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Archive by author: Alejandro Godínez TobónReturn

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On the occasion of judgments No. 2021-11996 of the Constitutional Chamber and No. 2022-656 of the Second Chamber of the Supreme Court of Justice, it is analyzed whether there are exceptional situations that force the employer to make salary reductions that exceed the minimum wage of the employee.
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28Jun

Dismissal for unexcused absences

Alejandro Godínez Tobón | 28 Jun 2022 | View Counts (123)
Analysis of unjustified absences as grounds for dismissal without employer responsibility.
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The incidence of executive decrees No. 43542-S and No. 43544-S that were published on May 11, 2022 for employers in the private sector is analyzed.
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18May

Breaks during the working day

Alejandro Godínez Tobón | 18 May 2022 | View Counts (137)
Analysis of the rest time that the worker must enjoy during his daily work day.
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Analysis of the application of the trial period in employment contracts.
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In the case of Costa Rica, the Second Chamber of the Supreme Court of Justice has denied that stock options plans have a salary nature.
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The National Vaccination Commission determined that employers in the private and public sectors can force their workers to apply the vaccine against COVID-19. In the absence of the full text of the executive decree that will be published in La Gaceta and given the expectation that has arisen from this regulatory change, some preliminary comments are made on the impact of this decision on the private sector.
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In Costa Rica, the outsourcing contract has been one of the main ways to outsource the services of companies. However, from the perspective of Labor Law, outsourcing services may involve certain risks for the contracting entity, depending on how this type of contracting is carried out.
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In Costa Rica, loss of confidence is a cause for dismissal without employer’s liability that, despite not being explicitly contained within the Labor Code, has been recognized by the jurisprudence of the Second Chamber of the Supreme Court of Justice.
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