Article 490 Federal Labor Law

In cases of inexcusable fault of the employer, the compensation (indemnity) may be increased up to twenty-five percent, at the discretion of the court. There is inexcusable fault of the employer:

I.If he does not comply with the legal, regulatory provisions and those contained in the Mexican official standards on safety, health and work environment;

II.If, previous accidents having occurred, he does not adopt the adequate measures to avoid their repetition;

III.If he does not adopt the preventive measures recommended by the commissions created by the employees and the employers, or by the Labor authorities;

IV.If the employees point out to the employer the danger they face and he does not adopt the adequate measures to avoid it; and

V.If analogous circumstances of the same seriousness as those mentioned in the previous sections concur.