Mexico will change the law to recognize Uber and DiDi drivers as employees
Because the number of people who are dedicated to providing their services in any of the transport platforms, such as Uber or DiDi, is increasing, an initiative was presented in the Senate of the Republic of Mexico that seeks to guarantee their labor rights.
Senator Juan Manuel Focil Pérez proposed incorporating the figure of digital platform workers into the Federal Labor Law, with the aim of offering certainty to those who carry out activities of transporting people or goods.
The initiative consists of adding a chapter VIII, on Digital Platforms to the sixth title relative to Special Jobs of the Federal Labor Law.
“Innovation does not always go within the parameters of legality, the rise of these digital platforms that promote this economic model plays with the limits of the law, they can even be found outside of it.”
During the presentation of this initiative it was pointed out that the workers of these platforms must have the basic protections contemplated both in Mexican law and in different international instruments.
The initiative was presented to the United Commissions for Labor and Social Welfare and Second Legislative Studies, for their opinion.
If this modification is approved, the text would read as follows:
Article 353-V. The relationship that arises between a company whose main activity is the provision of transport services for people or goods through digital platforms and a natural person will be governed by the provisions contained in this law, except in cases where the existence is not proven. of a subordinate relationship. For this purpose, the labor authority must issue the corresponding resolution.
Article 353-W. Workers are considered to be all those persons who carry out the activity of providing the transport service of people or goods through the use of a digital platform, under the direction and control of a company.
Article 353-X.- They constitute elements for the determination of the existence of a subordination relationship, the direction and control for the performance of the activity of provision of the transport service of people or goods, regardless of the degree of its manifestation, as well like the insertion of the worker in the organization of the company.
Article 353-Y.- The digital platform through which a natural person can carry out the provision of the transport service of people or goods constitutes a work tool.
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Mexico will change the law to recognize Uber and DiDi drivers as employees
