Article 291-C Federal Labor Law

The digital platform employee shall be the one who renders personal, remunerated and subordinate services, under the command and supervision of a natural or legal person that offers services to third parties, through a digital platform, and generates monthly net income equivalent to at least one monthly minimum wage of Mexico City for their work, regardless of the time effectively worked.

The employees who render services through digital platforms shall be considered independent employees, if at the end of each month they do not manage to generate the mentioned income. However, in said period and during the time effectively worked, the rights stipulated in this chapter shall be extended to them, with the exception of the provisions of sections V relative to the withholding and remittance of social security contributions and VI of article 291-K. In all cases, the natural and legal persons that administer digital platforms shall be liable for the payment of the insurance in the social security regime when an occupational hazard occurs during the time of work effectively performed.

If the digital platform employee ceases to have activity for a consecutive period of 30 calendar days, the employment relationship shall be understood as automatically terminated, without liability or compensation (indemnity) on the part of the employer being proper. In the case in which said person again complies with the conditions to be a digital platform employee, it shall be understood as the beginning of a new employment relationship.

For the case of the calculation and integration of the wage, the provisions of article 291-F of this Law shall be observed.