Requirements for registration as a specialized service provider

This Decision came into effect on the day following its publication in the Federal Official Gazette, after which they have 90 calendar days in which to complete the corresponding procedure to obtain the registration from the Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social - STPS).

It is important to point out that the registration will also be mandatory for those companies that provide complementary or shared services or works in the same business group, in accordance with the Federal Labor Law.

In virtue of the above, in continuation we mention what we believe to be the most relevant aspects of the Decision in question.

General provisions

The following definitions provided in the Decision in question and which must be observed for the registration with the Ministry of Labor and Social Welfare stand out:

Register

Public Register of Specialized Services or Specialized Works Contractors.

Platform

The computer platform of the STPS so that individuals and legal entities can obtain their registration and entry in the register.

Specialized services or works

Those that include distinctive elements of factors of the activity performed by the contractor, which are supported, among other things, on the training, certifications, permits or licenses that govern the activity, equipment, technology, assets, machinery, risk level, average salary range and experience, which provide added value to the beneficiary.

Along these lines, and with regards to specialized services or works, it will be important to support the services that will provide added value in favor of the beneficiary in order to be able to complete the corresponding registration.

Requirements for Entry in the Register

Those individuals or legal entities who provide specialized services or execute specialized works and who wish to obtain the registration, should access the Platform, meeting certain requirements established in the aforementioned Decision among which we highlight tax address, geolocation, specialized economic activity according to the IMSS catalog, activities to be registered in the registry and predominant economic activity.

In addition to the above, they must be current in the payment and fulfillment of their tax and social security obligations, as well as support the specialized nature of the activities to be carried out.

 Registration procedure

The Ministry through the Platform must decide on the registration request within 20 business days following its reception through the Platform. It is important to point out that if the established term is not met, applicants may require that the Ministry issue the corresponding registration notice within three business days following the submittal of the requirement.

If the term has passed and the registration notice has not been issued, it will be understood that the registration has been completed for all corresponding legal effects. Furthermore, the term for deciding the registration request will start to be counted as of the reception of the request, for which an entry folio will be generated.

Once the analysis of the documentation and requirements, the Ministry will proceed to make the entry in the Register issuing the corresponding registration. The register will be valid for three years and will be mandatory so that the contractor can render its services.

Rejection, cancelation and renewal of the registration

The Ministry may reject the registration when the individual or legal entity does not prove the specialized nature of the activities carried out and is not up to date with tax and social security obligations, to mention a few assumptions.

Additionally, the Ministry may cancel the registration at any time when rendering services or specialized works not registered in the Registry, as well as rendering services or specialized works that are part of the corporate purpose or predominant economic activity of the beneficiary, among other cases.

It should be mentioned that when the Ministry observes the possible breach, it will notify the respective individual or legal entity so that within a term of five business days they may make their legal defense and, if applicable, the corresponding decision will be taken.

On the other hand, and for renewal purposes, taxpayers must obtain the registration every three years using the platform, taking into account that the process must begin within a term of three months following the date on which the validity of the registration ends.

Other obligations

Individuals or legal entities that obtain the registration will be bound to fully identify their workers by means of:

• Image
• Name
• ID code or badge that links such workers to the company providing the specialized service or executing the specialized work during their time in the facilities of the company contracting the services.

Important: the contracts made by contracting businesses with the companies providing the specialized services or executing the specialized works must contain the valid registration and folio of the specialized work or activity of such companies.

The validity of the registration of companies that provide specialized services or execute specialized work can be checked at any time using the Platform.

As you can see, the guidelines established by the competent authorities for the registration of individuals or legal entities that provide specialized services or execute specialized works must be complied with in a timely fashion.

At Mazars, we are at your disposal to help you with any doubt or concern you may have to this regard.