7 Differences between staff outsourcing vs specialized services.
With the new reform in terms of subcontracting, administration or outsourcing of staff, important changes occurred for this service model in Mexico.
The subcontracting of services and specialized works is authorized while the subcontracting of staff is prohibited. In this article we share with you the 7 outstanding differences in these two models. In this article we share with you the 7 most important differences between these two models.
Contents of the article
Subcontracting of Services and Specialized Works.
1. Status.
Legal. Service model that is regulated in Mexico. Recognized by the federal labor law and published in the Official Labor LAW (LFT) and published in the Official Journal of the Federation (DOF) since April 23, 2021.
2. Concept
Service model through which a specialized service provider such as DAMSA makes available to a contracting company (client): infrastructure, knowledge and highly trained staff to develop activities or works complementary to the predominant activity to the client.
3. Validity
The subcontracting of services and specialized works has been in force since April 24, 2021.
4. Legal framework
The model of subcontracting of specialized services is announced in article 15 of the Federal Labor Law. There are other laws that also regulate it such as:
- IMSS law.
- Infonavit law
- Tax code of the Federation
- ISR law
- IVA law
- Federal Law on Workers in the Service of the State
5. Conditios or requirements
To work with this excellent model, it is important that you consider these points:
- Accredit specialization. The company that offers you specialized services must prove its experience in this activity .
- Complementary activities. The collaborators that your service provider provides you must carry out tasks different from the predominant economic activity or corporate purpose of your company.
- Contract. You and your service provider must sign a contract establish the services and the number of workers who will be under this model.
- Current REPSE. The company that provides specialized services you choose must have a REPSE in force before the Secretary of Labor and Social Welfare (STPS) and be registered in the Public Register of the Subcontracting Companies of Services or Specialized Works. At DAMSA we meet these requirements through specialized companies with current REPSE. We take care of the three economic sectors.
- Certainty and trajectory. if you hire specialized services, you must verify that the contracting company complies at all times with the safety, health and environmental provisions for workers. Because in this case of non- compliance with obligations, your company will be jointly and severally liable.
At DAMSA we make the process easier. We put at your disposal a platform that allows you to monitor the operations related to the contracted service.
6. Operational capacity.
In terms of operability, the most significant, difference is the scope. When hiring a specialized DAMSA company in addition to providing competent staff to offer you the specialized service.
We also provide you with strategic KPIS and improvement actions that impact the productivity of your company.
7. Sanctions
The subcontracting of specialized services seeks to provide a safer environment for a company that is why it establishes certain sanctions for those companies that carry out bad practices such as:
- Hire a specialized company without a current REPSE.
- Refuse labor inspections or deliver documentation.
- Simulate the provision of specialized services or the execution of specialized works.
If you want security and legal, certainty, choose us as your specialized service provider. We have 25 years of experience, impeccable trajectory and authorized companies to offer specialized services with REPSE.
Labor Subcontracting
1. Status.
Legal. Legal, service model that is regulated in Mexico. Recognized by the federal labor law and published in the Official Labor LAW since April 23, 2021.
2. Concept
According to article 15-A of the Federal Labor Law (2012-2021), labor subcontracting was defined as a scheme by means of which a skipper called a subcontractor executes works or provides services with this workers under his dependence, in favor of a contractor, natural or legal person, who sets the tasks of the contractor and supervises him in the development of the services or the execution of the contracted works.
3. Validity.
This work scheme existed for many years. However, it was regulated in 2012 when it was included in the Federal Labor Law.
It was officially valid from 2012 to April 23, 2021.
4. Legal framework
The Federal Labor Law through article 15 established the guidelines for this scheme to be used.
5.Conditions or requirements.
In 2012 the conditions for using the figure of subcontracting were established:
- It cannot cover all the activities carried out in the company.
- The subcontracting service must be justified by its specialized nature.
- Employees who oppose the disposal of the contracting company may not carry out activities equal to or similar to those of the workers of the contracting company.
- There must be a written contract between the two companies for the subcontracting to take place.
- The contracting company must verify that the subcontracting company complies at all times with the safety, health and environmental provisions for workers.
6. Operational capacity.
The staff subcontracting model was designed to give freedom to the client. Allowing the client to focus on their core business. The contractor company was in charge of the entire work cycle of the employees. That went from his recruitment, dispersion of payroll and closure of the employment relationship.
Any company could offer these services because specialization in the course was dispensable.
7. Sanctions
In the staff subcontracting model, there were also sanctions derived from carrying out any of these actions:
- Do not meet the requirements. This contracting company will be considered as a standard because it does not comply with the conditions established in the LFT Article 15.
- For using this scheme maliciously.
Comparative Table
Conclusion
As you can see, in Mexico subcontracting evolved towards the subcontracting of specialized services where the contracting company is taken care of more, since the contracting companies are obliged to have a REPSE before the STPS .
This is very positive because you as a contracting company or client have a greater certainty about the contractor company with which you will work. In addition, you will have access to different options guaranteed within the market thanks to the Public Register of Contractors of Specialized Services or Special Works.
Specialized services are convenient work model for your company. Since you can reduce expenses related to labor liabilities.
In addition, they can save money because you avoid paying fines for errors or omissions for the IMSS, INFONAVIT and SAT. Since our experts calculate and prepare your payroll correctly.
In addition to this, it allows you to streamline your operation and focus 100% on your core business.
In DAMSA we would love to be your specialized service provider. We have more than 25 years in specialized human capital solutions. We have extensive experience, robust infrastructure and impeccable reputation. Contact us.
Specialized Services
Learn more about our specialized services and how they can increase the competitiveness of your company. Contact us.
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