IMSS Assist SMA

24/01/2024

There has been a new update/change with the IMSS system for domestic workers. They will have access to the Infonavit System for the first time in history!

Infonativ is a housing benefit that is included for all work forces through the Federal Labor Law. When someone is registered into IMSS, a Housing Sub-account is opened (or reactivated for those who have contributed through a previous job). Just like IMSS benefits, domestic workers were excluded from this benefit.

When the law changed in 2022, and domestic workers were given equal rights as other workers, IMSS benefits were added, but the system still did not include Infonativ. That has now been corrected and going forward, this will be a benefit that is included in the IMSS monthly payments we make. The Housing Sub-account fee is paid by the employer. For us, it amounts to a 5% obligation (5%) of monthly wages. The workers also have the option of making increased contributions of their own, which allows them to increase this saving benefit. This is completely their option and something they handle personally through the Infonativ system.

The money from that sub-account come in the form of no-to-low interest loans that can be used to:
Buy a home
Buy land
Build a home
Renovate or expand an existing home
Payoff a current mortgage

And if the worker does not use the Sub-account during her working life, he/she can apply for the return of the amount saved.

01/09/2023

What do we do?

IMSS Assist specializes in assisting employers comply with the Federal Labor Law to register their domestic workers into the IMSS system.

In order to do this, we collect some basic information about you the employer and we work with your domestic worker to gather their information so we have what’s required to register you both into the IMSS system.

If needed, we can assist the domestic worker in obtaining their NSS # if they don’t have one (similar to a US Social Security #), and our IMSS benefit specialist can help to explain to them about the new law, what benefits they’re entitled to, and to answer other general questions they may have.

We manually file the IMSS obligations each month, make the payments on your behalf, and provide 24/7 online access to all files and accounting.

We can also provide Labor Contracts, Termination Agreements and Liquidations, and Vacation/Aguinaldo Calculations.

Please email us at imss.assist.sma@gmal.com or respond to this message for more information

Who is entitled to IMSS and what does it provide?

Social security in Mexico is a right that every worker has. Contributions ensures that workers have access to health care, and it guarantees their income in case of occupational accidents, illnesses, maternity, disability, retirement, and survivor pensions and day care for children of insured workers. Additionally, contributions build a pension for the employee, so that once they become too old to continue working, they will have an income that will allow them to support themselves for the rest of their lives. The third part of IMSS contributions pays into INFONAVIT for which an employee builds credits. In time, employee may buy a house with a low-interest mortgage and the home may have a significant contribution paid by the government based on Social Security contributions.

FAQs
Below are Frequently Asked Questions directly from the IMSS site. You can click this link to be directed to the site https://www.imss.gob.mx/personas-trabajadoras-hogar/preguntas (if you use Chrome as your browser, it will automatically translate this page into your preferred language).

General Questions

Who are domestic workers?
Who are not considered domestic workers?
Is it mandatory to register with the IMSS for domestic workers?
Who must register with the IMSS of domestic workers?
With what salary should the domestic worker be registered?
Is there any cost to register the domestic worker with the IMSS?
When should household workers register with the IMSS?
How is a domestic worker registered with the IMSS?
How is the employer-employee quotas calculated?
With what periodicity must the process of registration and insurance of domestic workers be carried out?
When must payment of employer worker contributions be made?
The system generated more than one capture line for payment. Is this correct?
Can modifications be made to the information registered in the incorporation process?
Is the insurance for the domestic worker for the entire month?
If a person does not have a Social Security Number (SSN), how can they request one?
Payment Channels
Where can you find information on the regulation of the employment relationship between employers and domestic workers?
How can I regularize and/or correct my personal data before the IMSS?

FAQs for Domestic Workers:

What benefits do domestic workers obtain by being affiliated with the IMSS?
Who are the beneficiaries of the domestic worker?
How is a domestic worker discharged or registered at the clinic or Family Medicine Unit (UMF)?
What happens if I have 4 employers, but 2 of them do not want to pay the fee to be able to access social security?
If I work 8 days a month and I am only registered for the days that I work, do I have coverage for the entire month?
How can I know if I am current before the IMSS?
Where can I check how many weeks of contributions I have?
Where can I check who has registered with the IMSS and the salary with which I am registered?
How can I regularize and/or correct my personal data before the IMSS?
What happens if my employer registers me with a salary that is less than what I actually earn?
Where and how can I file a complaint?

