By: Fred Jankilevich
Attorney At Law
October 15th – 2017
The new Labor Reforms to the present Labor Code in Costa Rica seek to maximize the procedural terms for both Employers and Employees. As a result, legal practitioners in Costa Rica should ponder about the long-term outcome of implementing such said reforms.
As part of the reform process, its worth remembering the Community Social and Employment Law policies of the European Union as a general framework for law and policy. In concrete terms, I encourage Legal practitioners in Costa Rica to meditate about how the Community Institutions compare presently to Costa Rican Institutions themselves.
In broader terms, the corpus of Community Policy facilitates uniformity at a regional level in the European Union, but the Central American region as a whole is still lacking in terms of unity in matters of labor and policy across the countries of the region that comprise it. Therefore, its worth mentioning the Charter of Fundamental Social Rights for Workers as a call to remembrance to legislators and policymakers in regards to how these issues should look on paper based on historical precedent, legal doctrine and as a framework or starting point for present and future legislative work.
While the extent to which a global labor reform is necessary locally can still be hotly debated, more resources dedicated towards a regular working group of expert advisors and panelists at the legislative level may be required.