Objectives:
To standardize the criteria and guidelines governing the actions of federal labor inspectors regarding outsourcing. The results of the cross-referencing of information shared between institutions (STPS, INFONAVIT, IMSS, SAT) served for the construction of risk indicators, which provide information on work centers at risk based on the following variables:
- Activities registered in REPSE
- Workers reported in REPSE
- Workers made available
- Workers linked to clients
- Workers linked to the service provider
- Clients reported by service providers or work executors
- Risk situations provided by IMSS, INFONAVIT, and SAT.
- Complaints and reports.
Types of verification activities
With the protocol, the framework for oversight in this matter is structured, describing the subtypes of inspection actions being carried out:
| REPSE Verification Visits | Outsourcing Inspections |
|---|---|
| Objective: To verify that the information provided by companies to obtain their REPSE registration is real and that they comply with labor regulations. | Objective: To verify compliance with working conditions related to the provision of specialized services. |
| Targeted at: Work centers of individuals or legal entities that requested REPSE registration or are listed in the Public Registry. | Targeted at: Work centers of contractors and/or beneficiaries where individuals are made available to work for the benefit of another party. |
| Sanction: In the event of non-compliance, REPSE cancellation and removal from the Public Registry of Contractors will proceed. | Sanction: In the event of non-compliance, the sanctioning procedure is initiated and, if applicable, the cancellation of REPSE and removal from the Registry. |
| Not practiced here. | Inspections are carried out with a focus on General Working Conditions (CGT), Health and Safety (SH), and Training and Development (CA), which additionally include outsourcing indicators. |
Inspection of the service beneficiary.
As a service beneficiary, your responsibility is to verify that you contract services registered in the public registry of contractors (REPSE), as well as to ensure the labor, tax, and social security compliance of the service provider. Failing this, joint and several liability arises between both parties.
Inspection of the service contractor.
Contractors must demonstrate compliance with working conditions related to the provision of specialized services. The demonstration includes corporate data such as information on the incorporation and representatives, as well as strict compliance with employer and social security obligations. Evidencing the existence of the service contract is important.
During inspections, worker interviews may be conducted as a key tool for federal labor inspectors to verify if what is stated in the documents matches actual practice. Questionnaire items:
- Which company or employer pays you?
- How and with what frequency?
- Did you sign a labor contract?
- Were you given a copy?
- From whom do you receive instructions to perform your duties?
- Have you received training in the last 12 months?
- At which company and address do you provide your specialized services?
Who is interviewed:
| # of workers | Sample size |
|---|---|
| 1-50 | 100% |
| 54-100 | 50% |
| More than 100 | 40% |