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Within the company’s organization, there are different types of workers, with a variety of positions and duties. Within this organization, we can find the exempt employees or so-called employees of trust, who, according to the doctrine “…are those who are directly in charge of the management of the company. According to Article 5 of the Labor Code, they are the managers, directors, administrators, etc.; those who supervise the workers or those who plan the course of the company (advisors or counselors).”
In other words, exempt employees are those whose activity or work is immediately and directly related to the company’s existence itself, to its interests, to the achievement of its purposes and to its direction, administration and supervision.
There are a set of specific characteristics that qualify a position as an exempt employee position, in accordance with their importance within the company’s organization, which are as follows:
– Not having immediate supervision control.
– Acting on behalf of the employer or company.
– Making and executing decisions.
– Flexible working hours, and,
– Their salary or compensation is set in accordance with the greater dedication, degree of trust and high responsibility related to their work.
Persons holding exempt positions within a company must also comply with or possess the following set of principles:
– Trustworthiness.
– Good faith and probity.
– Hierarchy.
It is important to mention that when the work performed by the employee can be identified as an exempt employee position, the ordinary limits of the workday are not applicable to them (8 hours during the day, 7 hours in mixed workday and 6 hours at night), however, they can’t be forced to work more than 12 hours a day. In addition, they are entitled to a minimum of one hour and thirty minutes rest period during their workday.
Costa Rican Case Law has established that in order to qualify as an exempt employee, it is necessary to examine the type of services that the employee performs, his responsibility before the employers, the sensitivity of his task, the degree of autonomy or independence in which he can perform; the immediate superior supervision to which he is subject and the adherence to a working day schedule.
Summarizing, the concept of exempt employee is determined around the possibility of the employee to collaborate with the general administration and supervision and in the execution of the employer’s policies, or in relation to his personal relationship with the employer.
If you require advice in Labor Law, ERP Lawyers offers you a team specialized in this area. Please do not hesitate to contact us at info@erplawyers.com.