Distributors Unidos México (RUM) reported that, after the demonstrations on October 14 and 30 and more than five meetings with the Ministry of Labor and Social Security (STPS), “substantial changes in the proposal” have been achieved, among which stand out :
Freedom to accept orders: The initial proposal required accepting any assigned order. With the modification, the option to decide whether or not to accept each order is maintained.
Use of various platforms: The traditional subordination model required that each distributor have a single employer responsible for their contributions. Delivery drivers claim that working on multiple applications allows them to take advantage of the best promotions or incentives at all times.
Definition of discontinuous flexibility: This term was not clear in the bill. According to labor lawyer Antonio Maluf, it refers to the possibility of recognizing time flexibility on digital platforms. The delivery drivers propose that they can provide services discontinuously, under the supervision of a platform or company, complying with a minimum of 40 hours per week in the app of their choice.
Current tax system without written agreement: Delivery drivers fear that social security will affect their income and increase their tax obligations. Not having a written agreement also represents the risk that these guarantees will not be honored.
RUM declared: “These advances show a willingness to build a new scheme of well-being and freedom for those of us who deliver on digital platforms.” Although the proposal is not yet ideal, the changes preserve the flexibility they demand.
Uncertainty persists
RUM expressed concern that unions linked to political actors could intervene in the reform and put the agreements reached at risk. In particular, they pointed out the Service Vehicle Drivers Union (Siconvece) and its member Víctor Sánchez, who is close to Pedro Haces, leader of the Autonomous Confederation of Workers and Employees of Mexico (CATEM), and the Secretary of Labor, Marath Bolaños. .
They also expressed fiscal concerns. The “application partners” declare before the Tax Administration Service (SAT) with a VAT withholding rate of 8%. According to Oxfam, sectors with high profits pay lower rates: mining (6.2-6.9%), pharmaceuticals (1.3-5%) and manufacturing (1.2-5%), which implies that delivery drivers contribute up to 6.8% more taxes than large industries.
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