The modification establishes that workers on digital platforms will “enjoy” all rights, including collective ones, recognized by law, for which the companies on these platforms must establish mechanisms to guarantee this.
The approved proposal establishes various obligations for platform companies:
- Registration of workers in the mandatory social security regime
- Contributions to the Institute of the National Housing Fund for workers
- Payments for services within a period of no more than one week
- Mechanisms to keep records of hours worked
- Issuance of receipts for payments made
- Implementation of mechanisms that guarantee the security of information and data of workers
- Withhold and pay dues
- Training, training and advisory mechanism
- Inform about social security measures.
Morenoist senator Simey Olvera said that digital platforms should not be allowed to become a refuge “for exploitation disguised as modernity,” but emphasized that modernity must be together to guarantee labor rights.
Senator Clemente Castañeda commented that this reform recognizes an employment relationship between workers and employers of digital platforms, which implies the recognition of labor rights, such as compensation, profits and benefits.
“We are convinced that the best social policy is a good labor policy. The reform that we discuss today represents an important step in the dignity of working people and the fight against job insecurity,” said the coordinator of Movimiento Ciudadano.
PAN member Imelda Sanmiguel commented that these platforms transformed the way people consume and created new forms of employment, which is why she said that this reform seeks to recognize the dignity of workers and guarantee their labor rights.
“This innovation has been accompanied by an important challenge: the job insecurity faced by thousands of people in this sector. For those who work on these platforms, daily work means long hours, exposure to risks on the streets, and an uncertain income. All this while facing the absence of basic labor rights,” he mentioned.
This reform also indicates that the Technical Council of the Mexican Social Security Institute (IMSS) and, where appropriate, the Board of Directors of the Institute of the National Housing Fund for Workers will publish in the Official Gazette of the Federation, within 5 days Following the entry into force of this reform, the rules that guarantee compliance with the obligations established in this modification.
Additionally, it prohibits digital platform companies from:
- Charging workers for registration, use, separation or concepts related to the employment scheme
- Underage labor
- Withholding money from workers
- The manipulation of the income of platform workers that prevents their classification as subordinate workers of digital platforms
