Costa Rica

Article 81 of the Costa Rican Labor Code provides the valid reasons for terminating an employee "with cause." These reasons can be categorized into three main areas: employee misconduct, inefficiency or lack of productivity, and external factors.

Employee Misconduct

This includes repeated absences or tardiness without justification, disobedience or insubordination, acts of violence, insults, or threats against the employer, coworkers, or clients, intentional damage to workplace property, and disclosing confidential company information.

Inefficiency or Lack of Productivity

This involves a significant decline in performance or consistent failure to meet work standards.

External Factors

This includes the economic need of the business or company restructuring or liquidation.

It's important to note that the employer bears the burden of proof to demonstrate that a "just cause" for dismissal exists.

Termination without Cause

Employers can terminate employees without cause but must adhere to specific protocols. These include providing a specific notice period depending on the employee's length of service and offering severance pay (Cesantía) calculated based on their length of service and salary.

Notice Period

For 3-6 months of service, one week's notice is required. For 6-12 months of service, two week's notice is required. For more than one year of service, one month's notice is required.

Severance Pay Calculation

The standard calculation for severance pay is approximately one month's salary for every year of employment.

Notice Requirements

Employers must provide written notice of termination. This notice must outline the reasons for termination (if applicable) and specify the termination date.

Costa Rica has a comprehensive legal framework designed to protect individuals from various forms of discrimination. The primary legislation in this area is the Law for the Promotion of the Social Equality of Women.

Protected Characteristics

Costa Rican laws explicitly outlaw discrimination based on:

• Gender: This includes discrimination based on sex, gender identity, and sexual orientation.
• Ethnicity & Race: The law forbids discrimination based on a person's race, color, or national origin.
• Disability: Discrimination based on physical or mental disability is illegal.
• Age: Discrimination based on age is prohibited.
• Religion: The law forbids discrimination against someone's religious beliefs or lack thereof.
• Health Status: This includes HIV/AIDS status and other health conditions.
• Political Opinion: Discrimination due to an individual's political affiliation is illegal.
• Marital Status/ Family Status: The law prohibits discrimination based on someone's marital or familial situation.

Mechanisms for Redress

Individuals who have been subjected to discrimination have several options for seeking redress:

• Labor Courts: Employees who experience workplace discrimination can file complaints with specialized labor courts.
• Constitutional Court of the Supreme Court of Justice (Sala IV): Individuals can file constitutional writs ("recursos de amparo") to ensure the protection of their fundamental rights, including the right to non-discrimination.
• Public Defender's Office (Defensoría de los Habitantes): This office serves as an advocate for the public, including receiving discrimination complaints and mediating issues.

Employer Responsibilities

Employers in Costa Rica are legally required to:

• Prevention: Implement policies and mechanisms aimed at preventing discrimination and harassment within the workplace.
• Training: Educate their employees on anti-discrimination laws and promote a workplace culture of respect.
• Zero Tolerance: Adopt a zero-tolerance policy towards discrimination, ensuring internal procedures for reporting instances of discrimination.
• Response and Investigation: Take appropriate action to promptly investigate and address any allegations of discrimination.

Important Considerations

• The burden of proof in discrimination cases often lies with the employee. This underscores the importance of having robust documentation procedures in workplaces.
• Legal remedies may include reinstatement of a wrongfully dismissed employee, compensation, or other forms of restitution.

In Costa Rica, the Labor Code sets the maximum working hours at 8 hours per day for daytime work and 6 hours per day for nighttime work. The maximum workweek is 48 hours for daytime shifts and 36 hours for night shifts. Employees working a mixed work schedule (days and nights) cannot work more than 7 hours a day. Work exceeding the standard limits is considered overtime and must be paid at time-and-a-half (150% of the regular rate). Employers can request a maximum of 4 hours of overtime daily.

Rest Periods

Workers are entitled to at least a 10-minute rest break for every 4 hours of continuous work. Employees must have one day of rest per week, typically on Sunday. Costa Rican law generally does not mandate a specific lunch break period, however, many workplaces and collective bargaining agreements do provide for a meal break.

Ergonomic Requirements

The Costa Rican government has regulations in place to address workplace ergonomics and prevent work-related injuries. These regulations outline employer obligations concerning workplace safety, equipment, and ergonomics. Employers must conduct risk assessments to identify potential ergonomic hazards and implement corrective measures. Employers should provide training on proper posture, workstation setup, and safe lifting techniques to help prevent musculoskeletal disorders.

Specific Ergonomic Considerations

• Providing adjustable chairs with proper lumbar support.
• Ensuring desks are at an appropriate height for employees and adjustable if possible.
• Proper monitor positioning to reduce eye and neck strain.
• Adequate lighting in work areas.

Other Relevant Regulations

Costa Rica sets minimum wages for various job categories. The country observes numerous national holidays. Employees are entitled to paid annual vacation time, accruing at a rate that increases with their length of service. Employers and employees must contribute to Costa Rica's social security system, which provides healthcare, pensions, and other benefits.

Costa Rica has a comprehensive legal framework dedicated to ensuring occupational health and safety (OHS). The foundation for OHS standards is based on the Costa Rican Constitution, Labor Code, and specific regulations addressing workplace risks.

Employer Obligations

Employers in Costa Rica have several obligations to ensure a safe work environment:

• Establish & Maintain a Safe Work Environment: Employers are required to identify hazards, implement controls, and provide necessary safety equipment and training. This includes conducting regular risk assessments and adapting procedures as situations evolve.
• Provide Health and Safety Training: Workers should receive comprehensive training on potential workplace hazards, safe work practices, accident prevention, and emergency procedures. This training should be ongoing and tailored to specific job tasks.
• Form Occupational Health Committees: Companies with ten or more employees are required to establish an Occupational Health Committee, with equal employer and worker representation, to oversee workplace health and safety and collaborate on improvements.
• Develop & Implement OHS Plans: Employers must have written OHS plans that outline risk identification, hazard control measures, training programs, and emergency response plans.
• Report Accidents and Injuries: Employers are obligated to report any workplace accidents, injuries, or illnesses promptly to the relevant authorities. Thorough investigations should be conducted to prevent recurrence.

Employee Rights

Employees in Costa Rica have several rights related to health and safety:

• Right to a Safe Workplace: Employees have a fundamental right to work in an environment free from recognized hazards.
• Right to Refuse Dangerous Work: Workers can refuse tasks they deem to pose an imminent and serious risk to their health or safety without facing employer retaliation.
• Right to Information and Training: Employees must receive training and access to information about workplace hazards, including safe working procedures and how to use protective equipment.
• Right to Participate in OHS Management: Through Occupational Health Committees, employees have a voice in OHS decision-making and can raise safety concerns.
• Right to Medical Surveillance (in some cases): Employees exposed to specific risks (e.g., chemicals, noise) might be entitled to periodic medical examinations.

Enforcement Agencies

Several agencies are responsible for enforcing OHS regulations in Costa Rica:

• Ministry of Labor and Social Security (MTSS): The MTSS is the primary agency responsible for OHS. It enforces regulations, conducts inspections, and issues sanctions for non-compliance. The Occupational Security and Health Office within the MTSS spearheads these efforts.
• Costa Rican Social Security Fund (CCSS): The CCSS administers the occupational risks insurance system, providing compensation and medical care for work-related injuries and illnesses.
• Occupational Health Council: This is a technical body linked to the MTSS that advises on OHS policies and regulations.