FAQs for Employers:

What benefits do employers obtain by registering domestic workers with the IMSS?
Do I have to agree with the other employers when the person works in several households?
Are the fees paid by the employer tax deductible?
If the domestic worker does not work every day, should I register them?
If the domestic worker works less than 8 hours, can I enroll them in the IMSS?
I am an employer who already had the domestic worker voluntarily insured. Being mandatory, what should I do?
I am an employer who will register the domestic worker who works for me for the first time, how do I carry out the process of incorporating the person to the IMSS?
If I do not receive the payment format (capture line) by email, how can I obtain it?
If the employment relationship ends, what procedure must be carried out?
How is the process of deregistration before the IMSS of a domestic worker carried out?
What happens if I do not incorporate the person(s) who works for me into the IMSS?
If the domestic worker receives a medical leave issued by the IMSS, must I continue to pay their insurance to the Institute?
If the domestic worker stopped working for me and I incorporated her for a month, bimester, semester or year in advance, can I request a refund of the payment before the IMSS?

06/06/2023

Si eres personas trabajadores del hogar, independientemente de que trabajes para un patrón o para varios, tienes derecho a los beneficios del IMSS conforme a la Ley Federal del Trabajo. Este es tu derecho.

El trabajo del hogar es realizado por un sector vulnerable de la población, por ello el Instituto Mexicano del
Seguro Social (IMSS), está enfocado en ejercer las acciones necesarias para implementar un régimen especial a
efecto de garantizar el acceso a la seguridad social a las personas trabajadoras del hogar, a fin de que sean
afiliadas en igualdad de condiciones que el resto de las y los trabajadores de México.

06/06/2023

We alerted our clients a few weeks ago that we were seeing some major changes to the IMSS digital platform so we wanted to follow up on where things have settled and thought it may be good info for all. We also indicated we would create some educational material based on the new info put out by IMSS. We’ve done that and will also share with the group in a separate message.
IMSS updates:

Payment time-frames: IMSS added the ability to pay quarterly, biannually, or annually for employers with employees that work full time. For those with part time workers, monthly is still the only option. If you do have full-time staff – and are considering a longer payment time-frame, please note, IMSS will not refund prepaid amounts should something happen to the employee/employer relationship.

Payment options: No new automated direct online banks have been added (BBVA remains the only one). There still remains the option to pay by bank transfer if you have another bank; but for any bank other than BBVA, this option still involves sending an email to IMSS after with the receipts without any confirmation. Since this is not automated and involves humans….. we continue to recommend either paying in person or through the only direct online bank that is automated, (which is BBVA-BBVA). If you are making other than BBVA transfers, please see the section below called “Employee Tools” and ask your employee to make sure they run that personalized report each month to ensure your payment was recorded successfully. If you have questions about any of this, please ask.

Employee Termination: IMSS now requires us to notify them of any termination to the employee/employer relationship. You do this right through the IMSS system.

New Employee Start Dates: If you hire a new domestic worker, IMSS has updated the system to reflect that the law requires that the start date for registration should match the actual start date: El registro ante el IMSS de las personas trabajadoras del hogar se debe realizar desde el primer día que empieza a laborar y por cada persona empleadora con la que trabaja.

Employee Tools: IMSS has added a personalized report feature that employees can use monthly to ensure their filings are recorded and correct. They’ve also added a complaint line for employees to use to report employers who are not filing, or any inconsistencies in their filings. We’ve created educational tools for both and will share those.

Covered IMSS Days: This is not new, but it’s important and seems to be an area of confusion for many. It emphasizes why it is so important that all of the employers file on behalf of their employees. There are 3 payer sources into IMSS for an employee; the employer, the employee, and the government who subsidizes a portion. A full-time employee’s full IMSS amount is paid by these 3 together and that gives the employee full coverage of benefits. Part-time employees have different employers, so it’s the group collectively, that pays to cover the employee full time with IMSS. Let me give you an easy example to understand. Under the IMSS benefits, employees are entitled to free childcare on the days they work. A full-time employee, one whose filing and payments to IMSS covers full-time – has this benefit every day of the week. A part-time employee is different. If you are the only employer filing on their behalf and they work for you Tuesdays and Thursdays, then they will only have free childcare for the days IMSS knows they work – which is Tuesdays and Thursdays. This is because their benefit has only been paid for Tuesdays and Thursdays. IMSS is a very large social system, but hopefully it’s logical that it requires full funding to fully cover the workers for full benefits. So, in order for the employee to maximize their benefits, they need to ensure their employers are filing on their behalf. Thus, the complaint line and the personalized report that are now available. We’ve created educational tools for this and will also send in the next email.

Education online and through the app: IMSS has way upped their game on their website for information for domestic workers. This is a GREAT source of frequently asked questions: https://www.imss.gob.mx/personas-trabajadorashogar/
preguntas . The phone app is also top-notch. Employees can run reports, view their benefits, beneficiaries, make appointments, etc. https://play.google.com/store/apps/details?id=st.android.imsspublico&hl=en&gl=US&pli=1 .

