Recently, the Secretary of Labor and Social Welfare "STyPS", through the Head of the Dignified Work Unit Dr.. Alejandro Salafranca Vazquez, has expressed the authority's criteria regarding the obligation to register in the Registry of Specialized Service Providers or Specialized Works "REPSE", The doctor. Salafranca has been participating in various forums organized by the Employers' Confederation, Chambers and Associations of businessmen and specialists in labor and tax matters, in which he has poured the criteria of the authority.
Interpretation of authority
Derived from the many confusion that the issue of the Registry before the REPSE has generated, We consider it important to retransmit you the essentials regarding the comments expressed by Dr.. Salafranca Vazquez. For which we will express it in the form of questions and answers for its better transmission.
Who is required to register in the REPSE?
Companies that make their own workers available for the benefit of the client.
What is meant by making available?
By making available it should not be understood that workers are subject to orders or hierarchy of the client, but rather that the worker is within the client's facilities when providing the service.
What if the client's orders are low?
In this case, it would be considered as subcontracting of personnel and as of April 2021 is prohibited.
What if workers do not provide services at the customer's premises?
In case a provider provides services, for which it uses staff, and such services are not performed at your client's facilities, in this case they should not register with the REPSE.
What if the on-premises service is provided for a short period of time?
He expressed that the Law does not establish a period of time for the provision of services, so it does not depend on how long the person takes, so it recommends that you register with the REPSE and take no risks.
What should be understood by the term "for the benefit of another"?
He explained that it must be understood in all cases in which workers are within the company's facilities, since they are providing a service for the benefit of their employer (for the development of the contract concluded) but also of the contracting party of the services, since it benefits from the results of the contracted services.
How should it be considered when the supplier's worker only enters the facilities to deliver or collect some good or merchandise?
He explained that when the worker of a supplier enters his client's facilities, to deliver or collect any good or merchandise, in this case, it should not be considered for registration with the REPSE.
What about social objects?
He explained that it is very important to review them so that the services or specialized works to be provided are not part of the corporate purpose or the predominant activity of the client., because it would be forbidden.
Where can you contact us?
We are at your service to advise you on this important issue, or to carry out this procedure on your behalf