Costa Rica: "To guarantee the labor rights derived from seniority"

This is a bill that seeks to reform the Labor Code to indicate: "The clause of the contract that tends to interrupt the continuity of the services provided or to be provided will be absolutely null." Therefore, it seeks to avoid "fraudulent" acts to simulate the interruption of the continuity of the employment relationship or to conceal said seniority and the corresponding calculation of such employment benefits.

The possible complication with this reform would be the difficulty of applying an effective settlement and rehiring, without this new rehiring being considered as a continuation of the initial employment relationship.

According to the explanatory statement of the bill, it arises with the intention of avoiding employers that:

• • Dismiss and rehire a person when they reach 3 months of seniority to apply the "trial period" figure and not pay employment benefits.
  • Who fraudulently use the figure of employer substitution to evade responsibilities for seniority payments to employees.