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11Jan

The right to disconnect and telework

Jairo José Cerdas | 11 Jan 2022 | View Counts (381)
Analysis of the right to digital disconnection in employment
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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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Analysis of the responsibility and authorization for the use of the image of the worker in advertising processes.
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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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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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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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Analysis of the salary nature of travel expenses and their implications for legal claims.
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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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