Reform for App Drivers Maintains Flexibility, Says Mexico’s Labor Secretary

Key Points of the Reform

Mexico’s Secretary of Labor and Social Prevision (STPS), Martín Bolaños, clarified that the reform for app drivers aims to grant fundamental rights without removing their freedom to choose how, when, and how much they work. The reform ensures that drivers and riders maintain their autonomy while establishing clear rules to prevent abuses, such as charging for app usage or imposing arbitrary connection restrictions.

Maintaining Driver Flexibility

• No elimination of flexibility: The reform does not remove the flexibility that app drivers currently enjoy.
• Driver autonomy: Drivers will continue to have the freedom to choose their working hours and conditions.
• Clear rules: The reform establishes clear guidelines to prevent abusive practices, such as charging for app usage or arbitrary connection restrictions.

Algorithmic Management Regulation

Bolaños emphasized that the reform also brings order to algorithmic management, ensuring transparency and comprehensibility in decisions made by algorithms. Disconnection will only be permitted in extreme cases, such as fraud or security risks, and must always be clearly communicated with justification.

Reform Implementation and Collaboration

The reform for app drivers was published on December 24, 2024, and recognizes the labor rights of those working through apps. The STPS has been engaged in extensive dialogue with companies, worker organizations, the Mexican Social Security Institute (IMSS), Infonavit, and the Tax Administration Service to develop this reform.

Implementation and Supporting Instruments

• IMSS regulations: The IMSS will issue rules to provide social security to digital platform workers, based on the reform’s guidelines.
• Monitoring: The rules will be implemented through a mandatory pilot program, monitoring registration, contribution, and work-related risk protection mechanisms.
• STPS dispositions: The STPS will establish general provisions for calculating monthly net income, which will determine eligibility for full social security rights.

Key Questions and Answers

1. What does the reform aim to achieve? The reform aims to grant fundamental rights to app drivers while preserving their flexibility and autonomy.
2. How will the reform regulate algorithmic management? The reform ensures transparency and comprehensibility in decisions made by algorithms, allowing disconnections only in extreme cases with clear communication.
3. When was the reform published, and who has been involved in its development? The reform was published on December 24, 2024, and has been developed through dialogue with companies, worker organizations, IMSS, Infonavit, and the Tax Administration Service.
4. What instruments support the reform’s implementation? The reform is supported by regulations from the IMSS for social security provisions and general dispositions from the STPS for calculating monthly net income.