Take notice! From today, the amount of all labor fines will be increased

From 1 February, non-compliance with the Federal Labor Act (LFT) will be more expensive for employers, due to the fact that the Unit of measurement and update (UMA) will have an increase of 7.3%, which will increase the amount of sanctions.

This year the fines for work offenses will have an increase of 330 pesos in its lowest amount and up to 330 000 pesos in the highest table, provided for the lack of the new subcontracting regime of specialized services, which carries the highest sanctions in more than 50 years of validity of the LFT.

Why are the fines rising? The Unit of measurement and update It is the economic reference used to determine “the amount of payment of the obligations and assumptions provided for in federal and state laws, as well as in the legal provisions arising from all of the above,” the National Institute of Statistics said. explain. and Geography (Inegi) in a statement.

This indicator is updated on the basis of inflation and since 2016, when the minimum wage was indexed from the calculation for the payment of obligations, the UMA is the reference used to determine the amount of the fines. The Inegi — the body responsible for calculating its value — reported that from 1 February 2022, the unit of account from 89.62 to 96.22 pesos daily.

“Your update must be done annually. To do this, the value of the UMA of the immediately preceding year is multiplied by the result of the sum of one plus the interannual percentage growth of December of the immediately preceding year of the National Consumer Price Index, ”The agency explained.

In this way, all the sanctions envisaged in the Federal Labor Act will have an increase in 2022. Those that will have the highest adjustments, in addition to the subcontracting regime, are those that are sanctioned up to 5,000 times the UMA; that is, an amount of 481,100 pesos. This line includes the prevention of an inspection to be carried out, the performance or tolerance of acts of harassment, the non-payment of a bonus or the failure to comply with occupational health and safety regulations such as those contemplated in NOM-035 .

How much is the fine?

Title sixteen of the Federal Labor Act envisages the entire scheme of sanctions for non-compliance with labor regulations. In determining a fine, aspects such as the intent of the omission, the seriousness of the offense, the damage caused, the economic capacity of the offender and repetition are taken into account.

Some of the most representative violations and sanctions are:

1. Do not respect the maximum working day

The fine for exceeding the daily working hours, without taking into account the overtime scheme, will be 4 811 pesos (50 times the UMA) and up to 24 055 pesos (250 times the UMA).

2. Do not allow a rest day

The Federal Labor Act provides for the right to enjoy one day of rest with pay for every six days’ work. Failure to comply with this provision could result in a fine of 4,811 pesos (50 times the UMA) and up to 24,055 pesos (250 times the AMU).

3. Subcontracting of people or failure to comply with the reform of outsourcing

Subcontracting people or providing specialized services without being registered in the Register of Specialized Service Providers or Specialized Works (Reps) may imply a fine ranging from 192,440 pesos (2,000 times the UMA) to 4 million 8 111 pesos (50,000 times the AMU).

4. Do not pay utilities

With the exception of the cases provided for in the labor law, companies that do not allow workers to participate in the distribution of profits, can be fined ranging from 24 055 pesos (250 times the UMA) to 481 100 pesos (5,000 times the UMA).

5. Unsafe location

The employer who does not guarantee a safe place to store the instruments and work tools that belong to the worker can receive a fine of 4 811 pesos (50 times the UMA) and up to 144 330 pesos (1 500 times the UMA) .

6. Do not give payroll receipts

If the employer refuses to issue a written record every fifteen days, at the request of the worker, with the number of days worked and the salary received, he may be fined 4,811 pesos (50 times the UMA) and up to 144 330 pesos (1,500) paid times the UMA).

7. Do not provide training

Employers who do not provide training and education to their workers may be subject to a fine of 24,055 pesos (250 times the UMA) and up to 481,100 pesos (5,000 times the UMA).

8. Failure to comply with safety and hygiene rules

Employers who do not comply with safety and hygiene regulations or the measures taken by the authorities to prevent work risks can face a fine of 24,055 pesos (250 times the UMA) and up to 481,100 pesos (5,000 times the UMA) receive.

9. Allow discrimination, harassment and bullying

Committing acts of discrimination or harassment or sexual harassment (including to tolerate it) can represent a fine of 24,055 (250 times the UMA) and up to 481,100 pesos (5,000 times the UMA) for employers.

10. Discrimination based on pregnancy

Companies requesting a medical certificate of non-pregnancy for entry, permanence or promotion can receive a fine of 4,811 pesos (50 times the UMA) and up to 240,550 pesos (2,500 times the UMA).

11. Failure to appear at the conciliation hearing

The employer who has a labor dispute that must exhaust the conciliatory body and not appear at the trial will receive a fine of 4,811 pesos (50 times the UMA) and up to 9,622 pesos (100 times the UMA).

Any non-compliance is sanctioned

There is a series of work offenses which is not expressly contemplated in Title Sixteen of the Federal Labor Act; section 1002, however, covers all those rules or provisions which are not quoted verbatim in the title.

Failure to pay the bonus, for example, is provided for in section 1002 with a fine ranging from 4,811 pesos (50 times the UMA) to 481,100 pesos (5,000 times the UMA).

“When several workers are affected in a single act or omission, a sanction will be imposed. for each of the workers affected. If several offenses are committed with a single act or omission, the sanctions that correspond to each of them will be applied independently ”, it is indicated in the Federal Labor Act.

In this way, all the regulations provided for in the LFT are punishable and every year the fines are increased by the new calculation of the UMA.



Reference-www.eleconomista.com.mx

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