BASHAM NEWS

GENERAL PROVISIONS FOR CALCULATING THE NET INCOME OF WORKERS ON DIGITAL PLATFORMS ARE AMENDED

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December 26, 2025

Today was published in the Official Gazette of the Federation (Official Journal of the Federation) the “AGREEMENT amending the second and fifth provisions of the general provisions determining the procedures for calculating the net income of workers on digital platforms”, issued by the Ministry of Labor and Social Welfare, adjusting the composition of gross income and the percentages of exclusion factors for the use of technological tools, effective as of January 1, 2026.

The second provision is amended to define gross monthly income as the total monthly income that a worker generates from the sum of payments for tasks, services, works, or jobs performed, including bonuses, gratuities, incentives, and any other income, regardless of its name, without including payments for tips.

The amendment to Provision Five specifies the different exclusion percentages in the calculation of Gross Monthly Income, depending on the type of work tool used by the worker, according to the following categories:

CategoryWork toolMaximum exclusion factor for use of digital platform
AMotor vehicles with four or more wheels, powered by internal combustion, electric, or similar means.48%
BMotor vehicles with two wheels, powered by internal combustion, electric, or similar means.32%
CNon-motorized transport or no means of transport.3%

The amendments to the second and fifth provisions seek to provide fairer compensation that is better suited to the operational reality of digital platform workers.

The lawyers in the areas of social security and labor law are at your service to advise you.

SINCERELY

Gil Zenteno

zenteno@basham.com.mx

Jorge G. De Presno

jorgedepresno@basham.com.mx

David Puente Tostado

dpuente@basham.com.mx

Ana Sofia Lazcano

alazcano@basham.com.mx

Gabriela Méndez

gmendez@basham.com.mx

Jesús Carmona

jacarmona@basham.com.mx