Mexico Implements Digital Platform Workers’ Rights Law… Moving Toward Global Standards

Mexico Joins the Ranks of Countries Legally Protecting Digital Platform Workers’ Rights

Following California, New York, the European Union, and South Korea, Mexico has now enacted legislation to legally guarantee the rights of digital platform workers.

Background
Digital platforms such as Uber and Didi have become a crucial part of Mexico’s economy since the COVID-19 pandemic, with rapidly increasing reliance on these platforms for delivery services, ride-hailing, and other sectors.

According to the Mexican Ministry of Labor and Social Welfare, as of October 2024, approximately 660,000 workers were providing services via digital platforms. However, most of these workers were excluded from social security systems, leaving them economically vulnerable and without legal protections. The lack of coverage in cases of accidents or illness highlighted the need for comprehensive labor protections and regulatory frameworks.

In response, the Mexican government studied examples from Spain, France, the United Kingdom, and other countries that have introduced digital platform worker protection laws. As a result, on December 24, 2024, an amendment to the Federal Labor Law was published in the Diario Oficial de la Federación (DOF) to include regulations protecting digital platform workers’ rights.

Definition of Digital Platform Workers

The law defines a digital platform as a mechanism, application, system, or device that assigns tasks, services, or work to third parties. Workers who provide personal, paid, and dependent services through these platforms are classified as platform workers.

Platform work is defined as providing physical services via a specific platform in exchange for remuneration, with the platform exercising control and supervision over the worker. Users, customers, or task recipients are not considered the employer of the platform worker.

• Key Provisions
• Working Hours
• Platform workers have the right to freely determine their working hours; platforms cannot restrict or interfere.
• Compensation
• Payment is made per task, service, or assignment and is considered to include weekly, vacation, holiday bonuses, or year-end bonuses; these are not paid separately. Tips are excluded from social security calculations.
• Rights and Employer Obligations
• Workers who provide more than 288 hours annually are entitled to participate in the Profit Sharing System (PTU) based on actual hours worked.
• Platforms cannot charge workers for registration, platform use, or contract termination, and child labor and wage deductions are prohibited.
• Gender Perspective Obligations

Platforms must apply a gender perspective to protect workers against discrimination, sexual harassment, workplace violence, and bullying, while ensuring a balance between personal and family life.

Digital Platform Duties (Art. 291-K)

Digital platforms must:

• Pay workers weekly without delays.
• Record working hours and issue receipts showing weekly hours and earnings.
• Provide secure systems to protect worker data and ensure access and modification rights.
• Register workers with social security and pay related contributions.
• Offer training and technical support for efficient platform use.
• Ensure compliance with health and safety regulations.
• Maintain a dedicated mechanism to resolve worker complaints.
• Implementation and Social Security

The Mexican Social Security Institute (IMSS) will implement pilot programs to provide mandatory insurance coverage for platform workers.

Enrollment in social security ensures protection against accidents and illness during work periods.

Global Comparisons

Spain (2021 “Rider Law”) recognizes platform workers as employees and requires social security contributions.
France established institutional mechanisms to protect safety and health.
The United Kingdom clarified employer responsibilities within a legal framework
Significance and Outlook

This law positions Mexico as a leader in adapting labor rights to the digital economy. By recognizing platform workers as dependent rather than purely independent contractors, the law ensures rights protection and social security coverage.

President Claudia Sheinbaum emphasized:
“This law responds to the challenges of the digital economy, protecting workers’ rights while clarifying corporate responsibilities—a crucial turning point.”

The legislation demonstrates Mexico’s commitment to balancing economic innovation with social responsibility, aligning the country with global labor standards in the digital economy.