In what areas of labor law does ERP Lawyers asses me?
At ERP Lawyers we provide legal advice on labor issues:
- Resolution of labor conflicts: We represent employers and employees in trials; or, we offer legal advice on labor matters to avoid them.
- Labor conciliations: We go to conciliations when, for example, an unjustified dismissal occurs, and it becomes necessary to defend the rights of a worker.
- Employment contracts: Employment contracts, oral or written, must ensure the interests of the organization, but also align with the fundamental rights of the worker, so it is important to take legal advice in the preparation and signing of employment contracts.
What types of employment contracts exist?
The employment contract may be verbal (Article 22 of the Labor Code) when referring to:
- Properly agricultural or livestock work. This exception does not cover industrial work carried out in the field.
- Domestic service.
- Accidental or temporary works that do not exceed 90 days, not included in the two previous paragraphs.
- The provision of a job for specific work provided that the value of this does not exceed 250 colones, although the deadline to conclude it is greater than 90 days.
The written employment contract (Article 24 of the Labor Code) will contain:
- Names and surnames, nationality, age, sex, marital status and domicile of the contracting parties;
- Number of their identity cards, if they were required to carry them;
- The precise designation of the residence of the worker when he is hired to render his services or execute a work in a different place from the one he usually has;
- The duration of the contract or the expression must be for an indefinite period, for a specific work or at a fixed price;
- The time of the work day and the hours in which this;
- The salary, wage or participation to be received by the worker;
- The place or places where the service should be provided, or the work executed
- Other stipulations in which the parties agree;
- The place and date of the conclusion of the contract;
- The signatures of the contracting parties.
What obligation do employers have regarding the payment of salaries?
Regarding the remuneration to be paid in Costa Rica, remember that “every worker has the right to earn a minimum wage that covers the normal needs of their home in the material, moral and cultural order, which will be set periodically, according to the modalities of each work, to the particular conditions of each region and each intellectual, industrial, commercial, livestock or agricultural activity “. This is contemplated in Article 177 of the Labor Code.
What are the internal work regulations and codes of conduct?
Labor regulations are prepared by employers, following the recommendations of their legal advisors in labor law and considering laws, decrees, conventions and employment contracts. A work regulation (Article 68 of the Labor Code) includes information such as:
- Rules of a technical and administrative nature necessary for the good running of the company; those related to hygiene and safety in the workplace.
- Hours of entry and exit of workers, the time allocated for meals and the period or rest periods during the day.
- Different types of salaries and the categories of work to which they correspond.
- The place, day and time of payment.
- Disciplinary provisions and ways to apply them.
What types of workdays are there and what are they?
The Labor Code establishes three types of working days:
- Daytime: it takes place between 5 a.m. and 7 p.m.
- Nighttime: it takes place between 7 p.m. and 5 a.m.
- ‘Mixed day: consists of up to 8 working hours, if the weekly work does not exceed 48 hours.
In what other labor processes does ERP Lawyers advise me ?
At ERP Lawyers & Associates we also advise you on other ordinary labor processes:
- Preventing possible claims regarding salaries.
- Holiday payments.
- Appropriate procedures to make a dismissal.
- Preparation of fixed contracts or professional services.
Contact us today to receive ethical and responsible advice in labor law.