Mexico's regime for digital platform work is already part of the Federal Labor Law and in 2026 it requires more than adapting terms of use. Companies must correctly classify the relationship, document payments, explain algorithmic management and coordinate social security in accordance with the applicable operating rules. Income and time actually worked affect several consequences, so the control must be monthly and traceable. This is informational material and does not constitute legal advice.
Who falls within the regime
The special chapter covers subordinate work that requires physical presence to provide services managed through a digital platform. The person who administers the platform is the employer; the final user or consumer does not acquire that status. The law distinguishes on a monthly basis those who reach at least the net income equivalent to one monthly minimum wage of Mexico City, and contemplates a particular treatment for those who fall below. It also defines effective time from the acceptance of a task to its conclusion and recognizes freedom to connect and disconnect. Because income, activity and status can vary, the company needs a monthly reconciliation that preserves calculations, tasks, incidents and the basis for each classification.
Contracts, payments and social security
The contract must be separate from the app's terms, be available digitally and conform to the model registered with the Federal Center for Labor Conciliation and Registration. The payment per task must incorporate the applicable legal proportions, and the receipts must clearly break down concepts. The platform must record activity, times and waiting, pay with the established frequency and protect the workers' data. The IMSS and STPS reported in January 2026 that, even though the pilot test has ended, their rules continue to apply until new guidelines exist. The STPS also updated, as of January 1, the factors for calculating net income. The operation must be reviewed against those provisions and each period.
Algorithms and disconnections
The algorithmic management policy must clearly explain the factors that affect task assignment, income, incentives, categories and restrictions, as well as their changes. It is not enough to hide those rules within lengthy terms. Decisions that limit access or disconnect a person require legal grounds and human review mechanisms; the records must make it possible to reconstruct the version of the policy, the events and the intervention carried out. Complaint channels, training and safety and health measures compatible with the service are also needed. A joint audit of product, operations, human resources and legal helps detect whether the design rewards risky behavior or produces discriminatory treatment.
Key points
- The administering platform may hold the status of employer under the special chapter.
- The classification and several obligations require verifiable monthly calculations.
- The employment contract and the terms of use serve different functions.
- Algorithmic rules and certain disconnections must be explainable and reviewable.
What to review
- Map the operating model against the definitions and thresholds of the Federal Labor Law.
- Reconcile each month the tasks, effective time, net income, receipts and social security.
- Audit the algorithmic policy and test the disconnection review procedure.