Suspension of the worker without salary as a substitute for dismissal without employer liability

Suspension of the worker without salary as a substitute for dismissal without employer liability

Categories: Blog

The disciplinary suspension without salary is contained in article 68 clause e) of the Labor Code, in which it establishes the following: “Article 68.- The work regulations may include the technical and administrative rules necessary for the correct operation of the company; those related to hygiene and safety of work, as indications to prevent professional risks and instructions for providing first aid in case of accidents and in general, all others that are deemed convenient. In addition, it will contain: (…) e) The disciplinary provisions and the ways to apply them. It is understood that it is prohibited to deduct any amount from the salary of workers as a fine and that the suspension of work without pay, cannot be decreed for more than eight days or before having heard the interested party and the co-workers indicated by the affected worker; (…) “.

From the analysis of the previous article, along with the provisions of articles 66 and 67 of the same law, which regulate what refers to the Internal Labor Regulations, it is clear that, in Costa Rica, even though the disciplinary power that the employer has is recognized, It is limited in this matter, by restricting its action to the existence of an internal regulation, which must be previously approved by the Ministry of Labor and Social Security (MTSS in Spanish); however, Costa Rican jurisprudence has established that suspension of work without pay as substitute for dismissal without employer responsibility, implying that the sanctioned offense must be of equal gravity to a fault committed for dismissal without employer liability. The law defines a maximum of 8 days, in which, although the employment contract is suspended by the sanction, the worker accumulates seniority, maintaining the existence of the employment link, despite the suspensive condition of the contract.

The suspension of the worker as a disciplinary measure

It is important to stress that the suspension as a disciplinary measure should not be used lightly, because you can only resort to such a measure to sanction a fault that merits dismissal without employer responsibility, and provided that the corresponding procedure is carried out as we have already indicated.
Also, it is important to take into consideration that the sanction as a disciplinary measure is a “clean slate”; that is, imposing the suspension without pay, as a temporary measure, erases all the disciplinary history that the worker has accumulated during the employment relationship.
In addition, unless the company has internal work regulations, the employer cannot assign the suspension to specific offenses, other than those stipulated in Article 81 of the Labor Code, which details the serious offenses that justify dismissal without employer’s liability.

Referring to the sanction for suspension without pay as an alternative measure to dismissal without employer responsibility, it must be reserved for the most serious cases, and should not be seen as an intermediate sanction between a warning and dismissal; this is due to the implications of using this sanction for the employer and its employees, given the negative pecuniary impact it has on the worker, so it must be substantiated and executed in written form, safeguarding the right to defend both – employer and worker – before an eventual process or claim.

If you need any help or just seek for advise, feel free to get in touch, we are here to help!  https://erplawyers.net/en/contact-us/

¿Todavía con dudas? Completá ahora el formulario y un abogado se contactará a la brevedad

We are sending your message...
We have sent your message successfully! We will contact you soon with youClose (x)
There was an error sending your message . please try again later.Close (x)

Let is start working together

Nos gustan los desafios. Estamos dispuestos a escuchar lo que tiene que decir.

Testimonials

WHAT OUR CUSTOMERS THINK

Throughout the years of experience we have delivered the best service and the best treatment for our clients, which has been translated into words of thanks from them. We share some of those words here

Search Icon

" We just wanted to say thank you and your team so very much for the professionalism, knowledge, and attention everyone has provides. we have been able to feel comfortable and know we are in great hands. "
Read more

Marla Renae Rahmin

Search Icon

" Attorney Eduardo Rojas and his highly competent team are the reason that my son has his father in his life. ERP Lawyers is a group of experts in international family law, and they are also compassionate through their practice of law. "
Read more

Eric Lentz

Search Icon

" We have really been impressed by the efficiency and professionalism of ERP Lawyers in providing the services requested. They have been very supportive of our company. We have been very satisfied, and we would not hesitate to recommend them to other people and companies. "
Read more

Adrian Gutierrez - CEO JOGO MERCADEO

Search Icon

" My experience with ERP Lawyers has been very satisfactory. They are very professional and extremely dedicated in each of their services. Their problem-solving skills are truly admirable... "
Read more

Eva Brenes Branch - Manager Ground Cargo Transportation

Search Icon

" Mundo Acuático decided more than 3 years ago to look for a firm that not only limited itself to providing us with the legal documents that were requested in different institutions, we wanted to have people who had vision... "
Read more

Daniela Solano - Manager Mundo Acuático

Search Icon

" I have been using ERP for almost 7 years. I have used Mr. Rojas and his team for family matters, residency, articles of incorporation, property puchases and investing in Costa Rica... "
Read more

Jason Roppolo

Search Icon

" Hello Eduardo, I am writing to complement your team is work in relation to my recent purchase of Condominium Unit. I was initially impressed by your team is mastery of the English Language. I have been in Costa Rica for 20 years and... "
Read more

William S

Search Icon
Search Icon

We just wanted to say thank you and your team so very much for the professionalism, knowledge, and attention everyone has provides.

