Labor Law

You will find a group of lawyers specialized in labor law that will provide you with a personalized service in the correct advice and representation to protect your rights and interests. Whether you are an employer or a worker, we understand the importance of supporting you in protecting and defending your rights and interests.

We offer effective and comprehensive solutions through preventive advice to reduce the risk of unnecessary labor litigation and improve the overall organizational climate. With this proactive approach, we can help prevent contingencies before they become a costly and time-consuming problem for all parties involved.

Our team of professionals focuses on understanding the specific needs and objectives of each client, providing concrete solutions from the drafting of labor contracts, resolution of labor disputes, representation in a legal claim, calculation of the amounts corresponding to the rights, among others.

At Arista, we understand that labor issues can be stressful and overwhelming, however, our professionals will accompany you throughout the process, focused on making it as simple and agile as possible for our clients.

Our Services
Preventive counseling | Labor disputes | Litigation

Today's work environments present significant challenges for both employers and employees, and human resource management exposes all parties involved to unnecessary conflict and tension if no provision is made for it.

Labor problems can have a very negative impact on employee morale and productivity, as well as on the overall performance of the company or the employer's business. For this reason, it is important to address contingencies in a preventive and strategic manner, to prevent them from becoming major and uncontrollable problems.

The associated risks may occur because of a lack of proper follow-up of possible indications and for this reason it is extremely important that our professionals can provide specific and concrete solutions in areas such as: compliance with current regulations, development of internal policies and procedures, productivity, hiring, conflicts, dismissals, social security, controls, salaries, dismissals, among others.

Arista, provides a preventive, detailed and exhaustive study, with the objective of evaluating the possible and probable scenarios, which allow to determine preventive solutions and the implementation of control and follow-up mechanisms, anticipating conflicts can be the best investment in time and resources in order to avoid future unnecessary and exhausting conflicts for all parties involved.

Now, in the event that the labor dispute has turned into litigation, it should be clarified that labor litigation refers to disputes arising between an employee and his employer, which may be of different types, such as unjustified dismissals, discrimination, labor harassment, breach of labor contracts, payment of wages and social benefits, working conditions, occupational health, among other issues. The cases themselves can be complex and may require the intervention of lawyers specialized in labor law.

In Costa Rica, labor litigation can be resolved in different types of judicial processes, in which different procedural stages must be overcome, such as: filing of the claim, defense, conciliation, hearings for the presentation of evidence and complementary evidence, sentencing, appeals, execution of the sentence, among others. The process may involve several hearings to be held, testimonial evidence, expert opinions and the presentation of relevant documents. Therefore, it is essential to count on our team of professionals specialized in the area to ensure the defense of your rights and interests at any stage of the process.

Ordinary and special proceedings | Precautionary measures

The ordinary labor process is the concatenation of procedural acts that takes place in the labor courts and tribunals of Costa Rica when a worker or an employer files a lawsuit.

This process is governed by the Labor Code, which was reformed with law number 9343, which entered into force in 2017 and its regulations.

The process begins with the filing of a lawsuit by the worker or the employer before the labor jurisdiction. The complaint must include information on the subject matter of the dispute, i.e. what is to be resolved, including the relevant facts, evidence and specific claims.

Once the lawsuit is filed, the court notifies the other party and gives it the opportunity to file an answer and/or even allows the other party to counterclaim. After both parties present their responses and evidence is offered, the judge will hold an oral and public hearing to verify if there is a possibility of conciliation. If no satisfactory agreement is reached, the judge hears the arguments and examines the evidence offered by both parties.

After the hearing, the court, after evaluating all the proceedings, arguments and evidence, within the time fixed by law, must issue a judgment to resolve the merits of the case. With this procedural act, the stage for filing appeals against this judgment begins.

When issuing a judgment and resolving the merits of the case, the Court may include an obligation to give, do or not do some conduct, i.e., it could oblige the employer to pay back wages, labor benefits or other compensation to the worker or in the case of the worker, in the same manner, for example, to pay the notice not given upon sudden resignation.

However, there are also special proceedings, which are used in the judicial sphere to deal with cases that, due to their special characteristics, cannot be adequately addressed through ordinary proceedings. This type of procedure is used to respond to situations that require special and differentiated treatment, with the objective of guaranteeing effective judicial protection.

In the special procedure, the aim is to simplify the process, avoiding unnecessary requirements and stages that could delay the process and/or hinder its resolution. Therefore, it adapts to the particularities of each case, establishing the necessary measures to achieve a prompt and effective solution to the dispute. Some examples of cases that can be handled through a special procedure are: small claims, protection of special jurisdictions and due process, distribution of benefits of deceased workers, authorizations, procedures for the restitution of workers who suffered work-related risks and reinstatement of legal origin, among others.

