Labor reform for workers providing services to digital platforms
December 24, 2024
On December 24, 2024, the Decree amending and supplementing various provisions of the Federal Labor Law regarding digital platforms was published in the Federal Official Gazette. This decree grants social rights to individuals providing services through digital platforms.
The decree defines key terms such as: digital workers, work on digital platforms, and digital platforms. It also establishes the rights of digital platform workers, as well as the obligations, prohibitions, and sanctions applicable to employers.
A digital platform worker is defined as any individual who provides personal, remunerated, and subordinate services through a digital platform, with a net monthly income equivalent to at least one monthly minimum wage in Mexico City (MXN $8,364.00 per month, following the 2025 increase). The amount of time worked is irrelevant for this metric. Consequently, any person with a net income below this threshold will be considered an independent worker.
The main provisions established by the decree are as follows:
- Working hours are defined as the time effectively worked, meaning from the acceptance of a service until its completion.
- The remuneration for services rendered must be paid on a weekly basis and include proportional benefits such as rest days, vacation time, year-end bonuses, and overtime pay.
- The establishment of individual employment contracts, which may be signed digitally. These contracts must be authorized by the Federal Center for Conciliation and Labor Registration.
- Digital platform workers who have worked more than 288 hours annually are entitled to receive a share in the company’s profits.
- The decree establishes new grounds for termination for employment, including repeated and unjustified failure to fulfill accepted services by the worker, acts of violence, submission of false documentation, and inexcusable negligence regarding the safety or privacy of users.
- Employers are responsible for ensuring the security of their workers’ information and personal data, registering their workers with the Mexican Social Security Institute (IMSS), among other obligations.
In cases where any of the aforementioned provisions, as well as others established in the decree, are violated, the employer or company may be sanctioned with fines ranging from 250 to 25,000 times the Unidad de Medida y Actualización (Unit of Measurement and Update), depending on the nature of the infraction committed.
The provisions of the decree will take effect 180 days after its publication in the Federal Official Gazette. Similarly, deadlines are established for the Mexican Social Security Institute (IMSS) and the Ministry of Labor and Social Welfare, which must ensure the registration of workers and the payment of social security contributions.
Contact Information:
For further guidance, reach out to:
Jair Bravo Gutiérrez
Managing Partner
jbravo@j-bravo.com
52-81-24748538
www.j-bravo.com
Blvd. Antonio L. Rodríguez 3000, Colonia Santa María, 5to piso, Interior 501 Torre Albia, C.P. 64650 Mty, N.L., México T.
