This Tuesday, December 24, it was published in the Official Gazette of the Federation (DOF) the labor reform of digital platforms and with that, the deadlines for its implementation began to tick. The modification to the Federal Labor Law (LFT) recognizes labor rights and establishes criteria for access to social security for delivery men and drivers of applications such as Uber, DiDi and Rappi.
The new rules will be in force from June 2025, although access to the social security contemplates an additional period for the creation of an insurance regime according to the characteristics of the model, such as the flexibility of providing services on more than one digital platform or choosing work hours and days.
These are the implementation deadlines:
- Entry into force after 180 days after publication in the DOF.
- After entry into force, the IMSS Technical Council has five days to publish the general rules for the assurance of delivery men and drivers.
- Once the insurance rules are published, the IMSS will have 180 days to launch a pilot program mandatory, an exercise that will allow defining the proposed modifications to social security legislation.
- The Ministry of Labor and Social Welfare (STPS) will have five days after the entry into force to publish the general provisions that will define the net income calculation of application workers.
The reform of digital platforms incorporates a new chapter in the LFT with special rules for the work model. In this way, app delivery drivers and drivers will have full access to social security and labor rights when they generate an income equivalent to a monthly minimum wage. However, all people will be protected against accidents during actual work time, regardless of earnings level.
According to the STPS, these provisions will have access to full social security coverage and benefits around 272,000 people of the 658,000 delivery men and drivers.
On the other hand, people who do not earn income equal to a monthly minimum wage will be considered independent workers, but will be covered by the rules related to disconnection or work flexibility.
Flexibility and PTU
The reform of digital platforms gives workers the freedom to choose the moment, the time, the place and the number of applications in which they wish to provide services. This labor flexibility was one of the most demanded elements during the discussion of the modification to the LFT.
He effective working time It is understood as the moment in which an order or trip is accepted and completed. This concept is key to determining workplace accidents and access to profit sharing (PTU).
The participation of workers in profits (OCT) will be applicable to delivery workers and drivers when they exceed 288 annual hours of service, counted with effective work time.
According to the STPS, the average 288 hours It is the result of a factor of 0.75 of activity actually worked; that is, 45 effective minutes of work for each hour of connection (the remaining 15 minutes are equivalent to waiting times).
If this is equated to a traditional eight-hour workday, the effective time worked is six hours per day, 36 hours per week and 144 per month. In this case, the criterion of a temporary workerwhich receives PTU when it has provided services for sixty days (two months), that is equivalent to 288 hours per year for delivery people and drivers.
