On December 12, 2022, the Ministry of Labor and Social Welfare (STPS) published in the Federal Official Gazette the Resolution establishing inspection criteria for subcontracting related to tourist services and lodging (the Resolution).

It is important to remember that the amendment regarding subcontracting has the purpose of combating labor simulation mechanisms, as well as establishing the prohibition of the subcontracting of personnel and only allowing the contracting of specialized services that are not part of the corporate purpose of the contracting company.

Derived from the foregoing, the Resolution is established for the purpose of regulate inspections in terms of subcontracting, related to the activities carried out in the work centers linked to individuals or companies dedicated to Temporary Accommodation Services (Hotel Industry), such as: room cleaning (maid), guest registration, guest service, cooks, bartenders, captain of waiters, waiters, laundry attendants, clothes attendants, dishwashing, cleaning and kitchen care, reservations and room service charges, provided that such activities are part of their predominant activity.

The activities mentioned are not considered specialized. As a consequence of the foregoing, it is unfeasible for companies or individuals dedicated to the Hotel Industry to contract these services with a specialized nature, since said activities are intrinsically linked to their corporate purpose and predominant activity.

Those dedicated to the indicated economic activity shall be prepared for the inspections that they will be subject to in the medium and short term. The foregoing, in order to avoid economic or administrative sanctions, by the Inspection Unit of the STPS.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. In case you require additional information or a legal analysis, please do not hesitate to contact us. We will be glad to provide the personalized legal advice that you require.