Regulation of Work for the Delivery Sector in Mexico
The regulation of work for the delivery sector in Mexico is making progress, with several projects in the pipeline.
In the Senate, there are at least seven projects aimed at regulating work in the delivery sector in Mexico.
Judicial rulings and reforms in other economies serve as strong precedents for Mexico to advance in recognizing the labor rights of gig workers, as stated by the Belisario Domínguez Institute.
“There are sufficient precedents for Mexico to establish legally, at the federal level, the classification of digital platforms as companies and the employment status of those working through them,” the Belisario Domínguez Institute (IBD) of the Senate expressed.
Objectives of the regulation of work for the delivery sector in Mexico include:
In the Senate, there are at least seven initiatives in the Labor and Social Welfare Committee aimed at regulating work in the delivery sector in Mexico.
Employees working through mobility and delivery apps are vulnerable to labor exploitation, according to the IBD.
The conditions that characterize gig work through apps include:
- Lack of an employment contract; only terms and conditions are agreed upon.
- Exclusion of benefits such as social security, vacation, or year-end bonuses.
- Insufficient available work, leading to underemployment or the need to work longer hours for better income.
- Health risks due to long working hours.
- Payment of fees to access tasks or platform services, reducing individuals’ income.
- Loss of income due to the cancellation of requested services or rejection of completed tasks, with no recourse for complaint.
- Uncertainty regarding the criteria used by algorithms to assign tasks and services.
- Restrictions on exercising freedom of association and labor union rights.
- Discrimination, harassment, and exclusion from service assignments based on gender, disability, ethnicity, clothing, or other personal characteristics.
According to the research, in other parts of the world, the demand for improved labor conditions for gig workers has led to legal battles to determine the existence of an employment relationship, resulting in regulatory changes in some countries.
However, all of these actions have been contested by the companies controlling the digital platforms, and in some cases, the litigation continues.
One of the most notable cases in Latin America regarding the regulation of work in the delivery sector occurred in Chile, where in 2022, the country amended its Labor Code to recognize an employment relationship based on certain criteria.
The Mexican Social Security Institute (IMSS) estimates that there are around 500,000 people in Mexico earning income through digital platforms.
However, the IBD emphasizes that the exact number of delivery drivers and app-based workers is difficult to estimate accurately.
The goal of regulating work in the delivery sector in Mexico is to extend social security to all workers and require platforms to cover the costs of accident insurance for self-employed workers.
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