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Archive by tag: liabilityReturn
Short reflection on some differences between a dismissal at the will of the employer (with employer liability) when discrimination is alleged, versus a punitive dismissal (without employer liability).
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The possibility is evaluated for the employer to initiate a disciplinary process based on comments made by the employee on social networks.
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Brief analysis of liability in cases of labor violations.
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18Apr

Dismissal due to aggressions between workers

Jairo José Cerdas | 18 Apr 2024 | View Counts (724)
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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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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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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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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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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