Nicaragua

In Nicaragua, the termination of employment is regulated by the Nicaraguan Labor Code. This code outlines the lawful grounds for dismissal, notice requirements, and severance pay protocols.

Lawful Grounds for Dismissal

The Labor Code specifies two main categories for lawful termination of an employment contract:

• With Just Cause: This includes situations where the employee engages in serious misconduct, such as repeated absence without justification, theft, fraud, or workplace violence, damage to company property, or serious negligence or breach of duty. The employer bears the burden of proof in justifying a "with just cause" termination.
• Without Just Cause: Employers can terminate an employment contract without necessarily providing a specific reason. However, they must follow due process and provide severance pay.

Notice Requirements

The required notice period in Nicaragua depends on the type of contract:

• Indefinite Contracts: Employers must provide written notice at least one month in advance.
• Fixed-Term Contracts: Specific notice periods might be outlined in the employment contract. If not, the notice requirement for indefinite contracts applies.

Exceptions to these requirements include immediate termination in cases of severe misconduct, and no notice period is required for termination within the agreed-upon probationary period.

Severance Pay

Nicaragua mandates severance pay in cases of termination without just cause. This pay is calculated based on the employee's length of service. Workers are typically entitled to one month's salary for each of the first three years of service, and 20 days' salary for every year thereafter. Employees are also entitled to proportional payments for accrued vacation, annual bonus, and any unpaid wages.

Employers and employees may agree to different terms through a mutual agreement. Some industries might have more favorable provisions for severance pay or termination processes outlined in collective agreements.

Nicaragua's legal framework addresses discrimination through its Constitution, international commitments, and labor laws.

Protected Characteristics

Nicaragua doesn't have a single, comprehensive anti-discrimination law, but several legal provisions offer protection against discrimination. The Constitution of Nicaragua establishes the core principle of equality before the law and prohibits discrimination on the basis of "birth, nationality, political creed, race, sex, language, religion, opinion, origin, economic position or social condition". The Labor Code (Código del Trabajo) prohibits discrimination in employment based on age, ethnicity, nationality, gender, social origin, political, or religious beliefs. Nicaragua is also a signatory to international human rights conventions that address discrimination, such as the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Redress Mechanisms

Nicaragua provides avenues for individuals who have experienced discrimination to seek justice. The Ministry of Labor (MITRAB) has the authority to investigate complaints of workplace discrimination and may attempt to conciliate disputes. The Nicaraguan Human Rights Center (CENIDH), a prominent non-governmental organization that advocates for human rights, can offer support and guidance to victims seeking redress. If conciliation fails or the discrimination falls outside the Labor Code's scope, individuals can pursue legal remedies through the Nicaraguan court system.

Employer Responsibilities

Employers in Nicaragua have a responsibility to uphold anti-discrimination principles and create inclusive work environments. Key responsibilities include implementing and communicating clear company-wide policies prohibiting discrimination in all aspects, providing regular training to managers and employees on anti-discrimination law, and establishing a formal, confidential process for employees to report discrimination allegations.

Challenges and Ongoing Efforts

Despite these legal provisions, challenges remain in effectively combating discrimination in Nicaragua. Enforcement can be inconsistent, and there's a need for a more comprehensive, specific law against discrimination to cover broader social spheres. Civil society organizations play a vital role in advocating for legal reforms and raising awareness to address these gaps and promote greater equality.

In Nicaragua, the Ministry of Labor (Ministerio del Trabajo, or MITRAB) sets the basic framework for working conditions through the Nicaraguan Labor Code (Código del Trabajo).

Work Hours

The Nicaraguan Labor Code establishes a standard workweek of 48 hours, with a maximum of eight hours per day. Some exceptions may exist based on industry or collective bargaining agreements. Night work, defined as working between 6 pm and 6 am, requires a premium wage of at least 20% higher than the regular salary.

Rest Periods

Employees are entitled to a minimum uninterrupted rest period of 30 minutes during the workday, typically for lunch. All employees must receive a minimum uninterrupted weekly rest period of 24 consecutive hours, usually on Sundays.

Variations

Some sectors, like finance or government offices, might have shorter workweeks established by sectoral agreements. Companies may offer flexible work schedules in agreement with employees, as long as total working hours comply with regulations.

Ergonomic Requirements

While there aren't explicit legal requirements dedicated solely to ergonomics in Nicaragua, the Labor Code places a general duty on employers to provide a safe and healthy work environment for their employees. This can be interpreted to include ergonomic considerations like providing suitable workstations and equipment to minimize physical strain.

Enhancing Ergonomic Practices

Employers can take proactive steps such as conducting regular risk assessments to identify potential ergonomic hazards in the workplace. The Nicaraguan Institute for Social Security (INSS) offers general occupational health and safety guidelines, which may touch upon ergonomic principles.

Nicaragua prioritizes worker safety through a framework established in the Labor Code (Código del Trabajo) and enforced by the Ministry of Labor (Ministerio del Trabajo, or MITRAB). This system outlines the roles and responsibilities of employers and employees to ensure a safe work environment.

Employer Obligations

Employers in Nicaragua hold significant obligations to safeguard worker health and safety:

• Provide a Safe Workplace: The Labor Code mandates employers to provide and maintain healthy and safe working conditions, minimizing the risk of accidents and occupational illnesses. This includes measures like proper ventilation, illumination, and hygiene facilities.
• Risk Assessments and Prevention: Proactive identification of potential hazards in the workplace is crucial. Employers must conduct regular risk assessments and implement preventive measures to mitigate these risks.
• Safety Training and Information: Employees have the right to receive proper training and information on health and safety procedures specific to their job roles and potential hazards in their work environment. This empowers them to work safely.
• Accident Reporting and Investigation: All work-related accidents and illnesses must be reported to MITRAB. Employers are also obligated to investigate these incidents to identify root causes and prevent future occurrences.

Employee Rights

Employees in Nicaragua have corresponding rights under health and safety regulations:

• Right to a Safe Workplace: The Labor Code guarantees employees the right to work in an environment free from foreseeable threats to their health and safety.
• Right to Refuse Unsafe Work: Employees have the right to refuse to perform tasks they believe pose a serious risk to their health and safety. They can notify their supervisors and relevant authorities if necessary.
• Access to Training and Information: As mentioned earlier, employees have the right to receive training and information on health and safety hazards and procedures relevant to their work.

Enforcement Agencies

The Ministry of Labor (MITRAB) plays a central role in enforcing health and safety regulations through its Department of Labor Inspection (Inspección del Trabajo):

• Inspections: Labor inspectors conduct regular or surprise inspections of workplaces to assess compliance with health and safety regulations.
• Corrective Measures: If violations are found, inspectors can issue citations and require employers to take corrective actions to address the issues.
• Fines for Non-Compliance: In severe cases of non-compliance, penalties and fines can be imposed on employers.

Shared Responsibility

Maintaining a safe work environment requires a collaborative effort:

• Employers: Fulfilling their obligations under the Labor Code and fostering a culture of safety are paramount for employers.
• Employees: Actively participating in safety trainings, using personal protective equipment (PPE) when required, and reporting unsafe conditions are crucial employee responsibilities.
• MITRAB: Enforcement, guidance, and promoting a culture of safety through inspections and resources are the key functions of MITRAB.