On April 23, the decree was published that has as its main objective the prohibition of outsourcing and insourcing.
The main amendments to the Federal Labor Act are as follows:
- Article 12. – The subcontracting of personnel, understood as this when a physical or moral person provides or makes available workers for the benefit of another, is prohibited.
- Article 13. -The subcontracting of specialized services or the execution of specialized works which do not form part of the social object or of the predominant economic activity of the beneficiary is permitted, provided that the contractor is registered in the public register referred to in Article 15 of this Act.
- Article 14. – The subcontracting of specialized services or the execution of specialized works must be formalized by means of a written contract indicating the object of the services to be provided or the works to be carried out, as well as the approximate number of workers.
- Article 15. -Physical or legal persons who provide specialized services must register with the Ministry of Labor and Social Security.
The registration of companies providing specialized services must be carried out 90 calendar days from the publication of the guidelines.
Without registration the penalties range from $ 180,000.00 to $ 4,481,000.00 to those who provide subcontracting services without having the aforementioned registration.
In MSST Consulting we can advise you and review some specific case to determine the courses of action derived from this new decree.