Delivery workers celebrate agreements in the Senate to give them social security

According to the group, five of the six applications they presented were accepted in the reform, so they are now waiting for the publication of the opinion in the Official Gazette of the Federation (DOF).

Which RUM applications were accepted and which ones were discarded?

In the words of RUM, the five accepted applications were the following:

1. The definition of “Discontinuous Subordination” was improved to specify that only as long as there was a connection between the distributors or drivers there would be subordination

2. It was agreed to maintain the fiscal scheme under which we are currently working.

3. It was accepted to take the work tools as part of the salary and to specify the contribution of the platforms to these operational expenses.

4. It was accepted to add a broader definition of “Freedom” in the provision of the service. That is to say that there is no contract with fixed hours, that they can disconnect whenever they want and that there are no areas where it is forced to deliver or drive but that it continues to be governed according to the tastes of each worker and market incentives.

5. Although it was not accepted to eliminate the collective right, a promise was made that clear rules would be followed for the formation of a union and it would be done in a democratic manner and not due to political ties.

The discarded request is related to the effective travel time on the platform. RUM’s proposal was to take into account 40 hours of work a week to qualify for social security, but this will not be the case.

“If you do 40 hours a week then you are an employee, but that was not taken, the net minimum wage was taken,” RUM explained.

The Alianza In México, an association that represents digital platforms such as Didi, Rappi and Uber, urged the Mexican government to start working groups in order to “ensure adequate implementation” of the reform to the Federal Labor Law.

RUM and Alianza In México agreed that the reform represents an important step towards social security for those who use digital platforms to generate income.

However, the group of companies pointed out that this effort will depend “to a large extent on the secondary provisions that are issued by the STPS, the IMSS and the Ministry of Finance and Public Credit, through the Tax Administration Service.”

The delivery drivers added that, despite the approval, they will continue working on three key fronts:

• Guarantee compliance with the agreements: “We will be attentive to ensure that the publication in the DOF respects what was approved, without modifications that affect the rights and benefits of the delivery people. We ask the Deputies, Senators and officials of the STPS to be allies in compliance with the agreements on future battle fronts,” they said.
• Negotiations with the IMSS: “We will continue to promote a collaborative approach so that any future proposal benefits us, respects our freedom to generate income and considers the expenses we make every day to maintain our motorcycles and other tools,” they stated.
• Follow-up with the SAT: “We will demand that the commitments made by legislators and STPS authorities be fulfilled, preventing new taxes from affecting our income. We don’t want more taxes, we already pay ISR and VAT,” they added.

“This isn’t over until it’s over. We will remain active, organized and vigilant to ensure that promises are translated into realities that protect our occupation and our freedom,” RUM emphasized.

The group also assured that it will not allow “setbacks or outside interests, such as charro unions, to interfere with what we have managed to build.”