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Countries › Mexico › Guide › 7. Labor and employment › Platform work in Mexico: app drivers and couriers as employees when they earn a monthly minimum wage, contracts, algorithm transparency, IMSS coverage and fines

Platform work in Mexico: app drivers and couriers as employees when they earn a monthly minimum wage, contracts, algorithm transparency, IMSS coverage and fines

Last verified: 2026-10-26 · Status: Changing

Since 22 June 2025, people who perform in person tasks assigned through a digital platform (drivers, couriers and similar) are employees of the platform for the time they actually work, if their net monthly earnings reach at least one Mexico City monthly minimum wage (MXN 9,582.47 in 2026); below that they are independent but keep most protections and work risk coverage. Platforms must sign a contract model registered with the CFCRL, publish an algorithmic management policy, pay weekly with detailed receipts, register workers with IMSS and contribute to INFONAVIT, and offer human review of deactivations; pay per task already includes rest day, vacation, aguinaldo and overtime. Fines run up to 25,000 UMA (MXN 2,932,750), and IMSS insurance runs under pilot rules published on 24 June 2025 that stay in force until a Social Security Law reform is approved.

USD conversions use MXN 18.5026 per US dollar, the US Federal Reserve H.10 noon buying rate in New York for 16 October 2026 (FRED series DEXMXUS), the latest observation available when this page was verified. Conversions are for orientation only.

Key facts

Net monthly income at which a platform worker is an employeeOne Mexico City monthly minimum wage (about 9,582.47 in 2026) MXN per monthLFT art. 291-C, as of 2026-10-26 · in force
Days of inactivity after which the relationship ends30 calendar daysLFT art. 291-C, as of 2026-10-26 · in force
Annual effective hours above which platform workers share in profits288 hoursLFT art. 127, section IX, as of 2026-10-26 · in force
Maximum time to pay platform workers7 daysLFT art. 291-K, section I, as of 2026-10-26 · in force
Maximum fine on platforms25000 UMALFT art. 997-B, as of 2026-10-26 · in force
Platform work chapter in force since2025-06-22 dateDecree DOF 24 December 2024, transitional art. Primero, as of 2026-10-26 · in force

