Subcontracting Impact and Strategy 2026
The STPS Unveils Its New Tool to Hunt Illegal Subcontracting. If your company uses specialized services (REPSE) or provides them, this information is critical.
Introduction: Why the Urgency and the New Protocol?
On November 24, 2025, the Ministry of Labor and Social Welfare (STPS), through the Decent Work Unit (UTD), published the new Subcontracting Inspection Protocol, a technical instrument aimed at reinforcing the monitoring of compliance with labor legislation nationwide. This protocol is the roadmap that federal inspectors will use to systematically review Contractors and Beneficiaries of specialized services. Its main objective is to monitor compliance with labor regulations regarding subcontracting in all workplaces. The protocol integrates key technical elements, such as the description of surveillance actions, the exchange of information between authorities (including SAT, IMSS, and Infonavit) 6and a methodology based on data analysis and cross-referencing that allows identifying possible non-compliance with greater precision.
Risks that the STPS Will Hunt
The Protocol is clear in defining the schemes that will be penalized, seeking to combat illegal schemes and the affecting of workers' rights. If you are a Beneficiary (contracting services) or a Contractor (providing them), you must ensure you do not fall into these 4 categories:
Risk 1: Prohibited Subcontracting (The Greatest Danger!). Providing specialized services in activities that are part of the corporate purpose or the main economic activity of the beneficiary company. The Inspector's Proof: The inspector will look for whether the activity provided by the contractor corresponds to the main activity or the corporate purpose of the beneficiary. If there is a cross-reference, the risk is imminent and a prohibition is established.
Risk 2: Irregular Subcontracting (Lack of REPSE). Providing specialized services or specialized works that are permitted (are not part of the corporate purpose), but without having the valid registration in the Public Registry of Contractors (REPSE). The Inspector's Proof: Review of the validity of the Registration Notice in the Public Registry of Providers of Specialized Services or Specialized Works.
Risk 3: Simulated Subcontracting. A scheme that is apparently legal, but in practice, the workers made available perform activities that are part of the corporate purpose or the main economic activity of the beneficiary company. The Inspector's Proof: Interviews and interrogations of workers. The inspector will ask: Who gives you instructions for your work? and What activity(ies) do you perform?
Risk 4: Violations of General Working Conditions (CGT)24. The contractor fails to comply with basic obligations: access to social security, social security contributions and payment of wages. The Inspector's Proof: Request for acknowledgments of receipt from ICSOE and SISUB, IMSS quota determination certificate (SUA), Individual Employment Contracts, and Payment Receipts.
How to Shield Yourself?
Inspectors will use the information provided by the IMSS, SAT, and INFONAVIT to expand the risk analysis. The defense begins with strict documentary and operational alignment:
Corporate Purpose Alignment: Ensure that the purpose of the subcontracting contract is complementary and never the same as your corporate purpose or main economic activity.
Worker Identification: Subcontracted personnel must be visibly identified with the image, name, badge, or identity code of their Contractor to differentiate them from the Beneficiary's personnel.
Personnel Training: Instruct personnel on key questions (Activity, Who pays, Who instructs). Remember that a sampling criterion will be applied for interviews (up to 100% for fewer than 50 workers).
The STPS 2025 Protocol marks a before and after in labor vigilance. Do not wait for the inspection order. Our legal and labor team is ready to conduct a preventive audit and train your personnel to successfully face any diligence. Contact us today and avoid the cancellation of your registration and fines over 250,000 USD.