Article 992 Federal Labor Law

The violations of the labor rules committed by the employers, union directors or by the employees, shall be sanctioned in accordance with the provisions of this Title, independently of the liability that corresponds to them for the non-compliance of their obligations, without prejudice to the sanctions provided in other legal ordinances and to the legal consequences that proceed in the matter of concessioned goods and services.

The quantification of the pecuniary sanctions that are established in this Title, shall be made taking as calculation base the Unit of Measurement and Updating (Unidad de Medida y Actualización), at the moment of committing the violation.

For the imposition of the sanctions, the following shall be taken into account:

I.The intentional or non-intentional character of the action or omission constituting the infraction;

II.The seriousness of the infraction;

III.The damages that have been produced or may be produced;

IV.The economic capacity of the infractor; and

V.The recidivism of the infractor.

In all cases of recidivism the fine imposed for the previous infraction shall be doubled.

Recidivism is understood, for the purposes of this Law and other provisions derived from it, each one of the subsequent infractions to a same precept, committed within the two years following the date of the record in which the preceding infraction was recorded, provided that the latter has not been disproved.

When in a single act or omission several employees are affected, a sanction shall be imposed for each one of the affected employees. If with a single act or omission various infractions are incurred, the sanctions that correspond to each one of them shall be applied, in an independent manner.

When the fine is applied to an employee, it may not exceed the amount indicated in Constitutional article 21.