Reform to the Federal Labor Law on Digital Platforms

By Tania Ávila and Julio Silva

On December 24, 2024, the Decree adding various provisions to the Federal Labor Law regarding digital platforms (the “Reform”) was published in the Official Gazette of the Federation (“DOF”).

The Reform defines work on digital platforms, establishes the mechanisms used under this system, and details the nature of the employment relationship, providing for the rights and obligations of both employers and employees.

The Reform includes provisions regarding the following:

• Rights and obligations of employees.
• Requirements and registration of individual employment contracts, collective rights, and compensation cases.
• Profit sharing and special sanctions for digital platforms that violate labor standards.
• Salaries per task, service, project, or work performed.
• Rest days, vacations, vacation bonuses, and Christmas bonuses.
• Recording of hours worked and issuing of pay slips.
• Registration in the Mandatory Social Security System, guaranteeing access to social security and housing loans.

In addition, employers are prohibited from:

• Charging workers for registration, use, or separation fees related to the employment relationship.
• Employing minors.
• Withholding money from workers outside of the terms permitted by law.
• Concealing or simulating the employment relationship through civil, commercial, or similar contracts.
• Manipulating workers’ income to avoid recognizing them as subordinate workers.
• Flexible hours are also regulated to allow workers to work with one or more digital platforms.
• Special provisions are established regarding occupational health and safety.

Additionally, specific economic sanctions are established, which may range from 1,000 to 25,000 Units of Measurement and Update (“UMA”) ($108,570 MXN and $2,714,250 MXN) for employers who fail to register contracts or who fail to inform workers about changes to the algorithms used to assign their tasks.

This reform will take effect within 180 days of its publication in the DOF, i.e., on June 23, 2025.

We remain at your service if you have any questions or comments.

Labor and Social Security Area of ECIJA Mexico

socios.mexico@ecija.com

(+52 55) 56 62 68 40

www.ecija.com