The strike in Costa Rica
Strike action, like any workers’ right, is regulated by the Labour Code. Its numeral 371 defines it as the concerted and peaceful suspension of work in a company, institution, establishment or work center, agreed and carried out by a plurality of at least three workers, representing more than half of the votes cast in accordance with article 381, by the employees involved in a collective labour dispute. This same numeral establishes that the purposes of the strike are twofold: the defense and promotion of their economic and social interests or the defense of their rights in the collective legal disputes referred to in article 386.
The holders of this right are Costa Rican workers, however public services cannot go on strike; article 376 lists them. As all rights must be exercised responsibly and must meet the requirements of the code itself, these are found at 377.
With respect to their effects, strikes that are legal suspend employment contracts in force for the duration of the strike. If it is declared illegal, the employer can terminate the employment contracts of the parties involved without employer liability. Any strike that does not meet the requirements or provisions set forth in articles 381 to 386 of the Labor Code is illegal.
José P. Masis Artavia
Partner
García & Bodán
Costa Rica