A Bill Advances in Costa Rica That Would Prevent the Dismissal of a Worker If his Wife or Partner Is Pregnant

    Jurisdiction would cover the father of the minor during the stage of pregnancy and lactation

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    The Legislative Assembly’s Legal Affairs Committee ruled in favor of the bill that would prevent the dismissal of a worker if his wife or partner is pregnant. Project 21,468 was presented by the deputy of the National Restoration Party, Floria Segreda, and establishes the modification of articles 94 and 94 bis of the Labor Code and asks to add the jurisdiction to the working man, the father of the unborn child.

    “Employers are prohibited from firing workers who are pregnant or breastfeeding. Likewise, it is forbidden to fire workers when their wives or partners, with whom they live in a de facto union proven by a Declaration of De facto Union issued by a judge of the Republic, are pregnant”.

    It is added in said article that the option of dismissal in cases of serious misconduct is enabled and that people must notify their employers about the state of pregnancy by means of a medical certificate or proof of the Costa Rican Social Security Fund (CCSS). Regarding article 94 bis, it is added that if the employer applied an unjustified dismissal, the worker may request the labor court for his immediate reinstatement.

    Shared responsibility

    In her arguments on the proposal, the legislator indicated that the responsibility for the upbringing and well-being of children is shared and that it begins from the moment of conception and that, for that reason, it is necessary to guarantee economic income to “lead to a healthy creature development; for example: food, medical check-ups, training and financial obligations”.

    “Many times assuming that series of responsibilities ruin their work performance, since they constantly need to request leave to attend medical appointments or other tasks. The above, on some occasions, leads to refusals, a bad work environment, sanctions or dismissals, without the law protecting them,” said the deputy.

    Guaranteeing economic and emotional stability

    Faced with this situation raised in the bill, it is that the protection of the pregnant woman is also transferred to her partners so that they cannot be fired during this process (pregnancy and breastfeeding). The proposal “aims to guarantee economic and emotional stability and social security coverage for the family in this important period.”

    “That is why by protecting the work of the father of the family when his wife or partner, with whom he lives in a de facto union proven by a Declaration of De facto Union issued by a judge of the Republic, is pregnant, the rights are guaranteed. and protection for the family, as well as equality and the protection of the unborn child ”, adds the legislator.

    The bill was analyzed and endorsed by the Legislative Assembly’s Department of Technical Services, which applied some series of formal changes, for example, indicating that the jurisdiction would cover the worker’s husband or partner of the pregnant woman.

    It is added that by preventing the dismissal of the worker, it is possible to avoid a precarious economic situation for the mother or the newborn, this mainly in cases in which the man generates the only income for the household. Deputy Segreda presented the bill since 2019 and after the positive opinion in the Commission, it would be waiting to be discussed in the first debate in the Legislative Plenary.

    Resonance Costa Rica

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