REPSE

Essential Guide: Specialized Outsourcing Services in Mexico or REPSE

July 15, 2024

Navigating the world of business outsourcing can be challenging, especially when the rules change in your destination country: Mexico. This is where REPSE comes in. REPSE, or the Registry of Specialized Service Providers or Works, is a regulatory framework designed to ensure that companies offering specialized services adhere to the Mexican Labor Reform of 2021.

Some amendments and updates have been made in recent years but the core remains: to register, inspect and surveil specialized services (outsourcing) companies in Mexico.

Let’s explore what REPSE means for your business.

What is REPSE?

In simple terms, REPSE stands for “Registro de Prestadores de Servicios Especializados u Obras Especializadas.” It’s a mandatory registry overseen by the Secretaría de Trabajo y Previsión Social (STPS) to regulate and bring transparency to subcontracting practices in Mexico.

REPSE ensures the prohibition of outsourcing practices in Mexico when contracting employees. Instead, outsourcing was transformed to specialized services, under very specific conditions that we are going to explain further.

When and Why Was REPSE Created?

REPSE was born out of the Labor Reform of 2021 aimed at eliminating outsourcing practices in Mexico. Before REPSE, outsourcing allowed companies to sidestep paying full social security and other benefits of employees by avoiding paying full fiscal obligations to Mexican authorities.

The 2021 Labor Reform ensured that companies payed full social security and other employee benefits that are a Constitutional right and also according to the Mexican Labor Law. The reform also changed the objective or naming of outsourcing practices (this is very important to understand when navigating Mexico’s Labor Reform). 

As mentioned before, outsourcing became specialized services and its main objective is to offer services that are not aligned to the core business of companies. Before, outsourcing was a way of subcontracting or registering employees onto other companies that were not the main employer in order to save on fiscal and social security payments.

REPSE’s regulations are foreseen by the 15th article of the Mexican Labor Law and, the definition of specialized service is under the 12th article.

The Objectives of REPSE

The primary objectives of REPSE include:

  • Protecting workers’ rights
  • Combating tax evasion
  • Eliminating harmful outsourcing practices

Examples of REPSE-Registered Companies

Industrial Diners and Cleaning Services

Companies offering industrial dining services or janitorial tasks are classic examples of REPSE-registered entities. They don’t relate directly to a company’s core mission but significantly assist in its daily operations.

Security and Maintenance Services

Security firms and maintenance services also fall under the REPSE category. These services support the business environment without being part of the core business activities.

Marketing and IT Services

Marketing, design agencies, video production, and IT services unrelated to the company’s core functions also need to be REPSE-registered. They provide crucial support without being integral to the primary business activities.

Regulatory Oversight and Compliance

What are the organisms responsible for REPSE’s compliance? Let’s dive in.

Who Regulates REPSE Providers?

STPS (Secretaria del Trabajo y Previsión Social) is responsible for assessing, inspecting, regulating and surveilling REPSE providers, ensuring they comply with labor laws and fulfill their administrative duties.

Steps to Become a REPSE Provider

To become a recognized REPSE provider, a company needs to:

  1. Register with the STPS via their online portal.
  2. Ensure no outstanding debts with IMSS, SAT, and INFONAVIT.
  3. Submit necessary documents like fiscal situation certificates, powers of attorney, and proof of address.
  4. Renew the registration every three years.

Today, according to SPTS there are more than 100,000 companies registered under REPSE.

Consequences of Non-Compliance

Whether you’re looking to offer services in Mexico under a company or you’re about to open operations in the country and want to subcontract some activities, it’s important that your company complies with the regulations.

Legal Repercussions

Non-compliance with REPSE regulations can lead to severe consequences, including hefty fines. It also exposes companies to legal risks and potential business disruptions.

Financial Penalties

Companies operating without REPSE registration may face fines ranging from 2,000 to 50,000 times the Unidad de Medida y Actualización (UMA) (from 12k to 300k dollars). Additionally, non-compliance can lead to limitations on tax deductions and other financial penalties.

According to the STPS, any company that subcontracts services is obligated to check the REPSE registration of their providers.

How Consolidé Can Help

Enhance Efficiency with Consolidé

Consolidé offers an extensive catalog of REPSE-registered companies that can enhance your company’s efficiency. From cleaning and human resources to administration and technology, we are ready to support your operations.

Focus on Core Business Activities

By outsourcing non-core functions, you can focus on your primary business activities, driving growth and innovation. Consolidé’s solutions are designed to reduce costs and increase operational efficiency.

Benefits of Partnering with Consolidé

When you partner with Consolidé, you benefit from:

  • Compliance with Federal Labor Law amendments
  • Avoidance of tax and social security contingencies
  • Fulfillment of IMSS and INFONAVIT obligations
  • Improved organizational structure and efficiency

Understanding REPSE Regulations

Companies offering specialized services must be REPSE-registered to operate legally in Mexico. Compliance ensures that businesses meet labor, customs, and tax obligations.

Key Compliance Requirements

To comply with REPSE regulations, companies must:

  • Register with the STPS and renew every three years
  • Include REPSE registration details in all contracts
  • Ensure no outstanding debts with relevant authorities

Reporting Obligations

REPSE-registered companies must report contracts quarterly through ICSOE and SISUB platforms. Failure to comply can result in significant fines and legal penalties.

Additional Compliance Platforms

What is ICSOE?

ICSOE, or Informativa de Contratos de Servicios u Obras Especializadas, is an online tool managed by IMSS. It requires REPSE providers to report contract details quarterly.

Obligations of ICSOE

Companies must submit:

  • General contract information
  • Detailed worker information
  • Quarterly reports by the 17th of January, May, and September

Failure to comply can lead to fines ranging from 500 to 2,000 UMAs.

What is SISUB?

SISUB, or Sistema de Información de Subcontratación, is Infonavit’s platform for reporting specialized service contracts. It ensures compliance with social security obligations.

SISUB Reporting Requirements

Companies must submit:

  • General business and contract details
  • Worker details
  • Quarterly reports by the 17th of January, May, and September

Conclusion

The REPSE framework is essential for ensuring fair labor practices and compliance in Mexico. By understanding and adhering to these regulations, businesses can avoid legal pitfalls and enhance operational efficiency.

Partnering with Consolidé can simplify this process, providing you with expert support and a network of REPSE-registered service providers. This allows you to focus on your core business activities, driving growth and innovation.

Explore our specialized outsourcing services today and see how we can help your business thrive.

METADESCRIPTION

Learn about REPSE or Specialized Outsourcing Services in Mexico and the importance of compliance for businesses.

REFERENCES

https://www.eleconomista.com.mx/capitalhumano/STPS-revocara-Repse-de-empresas-que-no-renueven-a-tiempo-20240204-0040.html
https://payrolling.mx/blog/repse
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