Background on the Issue
The Colectivo de Conductores de Plataformas Digitales (Cccopla) in Nuevo León, Mexico, has expressed concern regarding the upcoming labor reform targeting digital platform workers. This reform, part of the Federal Labor Law (LFT), aims to establish labor rights for workers on apps like Uber, Didi, and Rappi. However, the lack of official communication from authorities has left drivers uncertain about its implementation and potential impact on their incomes.
Cccopla’s Concerns
Since the announcement of the reform late last year, drivers have only received rumors and fragments of information. There has been no official document, call, or message explaining what they should do or if registration in any system is required. This lack of clear instructions makes their work difficult, as they are unsure if they might be violating regulations or if their earnings will be affected by unexplained decisions.
Many drivers rely on these platforms for flexibility and the ability to balance work with other projects or family responsibilities. If this flexibility is lost or if new conditions fail to consider their reality, they could be left without a viable income source.
The Cccopla mentioned that authorities in Nuevo León and other federative entities contacted them for meetings, which never materialized. They have attempted to reach out to the Secretaría del Trabajo y Previsión Social (STPS) and the Instituto Mexicano del Seguro Social (IMSS), but no response has been received. No guidance has been published to help them understand how to comply with the upcoming reform.
What the LFT Reform Entails
On December 24, 2024, a new chapter was added to the Federal Labor Law (LFT), with articles ranging from 291-A to 291-U, published in the Federal Register. The objective is to recognize labor rights (benefits and social security) for workers on platforms such as Uber, Didi, and Rappi.
According to the law, workers are defined as those who generate monthly net income exceeding a minimum salary. If they earn less, they are considered independent contractors but with accident coverage.
Eligible workers have the right to benefits, including vacations, bonuses, and profit-sharing if they work more than 288 hours per year. Contracts must be registered with the Centro Federal de Conciliación y Registro Laboral, and drivers must register with the IMSS and Infonavit.
The reform is expected to take effect 180 days after publication, likely between June and July. However, the Congress must pass complementary regulations, which should also be ready within 180 days.
Additional Concerns
Conductoras y Repartidoras Unidos por México have stated that the reform would negatively impact their income generation capacity, as companies would control their earnings and work methods.
Other associations have requested that the reform consider drivers’ costs, such as vehicle maintenance and insurance, before calculating their contributions or taxes.
There are also concerns about increased tax burdens.
Key Questions and Answers
- What is the purpose of the LFT reform? The reform aims to establish labor rights for workers on digital platforms like Uber, Didi, and Rappi.
- Who is considered a worker under the new law? Workers are defined as those who generate monthly net income exceeding a minimum salary.
- What benefits do workers receive? Eligible workers have the right to vacations, bonuses, and profit-sharing if they work more than 288 hours per year.
- What are the drivers’ concerns? Drivers worry about losing flexibility, unclear instructions on compliance, and potential income reduction.
- What additional concerns have been raised? Some groups are concerned about increased company control over earnings, unconsidered costs, and higher tax burdens.
