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In Costa Rica, the Labor Code includes a series of restrictions when striking, where said regulations regarding the rights to strike and collective bargaining were established on March 18, 2019, through Scope No. 58 of the Official Gazette, the Bill is published in session number 39, held on March 12, 2019, by the Permanent Commission for Social Affairs. Reform of the Labor Code, Law No. 2, of September 15, 1943, for the regulation of essential public services.
However, the aforementioned Draft Law changes the concept of the abandonment strike currently established in the legislation in article 371 of the Labor Code, which defines the legal strike as “… is the temporary abandonment of work in a company, establishment or business, peacefully agreed and executed by a group of three or more workers, with the sole purpose of improving or defending their common economic and social interests. ”
This new decree regulating restrictions on striking, regulates strikes in public services and gives application to article 375 of the Labor Code by specifying essential services. Essential services are those services whose interruption could endanger the life, safety or health of all or part of the population or that may have an effect on the delivery of goods and services that are directly related to life and health. of people. These essential public services include prevention and health care services, emergency care services, electricity distribution and water supply, transportation of patients by land, water or air routes, and telecommunications services necessary for the provision effective of other public services.
If you have doubts or look for advice regarding this issue or any other issue related labor law, do not hesitate to contact us and one of our experts will gladly assist you. Get in touch!