Por: Alma Monterrey
Vote 2021-025441 issued by the Constitutional Chamber of Costa Rica indicates the importance of the distinction we must make between the labor certificate and the dismissal letter, based on article 35 of the Labor Code.
The first one includes dates of entry and exit, and the type of work performed and/or in case the work requires it, he/she may request that how he/she worked and the causes for the withdrawal or termination of the labor relationship be included in such certificate.
The second (i.e. the letter of dismissal) currently contemplated by the law, is when we are in the presence of dismissal with or without the employer’s liability.
Although both documents are issued by the employer, the labor of certificate is left to the employee’s to request it, once requested its delivery is mandatory, and the letter of dismissal is indicated as a mandatory condition for the employer.
When we are in the presence of dismissal without employer responsibility, the worker has the right to know the reasons for such dismissal to determine whether or not to go to court to claim the labor rights. Therefore, this document becomes a transcendental element in case of dismissal without employer responsibility and it must be so so that from the date of termination both parties are clear about the reason for the dismissal and the details of the facts on which it is based. The foregoing, to avoid changes in the reasons for dismissal or situations that limit the dismissed employee’s possibility of resorting to judicial proceedings to claim his rights.
In the case of dismissal with employer responsibility, it is sufficient that the document terminating the employment relationship (letter of dismissal) is delivered to the interested party, so the employer doesn’t need to deliver the labor certificate to the interested party.
Our team at LatinAlliance Costa Rica can help you with any questions or processes related to the subject through the communication channels indicated on our platforms.