Mexico City.- A federal judge granted the first provisional suspension against the reform in the matter of labor subcontracting, also called outsourcing, a precautionary measure that will benefit a US company for the time being.
María del Carmen Leticia Hernández Guerrero, First District Judge in Civil and Labor Matters based in Nuevo León, granted the suspension to the Mary Kay company, which challenged the reform that regulates outsourcing.
The company may, for the time being, continue with subcontracting with the rules in force before the reform.
The company requested the suspension of the Decree amending, adding and repealing various provisions of the Federal Labor Law, Social Security Law, Law of the Institute of the National Housing Fund for Workers, the Federal Tax Code, Income Tax Law, Value Added Tax Law, Federal Law of Workers at the Service of the State, Regulations of section B) of article 123 of the Constitution, Regulatory Law of section XII Bis of section B, of article 123 of the Constitution, on Labor Subcontracting, published in the Official Gazette of the Federation on April 23 of this year.
As well as the agreement by which the general provisions for the registration of natural or legal persons that provide specialized services are disclosed or carry out specialized works referred to in article 15 of the Federal Labor Law, published on May 24.
The judge indicated in her resolution that, from the cursory examination and superficial approach of the Decree claimed as unconstitutional, “It is observed that its first transitory article actually contains different times for the decree to enter into force, which in itself implies that for complainants it will enter into force at one time and for other people, at another”.
It above, he explained, could contravene the articles 1 and 4 of the Federal Constitution.
“Likewise, it is estimated that there is a danger in the delay, in the face of damages that are difficult and even impossible to repair that it would cause, if the consequences and legal effects of the normative provisions claimed are executed, since allowing the application of these would deprive the complaining companies of the time necessary to comply with the requirements and obligations that the contested regulations contain ”, he pointed out.
The company promoted the amparo June 7th.
As of the entry into force of the Decree, a period of 30 days was set for the Ministry of Labor and Social Welfare (STPS) to issue the general provisions of the registry that will feed a register in which subcontractors will be registered.
For their part, companies have 90 days, counted from entry in force of the decree, to regularize its staff and eliminate outsourcing and insourcing schemes.
The judge set for next June 18 the holding of the hearing where she will determine whether or not to grant the definitive suspension.
Dozens of companies have filed protection against the reform, but other judges have indicated incompetence due to subject matter and have sent them to work.