Constitutional Chamber declares firing due to prolonged incapacity unconstitutional.

December, 12, 2009

The Constitutional Chamber revokes article 80 of the Labor Code and article 50 of the Autonomous Regulation of the Legislative Assembly

The press office of the Judicial Branch informed today that an unconstitutionality action was declared successful by the Constitutional Chamber of the Supreme Court of Justice of the Republic of Costa Rica (Click here) that, simultaneously, ordered the cancellation of the opposed norms.

“This action is declared successful and consequently, articles 50 of the Autonomous Regulation of the Legislative Assembly and article 80 of the Labor Code are revoked for being unconstitutional, for being opposite to the right of health, of social security, of equality and to the principles of social justice, solidarity and special protection of the incapacitated and sick, contained in articles 21, 33, 50, 51, 72, 73 and 74 of the Political Constitution. This sentence has declaratory effects as of this date, except for the case that served as base for the present action of unconstitutionality”, constitutional resolution 2009-18356 established.

Article 80 of the Labor Code, which was revoked with this sentence, established that:

ARTICLE 80. - Once passed the period of three months referred to in the previous article, the employer will be able to consider the contract of work over, the worker being covered with the amount of advance warning, the aid of suspension and other indemnifications that could correspond to the worker by virtue of special dispositions”.

In other words, no employer can from now on fire a worker for prolonged incapacity, no matter how long the worker has been incapacitated.