On June 4th of this year the Decree adding article 29 Bis to the National Workers Housing Fund Institute (INFONAVIT) Law was published in the Official Federal Gazette.
The purpose of this reform is to increase the investigative authority of INFONAVIT in relation to the companies that use a subcontracting regime (outsourcing) and, principally, to delineate the responsibility between the contracting company and the outsourcing company.
The reform unifies the definition of subcontracting with the definition found in the Federal Labor Law and furthermore imposes a secondary obligation between the contracting company and the outsourcing company, as contemplated in the Social Security Law, establishing that when workers are contracted through a subcontracting regime, both (contracting company and outsourcing company) will be responsible for complying with the obligations indicated in the INFONAVIT Law. In other words, the beneficiary of the services (contracting company) will only be responsible for compliance with such obligations if the outsourcing company fails to comply with them, provided that INFONAVIT has requested compliance and the outsourcing company has not done so.
In addition, quarterly the contracting companies and outsourcing companies must communicate to the corresponding INFONAVIT collection delegation the contracts they have executed, specifying the following information:
Regarding the parties to the contract: Name, type of entity, corporate purpose, corporate domicile, tax domicile and, if applicable, contractual domicile,...