As a result of the Decree published on April 23, 2021, about outsourcing and the Decree published on July 31, 2021, in the Federal Official Gazette granting deadlines for the implementation of the reform, let us mention that it is necessary to attend to the Principle of Territoriality, which will be considered for the inspections carried out by the Ministry of Labor and Social Security (STPS), from September 1 of this year.
Under the Principle of Territoriality, authorities depending on the Ministry of Labor and Social Security will review the geographical place where the employees of the companies are working.
The aforementioned means that the Inspector of the Ministry of Labor would be empowered to impose fines if going to domicile, he finds workers who are not hired by the employer within that domicile. In these cases, the Certificate of Specialized Service Provider issued by the REPSE Portal would be requested, regardless of the worker's employer is considered a Specialized Service Provider or not.
Therefore, Massat & García Consulting Servicios, S.C., in our opinion as a firm, we recommend that if you send your workers to a client's domicile to perform a service, to have previously obtained your Certificate of Specialized Service Provider, to avoid fines.