Friday, 30 October 2020

Suspension of contract is removed when women become pregnant

The employer must check the woman's pregnancy status so that she returns to work 100%.

Due to the economic crisis of COVID-19, many workers have seen their working hours reduced, their contracts suspended or even terminated. However, pregnant women are protected in this situation.

If a worker becomes pregnant, the employer cannot suspend or terminate their work contract and is obliged to return her immediately to her work 100% after the pregnancy, if her health condition allows it.

- Advertisement -

This is ensured by Article 6 of the Authorization Law for the Reduction of Work Days (Ley Autorización de Reducción de Jornadas de Trabajo) approved in April.

The protection extends also to businesses that have shut down due to the national emergency.

Paola Gutiérrez, a labor lawyer, explained, in these cases the measure that would be applied to avoid breaking the law is to recognize the payment of her regular salary. This so that there is no affectation.

“Let’s talk, for example, about a hotel that is completely closed. This special protection would apply to her if she had reported the pregnancy, where she could not be affected by the measure (the shutdown),” said the lawyer.

- Advertisement -

However, there is a debate on this issue. The argument put forth by some labor lawyers is that the assumption was not considered by the legislator when approving this protection, so the case may have to be decided by a judge.

However, Gutiérrez assures that to avoid the risk of a court battle, the full salary should be paid.

- Advertisement -
Q Costa Rica
Reports by QCR staff

Related Articles

17 Years In Prison For Removing or Breaking A Condom Without Consent

Removing the condom or deliberately breaking it in the middle of...

Unions are opposed to being notified by email

Bill 21.049 being currently discussed by the Comisión especial de huelgas...

MOST READ

COVID-19 in Costa Rica: 1,372 new cases and 30 deaths for Sunday and Monday

QCOSTARICA - The report Monday by the Ministry of Health detailed 1,372 new cases for 48 hours from Saturday to Monday, for a total...

One-year-old boy with COVID-19 has been in ICU for more than a month

QCOSTARICA - A one-year-old boy with the new coronavirus, has been in the Intensive Care Unit (ICU) of the Hospital Nacional de Niños (HNN)...

How the Venezuelan Diaspora Is Leaving Its Mark

Q24N - The Venezuelan exodus has already surpassed the 5 million mark according to UNHCR estimates, with Latin America, North America, and Europe being...

Surge in speeding and reckless driving in Costa Rica during pandemic

QCOSTARICA - "Fast and Furious" is one way to describe some drivers on the roads during the pandemic, using the near empty streets as...

Central Bank continues efforts to stop the rise in the dollar exchange

QCOSTARICA - The Banco Central de Costa Rica (BCCR) - Central Bank - continues its policy of intervention, in an effort to stop the...

Will we see the 50% reduction in the 2021 Marchamo? I think so, yes…

RICO'S TICO BULL - On Thursday, on the legislative agenda was the thing (bill) about the reduction of the 2021 Marchamo. Had it been...

Let's Keep This Going!

To be updated with all the latest news and information about Costa Rica and Latin America.

Log In

Forgot password?

Forgot password?

Enter your account data and we will send you a link to reset your password.

Your password reset link appears to be invalid or expired.

Log in

Privacy Policy

Add to Collection

No Collections

Here you'll find all collections you've created before.