30/05/2023

¡Trabajadores del hogar, estos son sus derechos laborales!

Personas , tener es parte de sus derechos laborales.

30/03/2023

21/03/2023

By now, most people know that a Reform to the Federal Labor Law in Mexico passed both houses last year and was published on November of 2022, making it obligatory beginning January 1, 2023 with a 6-month grace period to affiliate these workers.
By now, most people feel a degree of frustration, anxiety and stress about what this means, what they should do, and what they have to do.
We're going to do a series of short Zoom calls over the next few weeks to help you to understand the history of the law and to make it easier it is to take the steps necessary to implement these really important rights for domestic workers.
The call objectives:
• Review the Reform to the Federal Labor Law and the time
frame to be implemented
• Discuss who qualifies as a domestic employee under the new
law
• Discuss the differences between part-time and full-time employees under the law and the obligations that come with
each
• Discuss the employer’s legal responsibility under the law
• Discuss the most common challenges we’ve seen and FAQ’s
• Discuss the affiliation process, associated costs, time-frames,
IMSS Assist
• Q&A
This week we’ll have two calls:
 Thursday March 23rd at 5:30 pm
 Friday March 24th at 11am
If you’re interested in a slot, please email us your name, at imss.assist.sma at gmail.com (replace the at with @). We will send you the zoom link for your day.

20/02/2023

Understanding the New IMSS Reform for Domestic Workers & What It Means To You!

By now, most people know that a Reform to the Federal Labor Law in Mexico passed both houses last year and was published in November of 2022, making it obligatory beginning January 1, 2023 with a 6-month grace period to affiliate these workers to have social benefits entitled by them by law. Also by now, most people feel a degree of frustration, anxiety and stress about what this means, what they should do, when they should do it and how to start.

I’m a huge fan of education and genuinely believe, the more we understand what is happening, the faster the frustration and fear falls away, and the easier it is to take the steps towards being part implementing these really important rights for domestic workers.

We are continuing to do a series of short Zoom calls over the next few weeks with these objectives:

Review the Reform to the Federal Labor Law that was signed by the President of Mexico and the Secretary of the Interior of Mexico, published November 16, 2022 and the time-frame to be implemented
Discuss who qualifies as a domestic employee under the new law
Discuss the differences between part-time and full-time employees under the law and the obligations that come with each
Discuss the employer’s legal responsibility under the law
Discuss the most common challenges we’ve seen and FAQ’
Discuss the affiliation process, associated costs, time-frames, IMSS Assist
Q&A

This week we’ll have two calls:
Wednesday February 22nd at 9AM
Thursday February 23rd at 9AM

If you’re interested in a slot, please email us your name, at imss.assist.sma@gmail.com We will send you the zoom link for your day. The email written out is imss dot assist dot sma at gmail dot com

We’ll do more of these in the upcoming weeks.

Our goal is to keep the calls to 30 minutes and we will start on time, so please plan to be a few minutes early
Space will be limited to 30 people
Everyone will be muted except the presenter until Q&A at the end (questions can be typed throughout the presentation)

20/01/2023

Changes for our domestic workers in 2023

2 big reforms occurred in late 2022 that affect domestic workers (home gardeners, housekeepers, dog walkers, drivers, cooks, nannies, etc) and those that employ them for 2023.....

On November 16, 2022, a reform to the federal labor law was published in the DOF - Diario Oficial de la Federación to make it MANDATORY TO ENROLL DOMESTIC WORKERS into the IMSS system beginning January 1, 2023 (link below for publication). There is a 6 month grace period to affiliate all of these workers.

On December 27th, a reform to the vacation law was published in the DOF - Diario Oficial de la Federación to increase VACATION DAYS beginning January 1, 2023 (link below for publication). These are the new days based on years of service and this affects ALL workers, just not domestic workers:

Year 1 = 12 days Year 2 = 14 days Year 3 = 16 days Year 4 = 18 days Year 5 = 20 days
Year 6 to 10 = 22 days Year 11 to 15 = 24 days Year 16 to 20 = 26 days

Both reforms are signed by ANDRÉS MANUEL LÓPEZ OBRADOR, Presidente de los Estados Unidos Mexicanos and ADÁN AUGUSTO LÓPEZ HERNÁNDEZ, El Secretario de Gobernación

What is the DOF - Diario Oficial de la Federación and why is it important?

The Official Journal contains treaties, laws, decrees, sentences, agreements, resolutions, general and judicial warnings, national and international public bids to provide the government with goods and services, among other issues concerning the three Branches of the Federation.
The importance of reading the Official Journal on a daily basis responds to the mandate that all official government rules and regulations must be published in it, and so only through this publication their compliance can become mandatory. Once a law or regulation is published, ignorance of it is no longer a legal defense.

