Law for the protection of whistleblowers and witnesses of acts of corruption against labor reprisals.

In a significant step in the fight against corruption, Law 10437, titled "Law for the Protection of Reporters and Witnesses of Acts of Corruption against Labor Retaliation," was published in Gaceta 24 on February 8th, 2024.

The law's objective is to protect:

• Whistleblowers and witnesses of acts of corruption from any workplace retaliation without the need for the complaint to be proven.
• Anyone can report acts of corruption in both the public and private sectors without being obliged to maintain confidentiality.
• They include suspensions, dismissals, unfavorable changes in working conditions, and discrimination.
• A special jurisdiction is established for complainants and witnesses, preventing changes in their working conditions without justification and prior approval.
• Free access to legal advice and a summary process for claims for workplace retaliation are guaranteed.
• Employers who engage in retaliation may face significant fines depending on the severity of the action.

The law involves reform of the Labor Code and other laws related to corruption and employment.

The law comes into effect immediately and establishes a period of 12 months for its regulation.

This new legislation seeks to promote a work environment free of retaliation for those who act against corruption, strengthening reporting and protection mechanisms.

See:

https://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas

The crime sheet will apply new parameters for canceling trials.

This modification is due to the reform of Article 11 of Law No. 10.435, "Law to Strengthen the Judicial Registry," which adjusts and extends the deadlines for canceling the annotations of final sentences issued by the competent courts in criminal matters.

This change is informed to the population so that they take into account that the certification of trials, or "crime sheet," will be issued considering these new parameters of trial annotations as of the publication of Scope No. 50 of Gazette No. 45 of March 8th, 2024.

The crime sheet will apply new parameters for canceling trials, as established in the recent regulations as of March 8th, 2024.

In accordance with this reform, the certification will now record the existence of current trials.

It is important to highlight that the delinquency sheet will be issued in accordance with the new parameters used to cancel the judgments contained in the certification when requested.

If a judgment certification for labor purposes is requested, only the current judgments mentioned in sections d) and e) of Article 11 of the law will be included in the certification.

These sections establish the deadlines for canceling trials once the sentence has been served, depending on the seriousness of the crime and the time that has passed since the sentence was imposed.

See:

https://pj.poder-judicial.go.cr/index.php/hoja-de-delincuencia-aplicara-nuevos-parametros

Regulations to the Law on Certificates, Digital Signatures and Electronic Documents.

The Ministry of Labor and Social Security. (MTSS – as its acronym in Spanish) has recently highlighted the importance of differentiating between digital and certified digital signatures, highlighting the greater legal security that the latter offers, as established in Article 8 of the Law on Certificates, Digital Signatures, and Electronic Documents.

The MTSS Legal Affairs Directorate maintains that companies can use technology to document labor relations as long as they guarantee verification of the document's integrity and clear identification of the author.

This approach seeks to offer legal protection in accordance with the aforementioned regulations. However, we warn about the risks associated with using signatures through other technological means, so it is suggested to prefer a certified digital signature to prevent possible complications.

In the private sphere, the parties can use the principle of autonomy of will to define the mechanisms to be used internally.

See:

https://jadelrio.com/storage/Boletines/CostaRica/Boletin12/ReglamentoFirmaDigital-Ley8454.pdf

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