Reform on Digital Platform Work

On December 24, 2024, the Decree amending various provisions of the Federal Labor Law regarding Digital Platforms was published.

Below are some key points of this reform:

• A special chapter is created in the law for workers who provide services with physical presence for third parties through a digital platform, managed by an employer and under their supervision, using information and communication technologies.

• It is established that individuals providing services through a digital platform will be considered “employees” if they generate net monthly income equivalent to at least one monthly minimum wage in Mexico City, regardless of the actual time worked.

• A parallel legal category is created, called “independent workers”, referring to individuals who, by the end of the month, do not meet the aforementioned income threshold. However, certain rights are extended to them, including social security coverage in cases of work-related risks.

• Digital platform work is defined as “flexible” and “discontinuous,” with an employment relationship existing only during the “actual time worked”, defined as the period between accepting a task and the moment the task is fully completed.

• The work schedule will be defined by the worker, who has complete freedom to connect and disconnect from the platform at any time.

• Wages will be determined per task and will legally include proportional payments for weekly rest days, vacation days, vacation bonuses, year-end bonuses, and overtime.

• This Decree will come into effect 180 days after its publication.

• The Mexican Social Security Institute will have 180 days from this publication to present an initiative ensuring the social security rights of these workers.

Undoubtedly, this reform represents a turning point in Mexican labor law, introducing new concepts and breaking paradigms in this legal field.

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