General Guidelines for the Registry of Individuals or Legal Entities providing Specialized Services 

General Guidelines for the Registry of Individuals or Legal Entities providing Specialized Services or executing Specialized Works, as referred to in article 15 of the Federal Labor Law.

The General Guidelines for the Registry of Individuals or Legal Entities providing Specialized Services or executing Specialized Works, as referred to in article 15 of the Federal Labor Law ("Guidelines") were published on May 24, 2021 in the Official Gazette of the Federation. The registration process, which is also mandatory for companies that provide complementary or shared services or performs works within the same business group, will be carried out through the platform enabled by the Ministry of Labor and Social Welfare (the "Ministry") (http: / /repse.stps.gob.mx), in accordance with the following:

            •            Registration Process 

To carry out the registration, individuals or legal entities who are interested in registering:

            •            Must deliver, through the platform, certain information and documentation, including (in some cases, copies in PDF format or XML files):

            •            Personal or Corporate Information, including full name or company name, commercial name, address, telephone number and geolocation information;

            •            Information of a tax nature, including Federal Taxpayers Registry and Electronic Signature;

            •            Information of labor nature, including Employer Registration with the Mexican Social Security Institute, affiliation with the National Fund for Housing of the Employees, and total number of employees at the time of registration application; and

            •            Information related to the specialized economic activity or activities that pertain to the registration and the predominant economic activity of the applicant.

            •            Must be, on the date of the application, up to date with their tax and social security obligations before the Tax Administration Service, the Mexican Institute of Social Security, and the Institute of the National Fund for Housing of the Employees.

            •            Must prove the specialty of the services or work that they intend to provide, describing the elements or factors that support the exceptional nature of such service and providing information and documentation, as necessary, regarding training, certifications, permits or licenses regulating or governing the activity, equipment, technology, assets, machinery, risk level, salary range and experience, among others. In addition, the services or specialized works to be provided must be contained in the main corporate purpose or economic activity of the applicant intending to register.

            •            Timeframe and Renovation

Once the information is provided and the application is filed, the Ministry will have a period of 20 labor days to issue a resolution. Failure to do so, the applicant may request the authority to resolve it within 3 labor days. If the Ministry does not issue a response within that period, the registration will be deemed completed (affirmative response).

The registration will be valid for 3 years and its renewal process must begin within 3 months prior to the date the registration expires.

            •            Registration Refusal and Cancellation

The Ministry, after detecting a possible breach of the requirements for obtaining the registration, will notify the applicant so that within the following 5 labor days such applicants can express what they deem convenient. The Ministry will then issue a resolution, as appropriate. In this sense, the Ministry will deny registration when:

            •            The applicant does not meet the requirements set forth in the Guidelines;

            •            The specialized nature of the activity is not proven;

            •            The applicant is not up to date with tax and labor obligations;

            •            The applicant does not meet the requirements for information or complementary documentation that are required by the Ministry; and

            •            The applicant provides false information or there are inaccuracies or discrepancies between the data filed and the supporting documents.

In addition, once the registration has been granted, the Ministry may proceed to its cancellation for any of the following reasons, among others:

            •            If unregistered services or works are provided, or specialized services or works that are part of the corporate purpose or preponderant economic activity of the individual or legal entity coarcting such services are provided;

            •            If there are debts of tax and social security obligations or if any other basic requirement for granting the registration is breached; and

            •            In the case of are non-compliance with the provisions of the Federal Labor Law regarding subcontracting.

            •            Additional Provisions 

The Guidelines provide that the applicants who obtain the registration will be obliged to fully identify their employees by means of an image, name, badge or identity code that linking said employee with the entity providing the specialized service or executing the specialized works at the contractor’s facilities.

In addition, the specialized services agreements must identify the registration and folio of the activity or specialized work being performed under such agreement. 

Derived from the content and process carried out for the publication of the Guidelines, there are substantive and adjective elements that, case by case, could support the filing of constitutional or administrative processes to avoid possible damages, as applicable to the affected party.


Alejandro Nila R. 
Sainz Abogados