Introduction to the New Regulations
As the new year begins, Mexico’s Secretaría del Trabajo y Previsión Social (STPS) published an update in the Federal Official Gazette modifying rules to determine net income for app-based delivery workers, such as drivers and couriers. The new regulations will fully take effect in 2026.
Background on the Piloting Program
The pilot program, which began in the first and second quarters of 2023, aimed to analyze the intensity of work and economic realities in the sector. Only 14.12% of pilot program workers have accessed full social security benefits, averaging 141,220 individuals.
Key Changes in the New Regulations
The STPS announced significant adjustments to the gross monthly income calculation, incorporating payments for tasks, works, or services including bonuses, gratifications, and any type of reward. However, tips will no longer be included in the calculation to provide legal certainty for both companies and workers regarding their social security contributions.
Adjustments to Exclusion Percentage
- Auto category: Reduction from 55% to 48%
- Moto category: Reduction from 40% to 32%
- Non-motorized category: Reduction from 12% to 3%
Despite these percentage reductions, the gross income required to access social security remains nearly unchanged due to the adjusted minimum wage of 9,582.47 pesos.
Concerns from Labor Unions
UNTA’s Stance
The Union Nacional de Trabajadores por Aplicación y de Reparto de México (UNTA) opposes the partial reduction, arguing it’s insufficient and doesn’t address the core issue. UNTA claims that the current design conditions social security access on income significantly above the legal minimum, causing only about 10% of workers to join the IMSS during the pilot program.
UNTA advocates for eliminating exclusion percentages entirely and recognizing total worker income as the basis for social security.
Repartidores y Conductores Unidos de México’s Concerns
Repartidores y Conductores Unidos de México express worry over the lack of technical and logical backing for the established percentages, stating that these figures jeopardize the model and incomes of thousands of Mexican families earning through platforms.
Government’s Next Steps
The STPS has warned that starting in 2026, it will intensify monitoring and enforcement actions to ensure compliance with these new regulations nationwide.
Key Questions and Answers
- What is the purpose of these new regulations? The STPS aims to adjust income calculation rules for app-based workers, reflecting work intensity and economic realities more accurately.
- What changes have been made to the gross income calculation? The new regulations include payments for tasks, works, or services along with bonuses and rewards but exclude tips from the calculation.
- How have exclusion percentages changed? Auto workers’ exclusion percentage dropped from 55% to 48%, Moto workers’ decreased from 40% to 32%, and Non-motorized workers’ fell from 12% to 3%.
- Why are labor unions concerned? Unions like UNTA and Repartidores y Conductores Unidos de México argue that the adjustments are insufficient, condition social security access on excessively high incomes, and lack proper technical backing.
- What will the STPS do to enforce these new regulations? The STPS plans to intensify monitoring and enforcement actions starting in 2026 to ensure compliance nationwide.
