to the employer’s registry that the replacement implies.
During the ordinary session of the Technical Council of Social Security, explained that this project instructs the heads of the Directorates of Incorporation and Collection, Economic and Social Benefits, Medical Benefits, Innovation and Technological Development, Finance, and Operation and Evaluation, to issue the administrative provisions necessary for the correct application of the agreement.
Hernandez Avila He added that the head of the Legal Directorate is also instructed to carry out the necessary procedures before the competent authorities, in order for this agreement to be published in the Official Gazette of the Federation (DOF), which will enter into force on day after its publication in said broadcasting organ.
He recalled that the legal reform regarding the labor subcontracting regime entered into force on April 24, where labor rights are guaranteed by prohibiting the subcontracting of personnel except for the execution of specialized works or services that are not part of the corporate purpose or the preponderant economic activity.