Littler Global Guide – Costa Rica – Q2 2021

Public register of persons who have engaged in sexual harassment

New legislation enacted

On April 29, 2021, Law 9969 entered into force. This law amends the law against sexual harassment in the workplace and in education, to require all employers, in the public and private sectors, to keep a register of all persons sanctioned for engaging in sexual harassment. At work. The register should identify the individuals sanctioned and the disciplinary measure imposed (and when), but should not identify the victim. The registry is accessible to anyone with a legitimate interest, so that anyone, even third parties, can request access to the registry.

Amended law allows employers to further reduce working hours

New legislation enacted

On May 17, 2021, the Legislative Chamber amended Law No.9832 to allow employers affected by the COVID-19 pandemic to reduce employee working hours, which our system previously prohibited. The amended law allows employers in the tourism and transport sectors, as well as other industries, to continue to seek permission to reduce working hours. Employers can now apply for four additional authorizations of three months each, up to twelve months of reduced working time. Employers should continue to seek permission from the Ministry of Labor and would be well advised to seek a lawyer to determine the appropriate basis for doing so.

Bill on the overhaul of labor relations in the public sector

Bill or initiative

The Legislative Chamber approved, in the first debate, a bill which almost completely revises the management of labor relations in the public sector. Among other changes, this bill would replace the “bonus system” for wages in the public sector, where employee incomes have many components that increase exponentially over the years and can create inequalities vis-à-vis the sector. private, through a “global salary plan” which eliminates these components. If the bill authorizes constitutional revision, it will be the subject of a second debate and a new vote before becoming law.

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