Mexico’s Digital Platform Worker Regulation Program Begins Pilot Phase
Six months after the promulgation of Mexico’s digital platform labor reform, a pilot program has commenced to prepare for the full implementation of the law set to take effect on January 1, 2026. This model aims to ensure social security for over 650,000 workers without eliminating the flexibility inherent to this type of employment.
Key Provisions of the Mexican Reform
The reform mandates companies like Uber, Didi, and Rappi to register their contracts with the Federal Center for Labor Mediation and Registration via the “Siva-Contracts” platform. This will enable authorities to verify workers’ rights without disrupting the platforms’ operations.
Challenges Faced by Mexican Reform
Despite the progress, some riders have reported campaigns of misinformation orchestrated by the platforms themselves. Sergio Guerrero, General Secretary of the National Union for App Workers, has warned that companies are instilling fear and uncertainty through alarmist statements and coordinated actions to obstruct the reform’s progress.
Global Regulation of Digital Platform Workers
The debate on regulating digital platform work is not exclusive to Mexico. By 2024, at least 60 legislations worldwide addressed this form of employment. Most recognize a labor relationship between platforms and workers, with over 120 court rulings supporting this view across various countries.
Experts’ Perspectives
Graciela Bensusán, a researcher at UAM-Xochimilco, asserts that new technologies have masked traditional labor subordination. Algorithms allow platforms to exert control over workers, replacing the conventional supervisor role.
Juan Pablo Pérez Sáinz from FLACSO Costa Rica highlights the normalization of precarity under the digital model. Although some workers perceive their labor as self-employment, conditions reveal subordinated work realities.
Countries Regulating or in the Process of Regulating Digital Platform Work
The European Union
In Europe, where an estimated 43 million people are expected to work on digital platforms by 2025, regulations aim to secure benefits like paid vacations and social protection. The “presumption of employment” is a crucial figure that would automatically consider platform workers as employees unless proven otherwise.
In Spain, the “Rider Law” (Law 12/2021) explicitly acknowledges riders as employees dependent on contracts. This law obliges companies to hire them, ensure their safety, provide clear order information, and fulfill complete labor obligations.
Advances in Latin America
Latin America has also made significant strides:
- Chile: Pioneered by establishing a law recognizing riders and drivers as independent workers with access to labor rights and social security.
- Brazil: Awaits a Supreme Federal Court ruling that could recognize the labor link between platforms like Uber and their drivers.
- Colombia: Recently approved new guarantees for digital platform workers, aiming to recognize their labor rights and establish a regulatory framework for their engagement and access to social security.
- Uruguay: Passed a platform worker regulation bill in February in the Chamber of Representatives, now moving to the Senate.
Key Questions and Answers
- What is the purpose of Mexico’s digital platform labor reform? The reform aims to ensure social security for over 650,000 digital platform workers without eliminating the flexibility of this type of employment.
- What are the key provisions of Mexico’s reform? Companies like Uber, Didi, and Rappi must register contracts via the “Siva-Contracts” platform for authorities to verify workers’ rights without disrupting operations.
- What challenges has Mexico’s reform faced? Some riders have reported misinformation campaigns by platforms, with concerns raised about fear and uncertainty instilled through alarmist statements and coordinated actions.
- How is the digital platform worker regulation progressing globally? Over 60 legislations worldwide address digital platform work, with most recognizing a labor relationship and over 120 court rulings supporting this view.
- What are some notable regulatory advances in Latin America? Chile recognized riders and drivers as independent workers with labor rights access; Brazil awaits a ruling on the labor link between platforms and drivers; Colombia approved new guarantees for platform workers; and Uruguay passed a regulation bill now in the Senate.
