Rider Law: the red flags of a social security law on platforms

The legal scenario in Mexico

With this initiative, it is estimated that around 650,000 people who work as delivery workers and drivers can access formal worker rights in traditional schemes.

Although access to social security is considered first, there is also coverage for work accidents, access to Infonavit credit, payment of utilities and the right to a bonus. To this end, the proposal introduces the concept of “discontinuous subordination.” Antonio Maluf, a lawyer specializing in labor law, explained to Expansión that this refers to a modality that allows workers’ time flexibility on platforms to be recognized.

“This means that regardless of the number of hours worked, the person who participates in digital platforms will be able to have a recognized employment relationship that allows them to have these rights and protections without giving up their autonomy,” says the specialist.

However, he adds, the above implies “many complications” and practical legal contradictions compared to the model that currently exists.

“The Mexican government rather intends to carry out a reform without consulting the other parties, that is, the companies and the workers. It seems rather that they are once again disguising tax benefits through labor modifications,” Maluf commented.

From the specialist’s perspective, the Federal Labor Law goes beyond its concept of what an employment relationship is. He explained that previously he started from three main concepts: subordination, salary and working hours.

In her initiative, “the president (Claudia Sheinbaum) mentioned that it did not matter if you worked as long as you wanted, but the reality is that the day a labor demand arrives, the hours of work do matter and the workers, of course, are going to claim overtime,” he added.

Another example of complication is the calculation of the bonus, which requires a base salary, something that does not exist in the current work scheme of delivery workers.