For a company making the decision to proceed with the dismissal of a pregnant or breastfeeding worker is not easy and has its implications, since it cannot proceed as is usually done with other types of dismissals.

In Costa Rica, pregnant or breastfeeding workers are part of a special jurisdiction, where a series of protections are applied in their favor, to prevent the employer from being able to fire them voluntarily.

In order to fire a worker in this state, whether with or without employer responsibility, the employer must comply with a procedure established by law, and it is not under any situation that this decision can be made.
Here is a brief explanation of the procedure to follow:

1. The first thing is that in order for the worker to be able to enjoy this special jurisdiction, she must notify the employer of her pregnancy status, presenting a medical certification or certificate issued by the CCSS (Social Security in Costa Rica).
2. The dismissal of a pregnant or breastfeeding employee is only applicable if she incurs one of the causes of article 81 of the Labor Code, that is, because she committed a serious offense and it is creditable.
3. Before dismissing the employer, the employer must first consult and initiate the procedure for dismissal before the General Labor Inspectorate of the Ministry of Labor and Social Security.
4. The fault committed by the worker must be proven.
5. The National Directorate may order the suspension of the worker while it is resolved whether or not the dismissal proceeds.

The employer who dismissal of a pregnant or breastfeeding worker without the authorization of the Ministry of Labor, is exposed to the following:

-The worker may initiate a judicial process to request her reinstatement at work, with full enjoyment of her labor rights.
-Indemnification for damages and losses generated to the worker, to the payment of sums corresponding to the prepartum and postpartum allowance, the wages that she would have stopped receiving from her dismissal, until completing eight months of pregnancy.
– If a worker who was breastfeeding was dismissed, she is entitled, in addition to severance, to compensation for damages, to 10 days’ wages.

For these reasons, we recommend that you seek the correct legal advice before making such an important decision, as it may generate higher expenses in the future and have consequences for your company.

At ERP Lawyers we will be happy to advise you on this type of dismissal. We can also provide extensive advice on labor matters. We invite you to contact us at info@erplawyers.com.