How to Hire and Fire - A Global Guide
On July 31st 2021 an amendment decree was published in the Official Gazette of the Federation (“DOF”) in terms of which several transitory articles derived from the reforms to (i) the Federal Labor Law, (ii) the Social Security Law, (iii) the Law of the Institute of the National Fund for Employees’ Housing, (iv) the Fiscal Code of the Federation, (v) the Income Tax Law, (vi) the Value Added Tax Law, among others, were modified and published in the DOF on April 23rd, 2021. These were published to grant an extraordinary extension for employers to carry out all required procedures to comply with provisions arising out of the new subcontracting regime.
The extraordinary extension was granted until September 1st, 2021 with the aim that during this period:
(i) the tax effects in terms of the aforementioned reform will not be lost (that is, the impossibility of deducting the Income Tax and crediting the Value Added Tax);
(ii) An asset transfer subject to the exploitation of the business will not be required to carry out an employer substitution process between the substituted employer and the substitute employer upon a transfer of employees;
(iii) Registration of individuals or legal entities may be carried out before the Registry of Providers of Specialized Services or Specialized Tasks from the Ministry of Labor and Social Welfare without penalty; and
(iv) Providers of specialized services or specialized tasks will have until the end of the extraordinary extension period to provide Social Security authorities the information from services agreements entered into between said provider of services or tasks and the beneficiary of such services.of services or tasks and the beneficiary of such services.
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About Gonzalez Calvillo
For over 30 years, Gonzalez Calvillo has been at the forefront of the legal market in Mexico as a full-service leading law firm due to its transactional core and expertise in a wide range of practice areas. The firm is recognized for its ability to build cross-disciplinary teams for the most complex legal challenges and long track record of successfully providing groundbreaking business and regulatory advice to high profile domestic and international companies. Often described as a pioneer of the Mexican legal services industry, the firm is known for its commitment to do things differently, bespoke solutions, and creating transformational legal changes that enable clients achieving their objectives.
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