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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.

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.

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.