The rule

1. Who is a platform worker. Work on digital platforms is a subordinated employment relationship for remunerated activities that require the worker's physical presence and are managed by a person or company for third parties through a digital platform. A platform worker is one who provides such services and generates net monthly income of at least one monthly minimum wage of Mexico City, regardless of time worked; those who do not reach it in a month are independent workers, but during their effective working time they keep the chapter's rights except IMSS and INFONAVIT contributions, and the platform still pays insurance if a work risk occurs. If a worker has no activity for 30 consecutive days, the relationship ends automatically without liability. Users and customers are not employers.
Example: In 2026 the threshold is MXN 315.04 a day in Mexico City, about MXN 9,582.47 of net income a month. / About USD 518 a month at 18.5026.Decree adding Chapter IX Bis (work on digital platforms) to the LFT, DOF 24 December 2024, in force 22 June 2025; Ley Federal del Trabajo (LFT), DOF 1 April 1970 (Chamber of Deputies consolidated text, last reform DOF 14 May 2026), LFT arts. 291-A, 291-B and 291-C, 2024-12-24 official text · verified 2026-10-26 · changed: New Chapter IX Bis added by decree of DOF 24 December 2024, in force 180 days after publication (22 June 2025, per IMSS).
2. Working time and pay. Platform work is mainly flexible and discontinuous: the relationship exists during the time effectively worked, from accepting a task until it is completed, and workers decide when to connect and disconnect. Pay is set per task and already includes the proportional part of weekly rest, vacation, vacation premium, aguinaldo and overtime, with nothing extra due for those items; tips are excluded from the social security contribution base. The STPS issues general rules on calculating net income.Ley Federal del Trabajo (LFT), DOF 1 April 1970 (Chamber of Deputies consolidated text, last reform DOF 14 May 2026), Arts. 291-D, 291-E and 291-F, 2024-12-24 official text · verified 2026-10-26
3. Contract and algorithm policy. Platform work requires a contract separate from the platform's terms of service, which may be signed digitally, on a model authorized and registered by the CFCRL, containing the items of LFT art. 25 plus the income and time accounting system, equipment, the percentage or method of pay per task and bonuses, and contact and supervision mechanisms. Platforms must also publish an algorithmic management policy in plain language explaining the consequences of following or not following instructions, the effect of customer ratings, incentives and penalties, categories that affect task allocation and other decision criteria; it forms part of the contract and changes must be explained and accepted.Ley Federal del Trabajo (LFT), DOF 1 April 1970 (Chamber of Deputies consolidated text, last reform DOF 14 May 2026), Arts. 291-G, 291-H and 291-J, 2024-12-24 official text · verified 2026-10-26
4. Platform obligations. Platforms must pay for work within one week; record hours worked and waiting times; issue weekly receipts showing tasks, time worked, time available and withholdings; protect workers' data and their access, rectification, cancellation, opposition and portability rights; register workers with IMSS and determine, withhold and pay contributions; pay INFONAVIT contributions; train workers; inform on safety; set up complaint channels for harassment and violence; disclose the pay per task; and provide information to authorities. They may not charge workers for registration or use, hire minors, withhold money beyond the law, disguise employment as civil or commercial contracts, supply personnel to others, manipulate income to avoid employee status, or move traditional employees to platform schemes to reduce labor, tax or social security costs.Ley Federal del Trabajo (LFT), DOF 1 April 1970 (Chamber of Deputies consolidated text, last reform DOF 14 May 2026), Arts. 291-K, 291-S and 291-T, 2024-12-24 official text · verified 2026-10-26
5. Deactivation and termination. Platforms must offer review of decisions that affect or interrupt a worker's access, handled by staff with real authority and not by algorithms; any termination or restriction without a written notice, delivered immediately through the platform or otherwise, describing the conduct and accompanied by a detailed report of tasks, connection times and ratings, is void. Additional just causes for dismissal include false registration data. Platforms are not obliged to reinstate except for violations of collective rights; compensation is three months of salary plus 20 days per year of service counted on time effectively worked, computed on the average income of the last six months. Closing the platform for a justified cause with at least 15 days' notice ends the relationships. Platform workers share in profits if their effective working time exceeds 288 hours a year.
Example: A courier whose platform income averaged MXN 12,000 a month in the last six months is deactivated without a valid notice: the base compensation is three months, MXN 36,000, plus 20 days per year of effective time worked. / About USD 1,946 at 18.5026 for the three months.Ley Federal del Trabajo (LFT), DOF 1 April 1970 (Chamber of Deputies consolidated text, last reform DOF 14 May 2026), Arts. 49, section VI, 50, section IV, 127, section IX, 291-M, 291-N, 291-P and 291-Q, 2024-12-24 official text · verified 2026-10-26
6. Social security pilot. The IMSS Technical Council approved general rules for a mandatory pilot program to insure platform workers (agreement ACDO.AS2.HCT.270525/132.P.DIR, DOF 24 June 2025). The pilot ended on 31 December 2025; IMSS and the STPS stated on 2 January 2026 that IMSS will prepare a Social Security Law reform based on its results and that the rules of 24 June 2025 remain in force until then.Decree adding Chapter IX Bis (work on digital platforms) to the LFT, DOF 24 December 2024, in force 22 June 2025; IMSS Technical Council agreement ACDO.AS2.HCT.270525/132.P.DIR, DOF 24 June 2025, Decree transitional arts. Segundo and Tercero; IMSS and STPS joint bulletin 002/2026, 2025-06-24 official text · verified 2026-10-26 · changed: The pilot ended on 31 December 2025; on 2 January 2026 IMSS and the STPS stated that the rules of 24 June 2025 stay in force until a Social Security Law reform is approved.
7. Fines. Platforms that breach the protective rules are fined 2,000 to 25,000 UMA for not registering the contract model; 1,000 to 25,000 UMA for not issuing or not reporting changes to the algorithmic management policy; 250 to 5,000 UMA for breaching the obligations of LFT art. 291-K; and 500 to 25,000 UMA for not establishing the human review mechanisms of LFT art. 291-P.
Cost to do it: Up to MXN 2,932,750.00 per infringement at the 2026 UMA of MXN 117.31.
Example: Unregistered contract model: MXN 234,620.00 to MXN 2,932,750.00; missing algorithm policy: MXN 117,310.00 to MXN 2,932,750.00; art. 291-K breaches: MXN 29,327.50 to MXN 586,550.00. / About USD 12,680 to USD 158,505; USD 6,340 to USD 158,505; USD 1,585 to USD 31,701.Ley Federal del Trabajo (LFT), DOF 1 April 1970 (Chamber of Deputies consolidated text, last reform DOF 14 May 2026), Art. 997-B, 2024-12-24 official text · verified 2026-10-26
BreachUMAMXNUSD at 18.5026
Contract model not registered with the CFCRL2,000 to 25,000234,620.00 to 2,932,750.0012,680 to 158,505
No algorithmic management policy, or changes not reported1,000 to 25,000117,310.00 to 2,932,750.006,340 to 158,505
Breach of platform obligations (art. 291-K)250 to 5,00029,327.50 to 586,550.001,585 to 31,701
No human review mechanism (art. 291-P)500 to 25,00058,655.00 to 2,932,750.003,170 to 158,505

Fines on platforms (LFT art. 997-B) at the 2026 UMA of MXN 117.31.

Worked example

  • A delivery app operating in Monterrey has couriers with very different activity levels.
  • A courier who nets MXN 14,000 in a month (above the MXN 9,582.47 threshold) is an employee for the time effectively worked: the app registers the courier with IMSS under the pilot rules, withholds and pays contributions, and pays INFONAVIT.
  • A courier who nets MXN 5,000 that month is an independent worker for that month, but the app still covers work risks during the time worked.
  • Pay per delivery already includes the proportional rest day, vacation, premium, aguinaldo and overtime; the app pays weekly with receipts and explains its algorithm policy in the contract.

Step by step

  1. 1. Draft a platform work contract separate from the terms of service and register the model with the CFCRL (LFT art. 291-G).
  2. 2. Publish the algorithmic management policy and set up a process to explain and obtain acceptance of changes.
  3. 3. Build monthly net income tracking to classify each worker against the Mexico City minimum wage threshold.
  4. 4. Register qualifying workers with IMSS under the 24 June 2025 rules, pay contributions and INFONAVIT, and keep work risk coverage for all.
  5. 5. Staff a human review team for deactivations and send written, reasoned notices with the activity report.

Common traps

  • Algorithmic deactivations. A deactivation without a reasoned written notice and activity report is void (LFT art. 291-P).
  • Converting employees to app workers. Moving traditional employees to platform schemes to reduce costs is prohibited (LFT art. 291-T).
  • Charging workers. Platforms may not charge registration, usage or exit fees (LFT art. 291-S).
  • Pending social security reform. IMSS coverage currently rests on pilot rules extended until a Social Security Law reform; watch for new rules.

Sources

Related pages

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