Publication of the Inspection Protocol on Subcontracting – STPS

On November 24, 2025, the Ministry of Labor and Social Welfare published the Inspection Protocol on Subcontracting, outlining the guidelines, criteria, procedures, and scope that will be applied to verify compliance with obligations related to specialized services for companies.

The Protocol aims to describe the procedures and indicators that labor inspections must implement to monitor compliance with labor regulations concerning subcontracting through documentation, interviews, and physical verification.

Among the most important points included in the Protocol are:

• A description of the types of oversight actions that labor authorities may undertake.
• Strategic information exchange with other institutions such as the SAT, IMSS, and INFONAVIT to strengthen auditing capabilities.
• A methodology for identifying non-compliance, based on the analysis and cross-referencing of data from various institutional sources, which will enable more focused, efficient, and evidence-based inspections.

Based on the provisions established in the Protocol, it becomes essential for companies to maintain a preventive and orderly management of all operations related to specialized services. Key points to consider include:

Documentation and Formal Obligations

• REPSE Registration.
• Contracts for specialized services that include:
  • Data of the beneficiary company.
  • Address where the workers are employed.
  • Approximate number of assigned workers.
  • Duration and purpose of the contract.
  • Signatures of the parties involved.
    
• Compliance acknowledgments:

     o  Latest acknowledgments from the Informative Declaration of Specialized Services or Works (ICSOE).
     o  Latest acknowledgments from the Subcontracting Information System (SISUB).

• Labor and social security documentation, such as:
       o   Determination sheet (SUA).
       o   List of workers.
       o   Payroll receipts from the last month..
       o   Individual employment contracts.

In the operational and compliance verification, the authority will have the power to:

• Confirm that the activities performed correspond to the authorized specialized purpose and do not conflict with the primary activity of the beneficiary.
• Ensure that the contractor's personnel are clearly identified and distinguished from internal staff (badges, codes, uniforms).
• Review that the number of workers matches what is stipulated in the contract.
• Verify the existence of training related to the specialized functions being provided.

The Protocol also allows the authority to interview personnel to validate the nature of the service and their employment relationship. Some questions that may be asked include:

• Activities performed.
• Salary and payment method.
• Company responsible for payment.
• Whether they have signed contracts with other companies within the same employment relationship.
• Courses or training received and their location.
• Whether they receive profit sharing.
• Working hours.

The Inspection Protocol on Subcontracting represents an important step towards more rigorous, modern, and justice-oriented oversight. Considering this new framework, companies providing or receiving specialized services must evaluate their processes, documentation, and operations to ensure full compliance, as well as consider preventive labor measures that will allow them to confidently face any inspection actions.

For specific questions, please contact the following professionals:

Legal – Labor