Nos hemos sentido muy cómodos y sabemos que estamos en buenas manos.

I am glad Dominique entrusts you and that our paths have crossed.

We look forward to our continued relationship and being able to work with you and your experienced staff, particularly José, to help make our transition into a foreign country so much more comfortable knowing we are in the best of hands.

Marla Renae Rahmin

Search Icon
Search Icon

Attorney Eduardo Rojas and his highly competent team are the reason that my son has his father in his life.

ERP Lawyers is a group of experts in international family law, and they are also compassionate through their practice of law.

My son was abducted from the United States and taken to Costa Rica. If it weren’t for ERP Lawyers and their thorough efforts within international family law I do not think I would have been reunited with my son.

The sad fact is that family law in Costa Rica is wrongly biased towards mothers and can often violate human rights of a child to know their father.

While this is a widely known issue in Costa Rica it is immensely difficult for fathers to overcome the negative position that a father begins with in the family courts of Costa Rica.

Thanks to Eduardo Rojas and his team we were able to navigate numerous processes in order to allow my son the human right to be reunited with his father after many years

Eduardo Rojas, Jose Azofeifa, and ERP Lawyers displayed great teamwork, integrity, responsiveness, and flexibility to work with me internationally.

Moreover they were diligent and persistent in pursuing the truth through law practices that allowed my son to finally be reunited with his father.

I have Eduardo Rojas and his team to thank for future years where my son and I will justly be allowed to grow our relationship as father and son.

I give my highest recommendation to anyone needing expert and compassionate support in international family law.

Eric Lentz

Search Icon
Search Icon

We have really been impressed by the efficiency and professionalism of ERP Lawyers in providing the services requested.

They have been very supportive of our company. We have been very satisfied, and we would not hesitate to recommend them to other people and companies.

Adrian Gutierrez - CEO JOGO MERCADEO

Search Icon
Search Icon

My experience with ERP Lawyers has been very satisfactory.

They are very professional and extremely dedicated in each of their services.

Their problem-solving skills are truly admirable.

I definitely recommend ERP Lawyers to anyone looking for legal advice.

Eva Brenes Branch - Manager Ground Cargo Transportation

Search Icon
Search Icon

Mundo Acuático decided more than 3 years ago to look for a firm that not only limited itself to providing us with the legal documents that were requested in different institutions, we wanted to have people who had vision and could advise us on the different challenges and changes both Governmental and of the Private entity.

We are an SME that does not have a legal department, so it was very important to have lawyers to guide us, so that our company was always a step forward, both in administrative, labor, commercial and tax law.

It was a great pleasure to start working with ERP Lawyers and Associates, all our doubts and fears were covered, without neglecting the great kindness with which we have always been attended to.

Daniela Solano - Manager Mundo Acuático

Search Icon
Search Icon

I have been using ERP for almost 7 years.

I have used Mr. Rojas and his team for family matters, residency, articles of incorporation, property puchases and investing in Costa Rica.

ERP has consistently, been courteous professional and prompt in responding to any legal questions I have had about doing business in Costa Rica.I would highly recommend ERP to anyone that is looking to live or do business in Costa Rica.

Costa Rica is a great place to visit, live and do business and having the right counsel is absolutely necessary.

I cannot stress enough how impressed I have been with Mr. Rojas and his team.

If you are applying for residency, purchasing a home or have any questions about the way things work in Costa Rica, ERP is the best hands down.

They were initially recommended to me by the US Embassy and I have been extremely happy with them.

Jason Roppolo

Search Icon
Search Icon

Hello Eduardo, I am writing to complement your team is work in relation to my recent purchase of Condominium Unit. I was initially impressed by your team is mastery of the English Language.

I have been in Costa Rica for 20 years and normally speak Spanish 90% of the time, even with those who speak English.

I generally speak Spanish with everyone unless their English is better than my Spanish, which is not usually the case. I was also impressed with your team is attention to detail.

Over the course of the purchase, I had sent a couple of emails that contained a series of technical questions and they were answered in a precise and timely manner.

I have done a lot of real estate closings in the past, and I have more than once found errors in the closing statement. Given that I have an accounting background, I paid careful attention to the closing statement, which was perfectly prepared.

I was pleasantly surprised to see that no corrections were needed. At first, I thought it unusual to close in a MUCAP branch.

But I quickly discovered that the branch manager worked with us to quickly verify the fund is transfers and loan cancellation.

In any case, ERP Lawyers handled the entire closing very smoothly and professionally with the seller, the seller is attorney, and the bank manager and employees. In conclusion, I am happy to say that ERP lawyers did a great job

William S

Boton de cierre modal
Icono de Mapa

VISIT US

San José, Costa Rica. Sabana Oeste, de la CNFL 100 mts oeste y 100 mts norte, edificio de dos plantas a mano izquierda

New Branch:
Jacó, Putarenas, Costa Rica.Plaza Tangeri, Local #1

Icono de Teléfono

CALL US

+5062520-1122