Appendix G of Submissions Nos. 940003 and 940004
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APPENDIX G Article 992, under Title Sixteen, provides the sanctions for violations to the labor laws committed by employers or by the workers, who shall be penalized according to the provisions of this Title, notwithstanding the liability to which they may be subject for non-compliance of their obligations. The quantities established as monetary sanctions shall be based calculating the daily general minimum salary rate effective in the place and at the time the violation is committed. Article = Complainant = Violation = Sanction = Responsible 993 = Worker = Laws which determine the percentage or the exclusive utilization of Mexican Workers = 15 to 155 times GMS = Employers 994 = Worker = Articles 61, 69, 76, 77=3 to 155 times GMS = Employer 994 = Worker = Third Title, Chapter VIII = 15 to 315 times GMS = Employer 994 = Worker = Article 132, Sections IV, VII, VIII, IX, X, XII, XIV, XXII = 3 to 95 times GMS = Employer 994 = Worker = Article 132, Section XV = 15 to 315 times GMS = Employer 994 = Worker = Where employer refuses to allow inspections at the worksite and fails to follow the occupational safety and health measures established by laws to avoid work hazards. The fine shall be doubled if the irregularities are not corrected within the time limits set by authorities. The above will be imposed notwithstanding application of the provisions of Article 512-D. = 15 to 315 times GMS = Employer 994 = Worker = Article 133, Sections II, IV, VI, VII = 15 to 155 times GMS = Employer 995 = Worker = Violations to the laws which regulate the work of women and minors. = 3 to 155 times GMS = Employer 996 = Worker = Violations to Articles 204, Section II, and 213, Section II = 3 to 31 times = 3 to 31 times GMS = Employer (Sea Vessels) 996 = Worker = Violations to Article 204, Section IX = 3 to 155 times GMS = Employer (Sea Vessels) 997 = Worker = Violations to laws governing farm work or home-based work = 15 to 155 times GMS = Employer 998 = Worker = Failure to allow domestic workers who lack basic education to attend school = 3 to 155 times GMS = Employer 999 = Worker = For violations of laws governing work at Hotels, Restaurants, Bars and other similar establishments = 3 to 155 times GMS = Employer 1000 = Worker = Remuneration of work, duration of the work schedule and days of rest contained in an LC, or a CLA = 3 to 155 times if committed during the course of one week, and according to the severeness of the violation. If the violation persists for two or more weeks, the fines shall be accumulated. Recurrent violations will be subject to a twenty-five percent increase. GMS = Employer 1001 = Worker = Violations to the IWR = 3 to 155 times GMS = Employer 1002 = Worker = Violations to labor laws not sanctioned in this Title or by any other provision in the Law = 3 to 155 times GMS = Employer 1003 = Labor Authority = Failure to pay salary or have inferior salaries than those stipulated as GMS = Denounce to Public Minister = Employer of Industrial, Agricultural, Mining, Commercial or Services enterprise 1004 = Failure to pay one or several workers inferior quantities than those established as MGS, or who has provided workers with pay stubs indicating a higher payment than what was actually paid = Inprisonment from 6 months to 3 years and fine up to 50 times MGS. When the amount omitted does exceed one month of the MGS corresponding to the geographic area. Imprisonment from 6 months to 3 years with a fine of up to 100 times the MGS when the omitted amount exceeds one month's salary but not over three months MGS corresponding to the applicable geographic region. Imprisonment from 6 months to 4 years and 200 times the MGS when the omission exceeds three month's MGS corresponding to the applicable geographic region. In cases of recurrence, the sanctions established here shall be duplicated. = Employer of Industrial, Agricultural, Mining, Commercial or Services Enterprise 1005 = Parties = Failure to appear or abstain from appearing at two or more hearings; and unjustifies failure to promote the trial within three months = Inprisonment from 6 months to 3 years and fine of 8 to 80 times the MGS of the place and time = Labor Defense Procurator or Lawyer or Rep. 1006 = Parties = False documents or witnesses = Inprisonment from 6 months to 4 years and fine of 120 times the MGS except for workers whose fine shall be the amount derived from one week's salary = All parties 1007 = = = The penalties consigned in the previous article shall be applied notwithstanding the liability for damages which can result to the lawyer or representative = 1008 = = = The administrative sanctions in this Chapter shall be imposed by the STPS, or by the Governors of the States, or by the Chief of the Department of the Federal District who shall delegate the faculty to their subordinates when they deem it appropriate through publication in the Official Newspaper = 1009 = = = The authority shall apply the sanction after listening to the affected party = 1010 = = = The sanctions shall be made effective by the authorities designated by Law = Return to Analysis of Submissions Nos. 940003 and 940004
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