What the labor reform in Mexico says about the social security of drivers and application delivery workers

( Spanish) — The Government of Mexico presented a reform initiative to the Federal Labor Law to regulate the working conditions of digital platform workers, such as drivers and delivery people. It would cover around 658,000 people, according to data from the Tax Administration Service (SAT).

The reform would grant these workers access to labor rights such as social security, through the Mexican Social Security Institute (IMSS), Infonavit credits and accident insurance, according to the Government.

President Claudia Sheinbaum said in her morning conference on Wednesday that platforms integrate workers in a way that “has nothing to do with Federal Labor Law, in a way of not recognizing the obligations that an employer has with its workers. ”.

“They are hired as partners, who are not partners, only to avoid incorporating workers into the rights they should have. “If they were partners, they should also have profit sharing,” said Sheinbaum.

These are the key points of the reform:

The reform establishes that workers who generate more than one minimum monthly salary have access to social security through the Mexican Social Security Institute (IMSS), which includes coverage for work risks, illnesses, disabilities, pensions and daycare. In addition, they will be able to access credits from Infonavit.

According to data from the Tax Administration Service (SAT), currently 41% of digital platform workers in Mexico (about 272,000 people) achieve incomes equivalent to or greater than the monthly minimum wage.

It is proposed that the IMSS implement a 180-day pilot program, mandatory for the platforms, to make the necessary adjustments.

Workers could register with the IMSS at the beginning of the month without payment, with a retroactive adjustment and pay at the end of the month. Each platform would have employer registries at the national level. Workers who do not earn a minimum wage could be insured under the self-employed regime.

All platform workers, regardless of income level, would have protection against workplace accidents during the time they provide their services, according to the official project. In the event of an accident, the platform being worked on will be responsible for covering care and insurance.

If the reform is approved, the platforms must register the contracts of their workers with the Federal Center for Conciliation and Labor Registration. This contract must contain the rules of the algorithm that manages the assignment of tasks on the platforms, which seeks to offer greater transparency about the mechanisms for assigning services and clarity in the working conditions of the workers.

The reform maintains the flexibility of the platform model, allowing workers to continue choosing their schedules and the applications they want to work on. There would be no changes to the business model.

Discontinuous subordination would also be maintained, which refers to the time in which the worker is providing the service.

The reform establishes mechanisms so that platforms cannot disconnect their workers arbitrarily. Workers must be notified at least three days in advance before a disconnection, except in serious cases, such as when there is a failure to comply with orders. Disconnection processes must be managed by people and not by algorithms.

Provisions with a gender perspective are included, incorporating specialized mechanisms to prevent and address cases of harassment or bullying.