QCOSTARICA — Earlier this month, on December 14, 2023, Costa Rica’s Legislative Assembly passed in second and final debate Ley No. 23,449 – “Protección de las personas denunciantes y testigos de actos de corrupción contra represalias laborales” (Law for the protection of persons who report or witness to acts of corruption, against labor retaliation).
Once the law is signed by President Rodrigo Chaves and published in the official government newsletter, La Gaceta, would allow complainants to go to court to avoid everything from dismissals to unfavorable changes in their working conditions.
– Advertisement –
It is the first law to properly create and regulate whistleblower protections in Costa Rica. Its regulation is also required, which in many cases takes time to enact, but this will not prevent its application.
Article 404 of the Labor Code (Código de Trabajo) specifies that employment discrimination is prohibited for reasons of age, ethnicity, sex, religion, race, sexual orientation, marital status, political opinion, ancestry, social origin, health condition, disability, union membership and economic situation. The reform will add filing complaints about acts of corruption or giving testimony about them.
According to the information from the prosecutor’s office, the complainants would be covered against dismissals, suspensions or equivalent measures; demotions or denial of promotions; unfavorable changes in working conditions (such as hours, workplace or remuneration); restrictions on promotions or job opportunities.
They would also be protected against coercion, ostracism or intimidation and harassment in their workplace; unfavorable or unfair treatment, early termination of an employment contract or non-extension of a fixed-term contract or for a specific work, when the causes that originated it subsist; cancellation of licenses or permits granted by the employer, and even other reputational, professional, financial and social, psychological and physical damages.
Read more: Costa Rica ranks second in Latin America in the fight against corruption
The requirements established for this special jurisdiction are basically two: that the person report an act of corruption and that they do so believing that the information they provide proves it, based on evidence and indications, or that they give testimony in an administrative process or criminal on corruption, or has been summoned for it.
– Advertisement –
The procedure to assert this protection involves the complainant going before the Labor Courts (Juzgados de Trabajo), in a process that will be very summary (that is, fast), and may do so with a lawyer they trust, or resort to a public labor defender.
The Labor Judge may issue precautionary measures to suspend the disturbances, reinstate the dismissed persons and provisionally relocate, and in exceptional cases, temporarily separate with pay the employee from whom the threat emanates, or the complainant, if this is the measure that best guarantees rights.
In addition, it may condemn the employer or the person who makes the threats, in the case of the private sector, with a fine of one to one hundred base salaries, if the retaliation was against a worker who reported an act of corruption within the company or before any public body, and from one hundred to one thousand base salaries, if the attack was against a complainant or witness in a case of corruption in a criminal proceeding in the public sector, the court may convict for administrative responsibility, with the possibility of dismissal without responsibility.
The law is intended to protect both complainants (whistleblowers) and witnesses against any type of retaliation in employment.
– Advertisement –
The law labels acts of the corruption as follows:
- Asking for or accepting any benefit or item with monetary value in exchange for any action or omission of public duties.
- Offering or granting any benefit or item with monetary value in exchange for specific actions or omissions from public officials or individuals performing public functions.
- Any action by a public official or individual performing public duties to unlawfully benefit themselves or others.
- The intentional attempts to hide or cover the benefits of any of the aforementioned actions.
- To participate as author, co-author, accomplice, instigator in the cover-up, or provider of support, in the aforementioned actions.
In addition, the law highlights other crimes already found in the Criminal Code and other laws, as being part of the definition of “acts of corruption” under this new law.
In an opinion column by Albino Vargas, head of the Asociación Nacional de Empleados Públicos y Privados (ANEP), one of Costa Rica’s largest and stronger worker unions, published in the Diario Extra, Vargas wrote, “We see great opportunities for a citizen offensive against corruption thanks to this law, in areas of public policy that are related to the private sector such as: construction of road and educational infrastructure, customs and tax fraud, health and social security, eco-environmental protection, financial-banking system, among others. We are very excited about the opportunities that this law opens up in defense of the republican institutions themselves.”
– Advertisement –
Source link
Rico
