Littler Global Guide - Costa Rica - Q2 2023

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Constitutional Chamber of the Supreme Court of Justice Allows Employers to Appeal Decisions that Reinstate Employees

Precedential Decision by Judiciary or Regulatory Agency

Author: Marco E. Arias, Partner – BDS, Member of Littler Global

On May 17, 2023, the Constitutional Chamber of the Supreme Court of Justice announced that the Court had partially ruled in favor of an action brought forward to declare certain provisions (or the lack thereof) of the Code of Labor as unconstitutional. In its ruling, the Constitutional Chamber held that failing to allow employers to appeal a lower court's decision to reinstate terminated employees as an injunctive measure, the Code of Labor is depriving employers from their constitutional right to appeal the decision to a higher court. Once ruling No. 11481-2023 is officially drafted and published, it will be enforceable.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.