Background on the STPS and its Relevance
The Secretaría del Trabajo y Previsión Social (STPS) is a Mexican governmental body responsible for labor regulations and social security. Its recent announcement regarding new rules for platform workers in 2026 has significant implications for gig economy workers, such as delivery and ride-hailing service providers.
Who are the key players mentioned?
The STPS is the primary organization responsible for these new regulations. Additionally, two unions are mentioned:
1. Unión Nacional de Trabajadores por Aplicación y de Reparto de México (UNTA)
2. Repartidores y Conductores Unidos de México
New Rules for Platform Workers
In a recent move, the STPS published an agreement in the Diario Oficial de la Federación (DOF) modifying rules to determine net income for delivery and driving workers. These adjustments will fully take effect in 2026.
During a pilot study in the first and second quarters of 2025, it was observed that the existing parameters did not accurately reflect work intensity and the economic reality of the sector. As a result, the STPS made necessary adjustments to these parameters.
Key Changes in the New Rules
- Salario Mínimo Adjustment: The new rules consider the substantial increase in the minimum wage for 2026, as announced by Conasami. This adjustment ensures that income calculations are proportional and viable given the new employer obligations.
- Redefining Gross Monthly Income: Going forward, gross monthly income will be calculated by summing payments for tasks, works, or services, including bonuses, gratuities, and any other incentives. However, tips will no longer be included in the calculation to provide legal certainty for both companies and workers regarding their social security contributions.
- Exclusion Percentage Reduction: The categories of autos, motos, and non-motorized workers experienced reductions in exclusion percentages. Specifically:
- Autos: 7 percentage points reduction, from 55% in 2025 to 48% in 2026
- Motos: 8 percentage points reduction, from 40% in 2025 to 32% in 2026
- Non-motorized workers: 9 percentage points reduction, from 12% in 2025 to 3% in 2026
Despite these percentage reductions, the gross income amount required for workers to access social security remains nearly unchanged due to the minimum wage adjustment to 9,582.47 pesos.
Impact on Workers
The nominal income requirements for workers to contribute to social security are as follows:
- Auto drivers: 18,427 pesos
- Motorcycle riders: 14,092 pesos
- Non-motorized delivery workers: 9,877 pesos
Union Responses and Concerns
UNTA’s Stance: The Unión Nacional de Trabajadores por Aplicación y de Reparto de México (UNTA) has expressed rejection of the partial reductions, arguing that they are insufficient and do not address the core issue.
Repartidores y Conductores Unidos de México’s Concerns: This union is worried about the establishment of percentages lacking technical or logical support, potentially jeopardizing the model and incomes of thousands of Mexican families earning through platforms.
STPS Enforcement and Future Actions
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 are the new rules for platform workers in 2026? The STPS has adjusted parameters to determine net income for delivery and driving workers, with adjustments taking full effect in 2026.
- What changes have been made to the gross monthly income calculation? Gross monthly income will now be calculated by summing payments for tasks, works, or services, including bonuses and incentives. Tips will no longer be included in the calculation.
- How have exclusion percentages been adjusted? Exclusion percentages for autos, motos, and non-motorized workers have been reduced by 7, 8, and 9 percentage points, respectively.
- What are the income requirements for workers to contribute to social security? The nominal income requirements are 18,427 pesos for auto drivers, 14,092 pesos for motorcycle riders, and 9,877 pesos for non-motorized delivery workers.
- How have unions responded to these changes? Both UNTA and Repartidores y Conductores Unidos de México have expressed concerns, with UNTA calling for the elimination of exclusion percentages and Repartidores y Conductores Unidos de México worried about the lack of technical or logical support for the new percentages.
- What enforcement actions will the STPS take? The STPS will intensify monitoring and enforcement actions starting in 2026 to ensure compliance with these new regulations nationwide.
