The STPS publishes a new Inspection Protocol on Subcontracting On November 24, 2025, through the publication of Bulletin 50/25, the Ministry of Labor and Social Welfare (hereinafter, "STPS") published the New Inspection Protocol on Subcontracting (hereinafter, "Inspection Protocol").
In the Inspection Protocol, the STPS defines how and on what basis the ministry will verify compliance with Mexico's specialized services or works regime. It also aligns the inspectors' actions with the 2021 reform prohibiting personnel subcontracting and only permitting specialized services or works that are not contemplated in the corporate purpose or the preponderant economic activity of the beneficiary. This reinforces the detection of illegal subcontracting agreements, irregular schemes without REPSE and simulation of specialized services, as well as the application of sanctions in case of non-compliance.
Monitoring will occur through three actions: i) REPSE verification visits; ii) specific contractor and beneficiary subcontracting inspections; and iii) ordinary inspections of the General Conditions of Work, Safety and Health, and Training and Education, with a cross-cutting focus on subcontracting.
The inspections will have four main objectives:
- Existence and validity of the REPSE registry.
- Operational legality of the scheme.
- Labor and social security compliance.
- "On-site" verification in the beneficiary's workplace that the workers' activities reflect the terms of the agreement.
In order to verify proper compliance with the subcontracting provisions, the inspectors will analyze, among other things, documents and information referred to as "Compliance Indicators". Inspections will also be supplemented with interviews and interrogations, which can be conducted during the inspections, using IT, or on the next business day if it cannot be done the same day.
For both companies providing specialized services or works and companies benefiting from them, problems can be forestalled through a preventive diagnosis in accordance with the indicators of the Inspection Protocol and, where appropriate, implementation of the necessary measures identified to ensure proper compliance with the relevant provisions, mitigating the risk of fines being imposed by the STPS.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
