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Article 29 Bis Of The INFONAVIT Law Regarding 'Outsourcing'

Author:Santamarina Y Steta SC
Profession:Santamarina Y Steta SC

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...

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