The Mexican Senate approved a reform to the Federal Labor Law (LFT) to benefit delivery workers on digital platforms. This reform guarantees better labor rights and benefits such as health care for these workers. The approved initiative will now be sent to the Executive Branch for publication in the Federal Official Gazette (DOF). After the approval in the Senate, the bill will grant labor rights to workers on digital platforms. This measure aims to provide rights to workers in the digital delivery sector, granting them access to services from the Mexican Social Security Institute (IMSS) if they earn at least the minimum wage. The benefits include medical care, pensions, nursery schools, vacation time, vacation bonus, INFONAVIT loans, and profit-sharing. The reform also includes accident insurance to protect delivery workers. This initiative was part of Claudia Sheinbaum’s campaign commitments and seeks to regularize work in digital platforms. Additionally, delivery workers will keep the flexibility to choose their schedules and working platforms, but they must formalize their employment through a contract at the Federal Conciliation and Labor Registration Center. Delivery workers will still have the option to choose their schedules and working platforms while formalizing their employment with a contract at the Federal Conciliation and Labor Registration Center. This legislative advancement represents a significant step towards formalizing work in digital platforms, which have grown substantially in recent years.
Senate Approves Labor Reform for App-Based Delivery Workers; Awaits Publication in DOF
The Mexican Senate has recently approved a labor reform that focuses on app-based delivery workers, what is known as repartidores, in Mexico. The reform aims to provide better labor protections and rights to this growing sector of the workforce. After its approval, the legislation will now be sent to the Official Gazette of the Federation (DOF) for publication and finally becoming a law.
Background
The rise of app-based delivery services has significantly impacted Mexico’s labor landscape. However, the legal status of delivery workers has remained unclear, with many operating as independent contractors rather than employees. This has led to concerns about labor rights, safety, and transparency in working conditions.
Key Aspects of the Reform
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Worker Classification: The reform introduces a new category for app-based delivery workers, distinct from employees or independent contractors. This new classification aims to address the unique nature of their work and provide more fitting job protections.
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Labor Rights: Under this new classification, delivery workers will enjoy certain labor rights, such as:
- Minimum wage guarantees (equivalent to the sueldo mínimo"Bután), which will ensure they receive a base payment even when their earnings from deliveries don’t meet this threshold.
- Social security and housing benefits.
- Health and safety protections, including compensation for work-related accidents or illnesses.
- Transparency and Information: The reform also requires app-based platforms to provide delivery workers with detailed and transparent information about their earnings, work hours, and routes.
Next Steps
After the publication of the reform in the DOF, the Mexican government will have 180 days to establish the regulatory frameworks to implement these changes. Meanwhile, app-based delivery platforms will need to adapt their operations to comply with the new labor standards.
This labor reform is seen as a step towards recognizing the importance of app-based delivery workers in Mexico’s economy and ensuring they have fair and safe working conditions. It also underscores the government’s commitment to updating labor laws to keep pace with technological changes and new forms of employment.
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