Introduction to the Reform and Its Challenges
The ambitious reform aimed at regulating digital platform work faces a gloomy outlook for its implementation on January 1, 2026. What was promoted as a historic advance in labor rights risks turning into a legal exclusion mechanism due to recent modifications in guidelines for calculating net income, as noted by Jorge Loyo Pérez, a partner at Loyo Pérez y Asociados.
Adjustments to General Dispositions and the Introduction of Exclusion Factors
The adjustments to “General Dispositions,” published by the Secretariat of Labor and Social Security (STPS) on December 26, introduce Exclusion Factors that act as a technical barrier for delivery personnel and drivers to access full social security.
The Concept of “Labor Engineering” and Its Implications
According to Loyo Pérez, this regulation establishes a “labor engineering” designed to artificially exclude the majority of the vehicle fleet from mandatory regulation.
Core Conflict: The Relationship Between Income and Social Security Access
The crux of the conflict lies in the Federal Labor Law, which ties subordination recognition and access to IMSS and Infonavit to a worker generating at least one minimum monthly net income.
With the new factors, achieving this threshold becomes nearly impossible. For instance, a self-employed car driver facing a 48% exclusion rate would need to bill approximately 20,000 pesos in gross monthly income for their legal net income to reach the projected minimum of 9,451.20 for 2026.
Creating a Two-Tiered Workforce and Violating Economic Reality
Loyo Pérez points out that these regulations create a two-tiered workforce based solely on the tool of work, which violates the principle of economic reality.
Regulatory Capture and Its Impact on Worker Protection
The specialist describes the situation as a “regulatory capture,” where rules seem to be drafted following corporate interests to ensure their financial viability at the expense of comprehensive worker protection.
Potential Consequences: Limited Coverage and Basic Insurance
Loyo Pérez warns that up to 90% of workers could be excluded from full coverage, only gaining access to basic insurance without rights to pensions or housing.
Key Questions and Answers
- What is the main issue with the recent reform? The reform risks turning into a legal exclusion mechanism due to modifications in guidelines for calculating net income, making it difficult for delivery personnel and drivers to access full social security.
- How do the new factors affect income requirements? With the new factors, achieving the minimum net income required for social security access becomes nearly impossible. For example, a self-employed car driver facing a 48% exclusion rate would need to bill approximately 20,000 pesos in gross monthly income.
- What is the concern regarding economic reality? The regulations create a two-tiered workforce based solely on the tool of work, violating the principle of economic reality.
- What are the potential consequences for workers? Up to 90% of workers could be excluded from full coverage, only gaining access to basic insurance without rights to pensions or housing.
