The joint work between companies, workers, and authorities will be key to building a fair and equitable labor framework in the digital platform sector. The labor reform in Mexico establishes clear criteria for defining the labor relationship in this area, where the labor relationship can be terminated if the worker stops providing services for 30 consecutive calendar days or incurs in repeated non-compliance with tasks or instructions.
Digital platform workers will enjoy all labor rights, including collective rights, social security, and participation in profits, as long as they have worked at least 288 hours a year for the same employer. The workday is characterized by being primarily flexible and discontinuous, where the worker defines their own hours and connects and disconnects at their discretion. Within 5 days of its entry into force, IMSS and INFONAVIT will issue rules for affiliation and compliance with obligations through a pilot test.
Those who perform activities that require physical presence, managed through a digital platform with information and communication technologies, where command and supervision are exercised, are considered workers. The labor reform in Mexico, published on December 24, 2024, marks a milestone in the protection of labor rights for digital platform workers. Despite representing a significant advance, challenges still exist.
It is important to mention that a person who does not generate income equivalent to a monthly minimum wage of the Federal District is not considered a worker. The wage will be set by task, service, work, or job performed, and will include proportional payment for vacations, vacation bonus, rest days, holidays, Christmas bonus, and overtime. The law will come into effect 180 days after its publication in the Official Gazette of the Federation.
In Mexico, with over 94 million internet users and 15 million who purchase services online, it is essential to ensure compliance with the law and adapt the legislation to technological changes. Despite the challenges presented by its implementation and adaptation to technological changes, this legislation lays the groundwork for a fairer and more equitable labor future in the digital age.
