STPS amends provisions for the renewal of registration of individuals or legal entities providing specialized services or executing

Executive Summary:

• On February 21, 2024, the Agreement amending the various provisions for the disclosure of general provisions for the registration of individuals or legal entities providing specialized services or executing specialized works referred to in Article 15 of the Federal Labor Law was published in the Official Gazette of the Federation.
• The modification of the provisions aims to provide certainty and clarity to the requirements and processes for the renewal of the REPSE.
• Individuals or legal entities registered with the REPSE must renew their registration within three months prior to the expiration date of their three-year validity period, according to the calendar provided by the STPS for such purposes. Failure to do so will result in the cancellation of the registration and removal from the REPSE.

On February 21, 2024, an Agreement was published in the Official Gazette of the Federation, amending the provisions that disclose the general provisions for the registration of individuals or legal entities providing specialized services or executing specialized works (“REPSE”, as per its acronym in Spanish) as referred to in Article 15 of the Federal Labor Law, issued by the Ministry of Labor and Social Welfare (“STPS”, as per its acronym in Spanish).

These provisions regulate the registration, denial, cancellation, and renewal process of the REPSE. The modification aims to provide certainty and clarity to the requirements and processes involved in the renewal of the REPSE.

The key modifications are as follows:

1. Individuals or legal entities registered in the REPSE must renew their registration every three years. The validity period of three years will be counted from the datethey were initially registered with the REPSE, regardless of any updates or modifications made to their registration.

2. The renewal of the registration must be processed within a three-month period prior to its expiration date. For this purpose, the STPS has enabled a new module “Renewal of Registration”; on the platform http://repse.stps.gob.mx which can only be accessed during the period defined by the STPS, in accordance with the validity of their registration and the following calendar: http://repse.stps.gob.mx un módulo nuevo denominado “Renovación de Registro”, al cual podrán ingresar únicamente durante el periodo definido por la STPS, de conformidad con la vigencia de su aviso de registro y el calendario siguiente:

• Individuals or legal entities registered with theREPSE may only carry out their renewal processwithin the dates established in theaforementioned calendar. Once this deadline is reached, the platform will automatically disablethe renewal module.
• Failure to renew the registration within thespecified period will result in the cancellation of the registration and removal from the REPSE,requiring beginning a new registration process. In such cases, the three-year validity period ofth registration will be counted from the newregistration date.
• Upon renewal of the registration, providers ofspecialized services or specialized works mustinform their beneficiaries of the renewal of saidregistration.
• During the renewal process, they must truthfullyprovide information and documentation inaccordance with the platform´s requirements.
• At the time of renewal application, they must be up to date with their tax and social securityobligations to the Tax Administration Service,the Mexican Social Security Institute, and theNational Workers´ Housing Fund Institute.
• The Specialized services or works that requirerenewal must be included in the legal entity’scorporate purpose, and the Agreementspecifies that, in the case of individuals, thismust be included in their tax status certificate.
• The STPS must respond to the renewal requestwithin 20 business days of receiving theapplication. If the necessary requirements forregistration are met, the STPS will proceed withthe renewal and issue the correspondingrenewal notice.

The Agreement will come into effect the day following its publication, and its full text can be consulted at the following link:
https://www.dof.gob.mx/nota_detalle.php?codigo=571 7562&fecha=21/02/2024#gsc.tab=0

Juan Carlos de la Vega
Partner
Monterrey
+52 55 5279 5429
+52 81 8133 6005
jdelavega@s-s.mx

Andrés Rodríguez
Partner
MEXICO CITY
+52 55 5279 5413
arodriguez@s-s.mx

Francisco Udave
Partner
Monterrey
+52 55 5279 5435
fudave@s-s.mx