Abstract

SILVA MENDEZ, Jorge Luis. Is it possible to regulate the provision of services under non-labor law contracts?. Cuest. Const. [online]. 2011, n.24, pp.91-107. ISSN 1405-9193.

When an individual provides services to another one, a labor relationship occurs, which creates that the latter one, the employer, has to fulfill several obligations that may represent a high cost. Although it is possible to avoid the fulfillment of these obligations by hiring the individual under a civil or a commercial contract, this is quite complicated due to the expansive nature of the subordination principle (principio de subordinacion), a key element of the Mexican labor law. Based on the Federal Labor Law, the jurisprudence and the legal studies, this paper analyzes whether the provision of services governed under non-labor law regulations is legally possible. At the end, I propose a rule to decide whether or not the provision of services under non-labor law regulations is legal.

Keywords : Labor; employment law; provision of services; labor relationship; subordination.

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