This journal is regulated by the Law of the Official Journal of the Federation and Government Gazettes. The responsibility for its compilation is within the Secretariat of the Interior (Secretary of Government), officially known as Secretaría de Gobernación, or SEGOB.

https://dof.gob.mx/nota_detalle.php?codigo=5675889&fecha=27/12/2022 .tab=0

https://dof.gob.mx/nota_detalle.php?codigo=5671665&fecha=16/11/2022 .tab=0

09/01/2023

Registration of Domestic Employees with IMSS

There exists many misconceptions about whether or not we must supply Social Security insurance for our workers. I have now heard everything from “my neighbor says that part-time workers don’t qualify”, “my housekeeper doesn’t want it”, “my gardener only works one day a week, so that’s not even part-time” and “we would like to do it, but it’s too hard figure out, so we’re not going to”, to “I’m just not going to do it because I don’t want to pay the extra money.”

To bring some clarity to this subject:

This is a mandatory Federal Program that passed both houses of Congress last year was published in the Official Gazette of the Federation on November 16, 2022. Here’s the publication for anyone wanting to read it: https://www.dof.gob.mx/nota_detalle.php?codigo=5671665&fecha=16/11/2022 .tab=0

You can’t “opt out” of a mandated Federal Law and there are hefty fines and legal consequences for attempting to do so. I know most people on this list are from the US or Canada. Can you imagine an employer in the US saying “no, I’m not going to file social security and worker’s comp for my employees” or being an employee and saying to your employer “no, I don’t want you to take social security out of my paycheck”. I’m sure the answer to both is no, because this wouldn’t happen. Why should it here?

The suspicion……..This isn’t a new program . This program has been around since the 1940s and currently covers over 71 million workers in Mexico (that's almost 3/4 of the population) The Supreme Court of this country ruled it unconstitutional to exclude domestic workers, and discriminatory and oppressive particularly to women who make up the lion’s share of this workforce.

SMA is a small bubble in the world of Mexico. Maybe you’ve been paying your employees more than the minimum wage, but there are millions of domestic workers where this isn’t the case. There are countless women, working 12-14 hours per day, 7 days a week, making the very minimum. Not only does this inclusion give them access to benefits that increase their independence, safety and long-term security, it also regulates how many hours a day they can work, rest days, mandatory vacation and holidays, addresses overtime payments, and increases minimum wage. We need to look outside of our bubble and understand there are women (and men) all over this country being exploited. This is a game changer for so many.

The reform states this is mandatory beginning January 1, 2023 with a 6-month grace period to affiliate all of the workers. I will tell you this isn’t an overnight process. It takes time to collect the necessary info and many workers don’t even have an NSS # (social security #) and have to apply for one. My advice would be not to wait until the last minute.

You can roughly figure your IMSS obligation will cost you about a week’s salary/month. It is the right of your domestic workers to have these benefits. It’s your obligation to file and pay them. I’m sure I’m not alone in feeling that my housekeeper is like family and I’m happy to pay a little extra month for her security.

Every employer that your worker has is responsible for their part. But this has NOTHING TO DO WITH YOU and you have no control over that. You are only responsible for your portion of his/her work week, based on what you pay him/her.

You CAN do this yourself or you can hire our group or whoever you use for these types of things, to do this for you. We can be reached at imss dot assist dot sma at gmail dot com.

If you want to do it yourself, the IMSS site has great FAQ’s, tutorials, etc. https://www.imss.gob.mx/personas-trabajadoras-hogar

These steps that can be done in the Subdelegation that corresponds to your address or online through the IMSS portal.

You’ll need to collect the following info:
Employer:
CURP
Email
Address
Contact information
RFC (optional)
Employee:
NSS
CURP
Address
Daily salary (this is different than how you calculate vacation and Aguinaldo. This needs to consider the actual daily salary, multiplied by an integration factor that takes into consideration vacation and bonus pay
Specific Days Worked

2. Register yourself and your employee on the IMSS system.

3. Enter calculations and file

4. Generate the Comprobante and capture line for payment.

5. Make the payment in person at an allocated bank or through online banking.

You will have until the 20th* of each month to make the payment of the employer worker contributions (you must pay the total obligation which means you have to withhold the employee’s portion unless you opt to pay the total balance).

The insurance of the home worker will be from the first day of the immediately following month and for the days that he works with the employer.

You have to carry out this process each month.

*In the event that the 20th of the calendar month is a non-business day, the payment deadline will be the first immediately subsequent business day.

Lastly, you now also are required to have an Employment agreement. Domestic work must be established in writing on an employment agreement and it's really in everyone's best interest to have this. It should be specific to your employee and inclusive to the work they do for you. We can help you with this too, or again, who ever you use should also be able to.

Let us know if we can help!