Also, it should be remembered that there are precautionary measures, which is an accessory process, a judicial procedure that seeks to guarantee the object that is discussed in the merits of the ordinary or special labor process, temporarily protecting the object that is discussed, as well as the rights and interests of our clients while a judicial conflict is being resolved.

In other words, precautionary measures are legal tools that allow the temporary protection of a person's rights in situations where the delay in the final decision of the process may cause damage.

Some examples of labor precautionary measures may be the reinstatement of the worker in his job while the conflict is being resolved, the suspension of a disciplinary measure, suspension of the effects of a disciplinary act or dismissal, the payment of back wages or the prohibition of conduct detrimental to the worker, among others.

Review and development of internal regulations | Contracts

A regulation and an employment contract are two different but complementary legal documents used in companies to regulate the conduct of workers and establish the terms and conditions of the employment relationship.

The work regulations are a set of internal company rules and guidelines that establish the rules of conduct and actions of workers in the workplace. Its objective is to guarantee a safe, productive and respectful work environment, establishing the rights and responsibilities of workers and the company.

The regulations may address issues such as working hours, punctuality, proper attire, use of electronic devices during working hours, use of the internet and social networks, privacy in the workplace, harassment and discrimination, among other issues important to the well-being and productivity of the company and its employees.

This document is legally binding and must be respected by both the company and its employees.

On the other hand, the employment contract is a legal agreement between an employer and an employee that establishes the terms and conditions of the employment relationship. This document establishes the responsibilities and obligations of both parties, and may include information such as the duration of employment, salary or remuneration, working hours, working conditions, employment benefits, employee responsibilities and functions, confidentiality and intellectual property obligations, causes and procedures for termination of the contract, and other provisions relevant to the employment relationship.

The contract is legally binding and protects the rights and duties of both parties. In addition, it can be used as evidence in the case of labor disputes or lawsuits in court.

At Arista, we offer high quality and effective consulting services and drafting of labor regulations and contracts.

We have a team of experts in labor law that will advise you and provide you with the best option of regulations and contract for your needs. The process is fast and efficient, allowing our clients to ensure that the documents comply with all applicable labor laws and regulations.

A well-structured, high quality contract and regulations protect both the employer and the employee in the event of any future conflict.

Wages | Working hours | Schedules | Settlements | Payoffs

Salary and working hours are fundamental issues, that the salary is commensurate with the work performed, the level of experience and training of the employee, and that applicable labor regulations are respected.

In addition, it is important that employers comply with their obligations regarding the timely and full payment of wages, which is fundamental to maintaining a healthy and stable labor relationship.

Labor laws and regulations establish the limits of the workday and working hours, as well as the minimum wage that workers must receive for their labor, in order to protect workers' labor rights and ensure a safe and healthy work environment.

The right workday and work schedule can help reduce the risk of fatigue, stress and accidents at work, and improve the quality of life of workers, among other aspects.

On the other hand, the liquidation of labor rights is a crucial issue to guarantee the respect and protection of workers' rights. The liquidation must reflect in a clear and detailed manner all the concepts and amounts that the employer must pay to the employee at the end of the labor relationship, and must be in accordance with the applicable labor regulations.

It is important for workers to know their rights regarding labor settlement, and for employers to comply with their obligations in a transparent and timely manner. At Arista, we have a team of experts in labor law that will advise you and provide you with the best option for your requirements, whether you are an employee or an employer.

Our specialized services include the preparation of labor settlements and the analysis of remuneration schemes, ensuring that they comply with current labor regulations and avoiding possible sanctions and fines by the labor authorities.

In summary, the salary, working day, working hours and settlement of labor rights are fundamental aspects in any labor relationship, so it is important to count on our specialized legal advice.

Internal procedures (disciplinary, sexual and labor harassment, others) | Reprimands | Suspensions | Dismissals | Dismissals

An internal labor procedure is a set of procedural acts established by a company and the applicable legal regulations to regulate the conduct of its employees and address any violations of the company's labor policies and standards.

This procedure is designed to maintain order and resolve a number of workplace disputes.

An internal labor disciplinary procedure typically includes a series of steps to be followed when a possible violation of the company's labor policies and standards is detected.

These steps may include an investigation, an internal hearing or trial, and a decision or sanction. In our firm we offer specialized solutions in the implementation of internal procedures in sensitive issues such as disciplinary procedures, sexual and labor harassment cases, and others.

We have a multidisciplinary team of experts who will advise you and provide you with the best option for your needs.

