On June 4th, 2015, the resolution incorporating Article 29 Bis to the Law for the National Housing Fund Institute for Workers (“INFONAVIT” for its acronym in Spanish) was published in the Federal Official Gazette (“DOF” for its acronym in Spanish).
In the same way as it occurred with the Social Security Law and the Federal Labor Law some years ago, the INFONAVIT Law now includes provisions regarding the outsourcing regime.
Article 29 Bis establishes two important legal assumptions, which are:
- Labor intermediation, in which the intermediary and the employer beneficiary of the services will be jointly liable among them and in connection with the employees, with regards to the fulfillment of the obligations established in the INFONAVIT Law.
- Outsourcing regime, in which the beneficiary of the outsourced services will assume the obligations established in the INFONAVIT Law whenever the contractor fails to comply with the requirements established in Articles 15-A and 15-B of the Federal Labor Law, as long as the INFONAVIT had previously required the contractor and the latter had not attended such requirement.
Likewise, Article 29 Bis establishes that both the contracting party and the contractor are obliged to report to the INFONAVIT, on a quarterly basis, the agreements entered into during said period, indicating general information of the parties, including the Federal Taxpayer ID Number and the Employer Registry Number, as well as the subject matter and the term of the agreement, the number and category of the workers assigned to the beneficiary of the services and the justification of the specialized services.
This resolution became effective on the next day following its publication in the DOF.