Background on the Mexican Reform and Its Impact
On July 1st, a new regulatory criterion will mandate the enrollment of DiDi, Uber, and Rappi delivery workers into Mexico’s Institute of Social Security (IMSS). This move aims to formalize their employment status under a recent labor reform targeting digital platforms.
The Labor Reform and Its Objectives
The federal government, in collaboration with the Secretariat of Labor and Social Prevision (STPS), published a normative criterion clarifying that the tax treatment of these workers will remain unchanged despite the labor reform. The reform, which took effect on December 24th, 2024, aims to formalize the relationship between companies like DiDi, Rappi, and Uber and their drivers/delivery personnel through employment contracts.
Pilot Program for Aseguramiento
A pilot program will run from July 1st to December 31st, 2025, to verify the implementation of these rules and make necessary operational adjustments. This initiative comes after delivery workers protested in major Mexico City thoroughfares on June 18th, expressing their discontent with the lack of legal certainty regarding the labor reform.
Key Points of the Normative Criterion
- Uniform Tax Treatment: The tax obligations of DiDi, Uber, and Rappi workers will not be altered by the labor reform.
- Flexibility Maintained: Workers will continue to have flexibility regarding the time they spend on digital platforms without mandatory entry or exit hours from the apps.
- Pilot Program Details: The pilot program will assess the effectiveness of these new rules and allow for necessary adjustments before full implementation.
Government Support and Resources for Workers
The federal government and STPS have reaffirmed their commitment to providing legal certainty for these workers. They have made the following resources available:
- marcaSAT: Phone number 55 627 22 728
- Chat uno a uno en chat.sat.gob.mx: One-on-one chat support
- OrientaSAT: Orientation and guidance platform
Implications of the Reform for Workers and Companies
This labor reform aims to establish a more structured relationship between digital platform companies and their workers. By formalizing employment through contracts, both parties can benefit from increased legal protections and benefits. Moreover, the reform acknowledges the need for flexibility in workers’ schedules, ensuring that they can maintain their autonomy while still enjoying the advantages of formal employment.
