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As of February 1, non-compliance with the Federal Labor Law (LFT) will be more costly 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 labor breaches will have an increase of 330 pesos in its lowest amount and up to 330,000 pesos in the highest tabulator, which is foreseen for the lack of the new subcontracting regime of specialized services, which established the highest sanctions in more than 50 years of validity of the LFT.

Why do the fines go up? The Unit of Measurement and Update It is the economic reference that is 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 that emanate from all of the above,” explained the National Institute of Statistics and Geography. (Inegi) in a statement.

This indicator is updated based on inflation and since 2016, when the minimum wage was deindexed 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 in charge of calculating its value— reported that as of February 1, 2022, the unit of account goes 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”, detailed the agency.

In this way, all the sanctions contemplated in the Federal Labor Law 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 preventing an inspection from being carried out, carrying out or tolerating acts of harassment, not paying a bonus or failing 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 Law contemplates the entire scheme of sanctions for non-compliance with labor regulations. To fix a fine, aspects such as the intention of the omission, the seriousness of the infraction, the damages produced, the economic capacity of the offender and recidivism are considered.

Some of the most representative breaches and sanctions are:

1. Not respecting the maximum working day

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

2. Not granting a rest day

The Federal Labor Law establishes the right to enjoy one day of rest with pay for every six days of work. Failure to comply with this provision can be equivalent to a fine of 4,811 pesos (50 times the UMA) and up to 24,055 pesos (250 times the AMU).

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

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

4. Not paying utilities

With the exception of the assumptions provided for in the labor law, companies that do not give workers participation in the distribution of profits may be awarded a penalty 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 belonging to the worker, can receive a penalty of 4,811 pesos (50 times the UMA) and up to 144,330 pesos (1,500 times the UMA).

6. Not giving payroll receipts

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

7. Not providing training

Employers who do not provide education and training to their workers may be subject to a penalty 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 the safety and hygiene regulations or the measures established by the authorities to prevent work risks, can receive a fine of 24,055 pesos (250 times the UMA) and up to 481,100 pesos (5,000 times the UMA).

9. Allow discrimination, harassment and bullying

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

10. Discrimination based on pregnancy

Companies that request a medical certificate of non-pregnancy for entry, permanence or promotion in employment can receive a penalty 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 conflict that must exhaust the conciliatory instance and does not appear at the hearing 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 labor breaches that are not expressly contemplated in title sixteen of the Federal Labor Law; however, article 1002 covers all those rules or provisions not quoted verbatim in the title.

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

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

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




www.eleconomista.com.mx

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