Senators approve the reform that gives legal benefits to drivers of apps like Uber and Didi

The Senate Labor and Social Security Commission unanimously approved a reform that guarantees access to legal labor benefits for drivers and delivery people of applications such as Uber or Didi in Mexico. The ruling establishes a specific regime for people and companies that operate under this model. It will be sent to the Executive Branch for analysis and final approval.

The legislative initiative contemplates a series of modifications to the Federal Labor Law. These establish “the rights and obligations of workers, contracts, collective guarantees and cases of compensation; the right to profit sharing and sanctions for platform administrators when the rules that protect their workers are violated.”

The regulations stipulate that delivery workers and drivers who generate monthly income equivalent to a minimum wage They will have comprehensive coverage in terms of labor rights. Determine salaries per task, service or work performed. It decrees that employees will have the right to enjoy bonuses, days of rest and paid vacations.

Companies such as Uber, Didi or Rappi will assume the costs of registration to the Mandatory Social Security Regime. Liability is only effective during the time the individual is providing services. This period extends from the acceptance to the completion of a trip or order. In addition, drivers and delivery people who work more than 288 effective hours will be eligible to participate in profit sharing.

Employing entities will have to make payments for the services provided within a maximum period of one week, issue invoices and establish a record of hours worked and waiting times. They will be forced to create a new contract for services, different from the terms and conditions. This will be authorized and registered with the Federal Center for Conciliation and Labor Registration. The regulation establishes that digital services will be prohibited from:

• Require a charge from the people they employ for registration, use of their platform or separation.
• Employing minors.
• Retain income outside of legal concepts.
• Simulate or conceal labor relations through civil or commercial contracts.
• Subcontract personnel for the benefit of third parties.
• Manipulate workers’ income to avoid classification of labor subordination.

Organizations that do not meet the criteria will be eligible for economic fines ranging between 27,000 and 2.7 million pesos.

Uber and similar rates could rise

Lizeth Sánchez, senator of the Labor Party, affirms that the reform guarantees “the labor rights of workers, thereby recognizing that no one should be exploited in the name of technological innovation. “All Mexicans deserve to work in dignified and fair conditions.” For its part, the Distribudores Unidos de México collective has said that “this achievement represents another step in our fight to protect our freedom to generate income and the recognition of our needs as distributors.”

The apps of travel and delivery They have spoken out in favor of the new reform, although with certain reservations. Nicolás Sánchez, director of Public Affairs at Uber, has expressed that “we agree with the spirit of the rule. However, the project being evaluated needs improvements, since it is based on the principle of subordination. Delivery workers and drivers prefer to maintain their flexibility and autonomy.” Uber warns that, if the reform is approved, its rates and those of its counterparts could increase between 40 and 50%.

The organization Fairwork México warned last year that people who work in these applications are exposed to long hours without security guarantees with a monthly payment that does not reach the living wage in the country. The Ministry of Labor and Social Welfare estimates that around 658,000 delivery workers and drivers will benefit from the reform.