Background on the New Law and Key Players
The Mexican government is preparing to implement a new law for digital platform workers, which will affect couriers and drivers working for companies like Uber, Rappi, and Didi. The Secretaría del Trabajo y Previsión Social (STPS) and the Instituto Mexicano del Seguro Social (IMSS) are at the forefront of these changes, organizing meetings with representatives from courier and driver organizations to establish a base salary for mandatory pilot programs based on operational expenses.
Who are the key players?
- STPS: The Mexican labor department responsible for enforcing labor laws and promoting social security.
- IMSS: The Mexican Social Security Institute, which provides healthcare and pension benefits to workers.
- Ni un Repartidor Menos y de Repartidores Unidos de México: An organization representing couriers and drivers, with Saúl Gómez as their spokesperson.
Negotiations and Proposed Base Salary
In a recent interview, Saúl Gómez explained that during meetings led by Alejandro Salafranca, director of the Unidad de Trabajo Digno, the focus was on operational costs for both drivers and couriers. Gómez’s organization, Repartidores Unidos de México, proposed a base salary calculation method that considers different types of vehicles instead of a uniform approach.
Base Salary Calculation Proposal
- For motorcycle drivers, 40% of operational expenses (e.g., gas, maintenance) would be deducted before calculating the IMSS contribution.
- For bicycle and electric bicycle riders, 20% of operational expenses would be deducted before IMSS contribution.
Gómez also mentioned that the discussion on what constitutes operational expenses for walkers (those who deliver goods on foot) is still ongoing, with active participation from the Unidad de Trabajo Digno, STPS, and IMSS.
Tax Implications
Regarding taxes, Gómez stated that the current 2.1% VAT and 8% income tax might remain unchanged, though negotiations with the Servicio de Administración Tributaria (SAT) are underway to find a new method that minimizes impacts on workers’ income.
IMSS Presentation
During the IMSS presentation, Luisa Obrador, director of Incorporation and Revenue, outlined that employer contributions would be approximately 2.5% of the monthly income, ranging from MXN 238 to MXN 2,300 depending on the worker’s earnings.
Next Steps
With the new law set to take effect on June 22, Gómez expressed optimism about the ongoing negotiations and pilot programs. He emphasized that both drivers and couriers have been heard throughout the process, ensuring their concerns are addressed as they transition to this new regulatory framework.
