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Archive by tag: EmployerReturn
18Apr

Dismissal due to aggressions between workers

Jairo José Cerdas | 18 Apr 2024 | View Counts (38)
Incidents of aggression between workers are scrutinized as grounds for termination without bearing employer responsibility.
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While the employer is unable to implement a dismissal with liability while the worker is incapacitated, there is no rule prohibiting executing a dismissal without liability if it is determined that the worker has committed a serious offense before or during the incapacity.
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30Nov

The severance and its calculation

Francisco Javier Bolaños Ulate | 30 Nov 2023 | View Counts (606)
A brief analysis of the most critical aspects of severance pay, its calculation, and in which cases the employer must pay it within the labor relations of the private sector.
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In the case of Costa Rica, low performance or low productivity is a cause for dismissal without employer responsibility that is implicitly contained within the Labor Code and that is recognized by the jurisprudence of the Second Chamber of the Supreme Court of Justice.
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Brief analysis of the differences between the professional services contract (independent contractors) and labor contracting
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Detailed analysis of the possible sanctions for abandoning work, using as an example the action of watching football matches during the working day without the employer's permission.
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Analysis of some of the employer's obligations in the event of a complaint about an alleged case of sexual harassment in the workplace.
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The activities that a worker can carry out while incapacitated are examined and the limitations that this condition entails
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On the occasion of judgment No. 2021-12547 of the Constitutional Chamber, it is analyzed whether there is an obligation of the employer to express in the dismissal letter with employer liability the specific reason (a detail of the events that occurred) that originates the termination of the employment contract.
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The possibility of using WhatsApp messages to substantiate a dismissal is analyzed. Likewise, reference is made on how to circumvent the limitations imposed by the right to privacy and inviolability of communications.
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