App-based couriers in Mexico are now classified as employees under an amendment to the Federal Labor Law published on December 24, 2024, in the Official Gazette of the Federation (Diario Oficial de la Federación). The reform introduces a new regulatory system that protects couriers and the industries involved in digital platforms and aims to provide them with legal certainty.

Quick Hits

• A new Mexican law states that app-based couriers that meet certain requirements established under this law will be considered employees of digital platforms when they provide their services through the apps.
• The law also provides that only workers who generate at least a daily minimum wage per month will be entitled to social security and benefits.
• Digital platforms acting as employers must determine in writing the working conditions and must meet the general requirements that the Federal Labor Law establishes for an individual employment agreement.

The amendment defines “digital platform work” as “the subordinate employment relationship for the performance of remunerated activities that require the physical presence of the employee for the provision of the service, and which are managed by an individual or legal entity in favor of third parties through a digital platform.”

Requirements for App-Based Couriers to Be Considered Employees

The amendment provides that all couriers will be considered employees of digital platforms when they provide their services through the apps, but only...

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