At Arista, we understand that these types of procedures can generate tensions and emotional burdens for our clients, and for this reason, our lawyers specialize in making the processing of these matters as fast as possible, always protecting the rights and interests of our clients. Through our services, we ensure that your company's internal procedures comply with applicable labor laws and regulations, reducing the risk of potential lawsuits and penalties.

In terms of disciplinary measures, an employment reprimand is a formal written or verbal communication issued by an employer to an employee who has violated a company work rule or policy. A reprimand is usually the first step in the disciplinary process and is used to warn the employee of inappropriate behavior and to indicate that a change in behavior is expected.

In general, a reprimand carries no employment consequences beyond serving as a written record of the employee's conduct.

An employment suspension, on the other hand, is a more serious disciplinary measure that involves the temporary suspension of the employee from his or her job duties for a specified period of time. A suspension is applied when an employee has committed a serious violation, such as misconduct or failure to comply with important work policies. During the suspension, the employee may be penalized by not receiving remuneration and may not attend the workplace. In general, the duration of a suspension is established according to the seriousness of the infraction committed.

Finally, termination of employment is the termination of an employee's employment contract by the employer. A termination can occur for various reasons, such as poor performance, violation of work policies, inappropriate conduct, among others.

The employer must follow the applicable legal and labor procedures to carry out a dismissal, and it is important that the reason for the dismissal is justified and supported by documented evidence.

Advice and support in the preparation and management of payrolls (C.C.S.S.)

The preparation of labor payrolls before the Costa Rican Social Security Fund (C.C.S.S.) is a necessary process to comply with the obligations established in the applicable norms and laws.

The labor payroll is a document that contains information on salaries, social security contributions and other employee data, which must be reported and submitted monthly to the C.C.S.S.C.

The C.C.S.S. is the institution in charge of administering the social security and pension system in Costa Rica. Employers must pay a series of social security contributions, including social security and pensions, on a monthly basis for each of their employees.

In order to comply with these obligations, employers must file a labor return, detailing the wages earned by employees and the corresponding contributions.

The preparation of the labor payroll involves the collection of detailed information on employees' salaries, deductions and social security contributions, and its submission in a specific format of the C.C.S.S. It is important that this information be accurate and submitted within the established deadlines to avoid fines and penalties.

At Arista, we provide high quality solutions. We have a team of experts in labor law that will advise you and accompany you in the correct management of the processing of the payroll.

We focus on making this process as fast and efficient as possible in order to avoid unnecessary costs for our customers.

Employer delinquency, payment arrangements, remission, fines and interest on debts owed to the C.C.S.S.S.

Employer delinquency refers to the employer's failure to comply with the obligations established by law in relation to the payment of employer social security contributions, school salary, profit sharing, among others.

This delinquency generates an employer's debt that must be paid to avoid penalties and fines.

In order to resolve employer arrears, the Caja Costarricense de Seguro Social (C.C.S.S.) offers employers the possibility of negotiating a payment arrangement.

This agreement establishes a payment plan to be agreed between the parties according to the economic possibilities of the employer.

Forgiveness of the employer's debt may also be an option, but it applies only in exceptional cases and under certain conditions established by the C.C.S.S.C.

Fines and interest are penalties applied to the employer when the employer is in default. The C.C.S.S. applies a delinquent interest rate and a penalty for each month of delay in the payment of employer obligations.

These penalties and interest can accumulate and significantly increase the employer's debt.

At Arista we provide high quality solutions. We have a team of experts in labor law who will advise you and accompany you in the correct management of payments and arrangements with the C.C.S.S.

We focus on making this process as fast and efficient as possible in order to avoid unnecessary costs for our customers.

Calculation of labor rights

The calculation of labor rights is a process that takes place when an employee leaves his or her job and is entitled to receive compensation for vacation, Christmas bonus, notice, severance, and any other right acquired for the time worked in the company.

To calculate an employee's labor rights, it is necessary to collect detailed information on the time worked, base salary and bonuses received during his or her time with the company. Once this information has been obtained, the corresponding calculations can be made to determine the amount to be paid to the employee for his/her labor rights.

In some cases, labor rights calculations can be complex and require the advice of our labor law experts. It is important that the calculations are made correctly and the corresponding fees are paid, in order to avoid legal problems and penalties in the future.

At Arista, we have a team of experts in labor law that will advise you and provide you with the best process and solution for your requirements. We have a team of lawyers specialized in the calculation of labor rights that will allow a fast and efficient process.

Do you need help in labor issues?

At Arista Costa Rica we have the team of experts that can provide you with the representation and advice you need! Contact us today to schedule a free consultation to learn how we can help you.
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