Time limit: By law, there is a statute of limitations to apply disciplinary actions which obliges to execute the decision within the next month from the date in which the employer learned about the infringement.
Internal rules: Internal rules and policies must be documented and previously acknowledged by employees to be enforceable.
Scale: different disciplinary actions will apply considering the specific conditions of the case, and the seriousness of the breach (minor, moderate, serious, very serious), such as:
- Verbal call of attention: First step for minor breaches.
- Written warning: Formal written notice to prevent repetition of the breach.
- Warning with indication of consequences (in Spanish, ”apercibimiento”): States that repeating conduct may lead to dismissal.
- Suspension as a disciplinary measure (exceptional): Unpaid suspension may be used as an alternative to dismissal when cause exists.
- Dismissal without employer’s responsibility (termination with cause): Applicable for serious or very serious breaches under Article 81 of the Labor Code (or comparable serious breaches). The employee loses severance and notice compensations, which are paid in a dismissal without cause (at the employer’s will).
Legal risks: Improper handling of disciplinary actions can create significant legal and financial exposure, such as payment of damages for harassment claims. To prevent legal contingencies, disciplinary actions should be correctly applied, detailed and ideally prepared by legal counsel experienced in Costa Rican labor law.