Many companies verified the registration of their specialized service providers when they hired them and never checked it again. The registration, however, has a fixed term and can be lost, and what counts is that the provider holds a valid registration on the day it renders the service.
What the law requires
Under Articles 12 and 13 of the Federal Labor Law (Ley Federal del Trabajo), the subcontracting of personnel is prohibited; only the subcontracting of specialized services or works that are not part of the client’s corporate purpose or predominant economic activity is permitted, provided the contractor is registered. Registration with the Ministry of Labor and Social Welfare (STPS) requires proof that the contractor is current on its tax and social security obligations, must be renewed every three years, and may be denied or canceled by the Ministry at any time for anyone who fails to meet the requirements (Article 15). The application must be resolved within twenty days; if there is no response, the applicant may require the authority to act and, if no notice is served within three days, the registration is deemed granted.
Within a corporate group, complementary or shared services between companies of the same group are also considered specialized, provided they are not part of the corporate purpose or the predominant activity of the company receiving them (Article 13). In that case the provider also needs the registration, and its expiration affects every company in the group that receives the service.
What to do and by when
- If you are the provider, schedule the renewal well ahead of the three-year mark and stay current on your tax and social security obligations.
- If you are the client, verify each provider’s valid registration in the public registry before every payment, not only at the time of hiring.
- Include in your contracts the provider’s obligation to report immediately any cancellation or denial of renewal, and your right to terminate without liability.
- Keep dated evidence of each check of the registry.
- If your company provides services within its own group, include those relationships in the same validity control.
Recommendations to mitigate risk
Providing services without registration, and benefiting from them, is punishable by a fine of 2,000 to 50,000 Units of Measurement and Update, or UMA (MXN 234,620 to MXN 5,865,500), for both the provider and the client (Article 1004-C). Under Article 15-D of the Federal Tax Code (Código Fiscal de la Federación), payments for services from an unregistered contractor are not deductible, and the value added tax on them cannot be credited. In addition, under Article 14 of the Federal Labor Law and Article 15 A of the Social Security Law (Ley del Seguro Social), the client is jointly and severally liable to the workers used when the contractor fails to meet its labor and social security obligations.
How we approach it at LEXURE
We review your specialized services contracts, set up periodic checks of the registry, and manage the renewal when your company is the provider.
If you do not know when your specialized providers’ registrations expire, schedule a diagnostic meeting with us.
Legal basis
- Federal Labor Law, Articles 12, 13, 14, 15, and 1004-C. Current text (opens in a new tab)
- Federal Tax Code, Article 15-D. Current text (opens in a new tab)
- Social Security Law, Article 15 A. Current text (opens in a new tab)
- 2026 value of the Unit of Measurement and Update, National Institute of Statistics and Geography (INEGI). Official publication (opens in a new tab)
This note is for information only and describes the law in force on the verification date. It is not legal advice on a specific matter. It is a translation of the Spanish original: Mexican law is published in Spanish, and the official Spanish texts prevail.