On Dec. 24, 2024, a reform to Mexico’s Federal Labor Law that regulates work in digital platforms was published in the Federal Official Gazette. This reform recognizes individuals who provide services through such platforms as employees to ensure their employment rights and access to the social security system.

A digital platform employee will be understood as an individual who provides personal, remunerated, and subordinated services through a digital platform and who earns a net monthly income from their work equivalent to at least one minimum (monthly) wage in force in Mexico City (Mex$8,364.00/US$418.20 per month by 2025), regardless of the time effectively worked.

Individuals who earn less than one minimum (monthly) wage will be considered independent employees. Companies that operate digital platforms must register independent employees before the Mexican Social Security Institute (IMSS) to guarantee their coverage in case of occupational risks during the time effectively worked.

Key Provisions

The key provisions of the reform include:

• Employers must consider the time an employee effectively worked as working hours; this would include all the time worked between when the employee accepts a task and when it is completed or finalized.
• The salary per task or service performed must be paid on a weekly basis and include the prorated amounts that correspond to mandatory benefits such as rest days, vacations, vacation premiums, Christmas bonuses, and overtime.
• Tips are to...

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