Friday, 10 February 2023 02:17

Seeking to shorten labor lawsuit times with amounts of up to US$1,095

Written by Evelyn Alas

With 69 votes, the deputies of the Legislative Assembly reformed articles 378 and 425 of the Labor Code, with the purpose of speeding up and simplifying the processes in the Labor Courts. For this purpose, the amount of money required to have access to the jurisdiction will be increased.

The changes in the regulation establish that the amount of the amount will increase to three minimum salaries of the service and commerce sector US$1,095. Previously, the fee to obtain an abbreviated or regular proceeding was 200 colones US$22.86.

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This figure had been in effect since the creation of the Labor Code on June 23, 1972. To date, the regulations had not been updated by past legislatures.

Deputy Dania González "reiterated that the interest of this New Assembly is to modernize the different legal frameworks that are not congruent with the current reality. An example of this, for example, is that some laws still establish sanctioning frameworks in colones".

The current deputies voted in favor of the reforms studied in advance by the Labor Commission in order to shorten the time for employees to obtain a quick resolution.

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The changes approved also include the deadlines, so that three days will be provided for the issuance of the sentences; while the notification to the parties involved, six days (previously it was three).

Regarding fines, a minimum wage per day is contemplated when there is a delay in the issuance of the sentence (three days) and in the notifications to the parties involved (six days).

Failure to comply with these deadlines will result in a fine for the judge of the corresponding court, which amount will be of one minimum daily salary of the commerce and service sectors for each day of delay, unless such impediment is justified.

The impact of this reform would favor more than 40% of the workers, who are seeking to recover their labor rights, according to a study carried out jointly with the Procuraduría General de la República (PGR) and the Corte Suprema de Justicia (CSJ).

The difference between the sole instance trial and the ordinary trial is that the first one is shorter, because this process is known in its entirety by a court; while the second one is a process that requires more formalities: Complaint, answer to the complaint, conciliation stage, offer of evidence stage, preparatory hearing and trial.

The updated regulations will enable the appeal and consequently the cassation appeal in this process in order to guarantee the constitutional right to appeal and to be able to create jurisprudence.

 

Translated by: A.M