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Tourism companies now restricted to outsourcing only transport, cleaning and surveillance personnel

Cancun, Q.R. — After modifications to the law on outsourcing, companies in the tourism sector can now only subcontract transport, cleaning and surveillance personnel, a move that will have a huge impact on Cancun and Riviera Maya companies.

The modifications to the law on outsourcing will prevent companies in the tourism sector from subcontracting personnel, now forcing them to provide temporary contracts during the busiest season, said the president of the National Chambers of Commerce and Tourism (Concanaco), José Manuel López Campos.

He explained that companies in the tourism sector can subcontract transport, cleaning and surveillance personnel, but all other workers who carry out activities related to providing services to tourists will have to be hired.

The modification amends the outsourcing provisions of the Federal Labor Law (FLL), Social Security Law, Law of the Institute of the National Housing Fund for Workers, Federal Fiscal Code (FFC), Income Tax Law and the Value Added Tax Law.

The decree also introduces a rule regarding profit sharing as well as new obligations, which includes reporting their contracts of specialized services to the Mexican Institute of Social Security (IMSS) and to the Institute of the National Housing Fund for Workers (Infonavit).

It also means the income tax laws and the value added tax laws prohibit the deduction or crediting (as appropriate) of taxes related to subcontracting or contractors that are not registered with the STPS.

During a November senate discussion, union leader and senator Napoleon Gomez Urrutia, who chairs the labor commission commented “what we are doing is claiming back the rights of workers.”

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