Tripartite Contract in the Subcontracting Regime, an Alternative Against De-Laboration

Abstract

The positioning of subcontracting within labor law and the lack of a specific conceptualization of it, constitute, in our view, two essential errors that cause endless misinterpretations by all actors and especially by the administrators of justice, at the moment in which they try to elucidate any question or problem related to the issue under study. In Mexican labor law, there is no obligation for the supplier and the contractor to participate in a relationship with the workers, who will ultimately be the ones to carry out the productive activity. Therefore, we consider that, as this legal figure (subcontracting) is integrated into labor law, suppliers and contractors should have the obligation to participate together in the process of hiring each worker, so that from the beginning, the rights and obligations are defined for each of the three parties in the contract.