These workers occupy positions that require a high degree of trust, autonomy, and access to sensitive or strategic information, as well as greater freedoms and flexibility. This differentiates them from other employees in terms of the regulation of their rights and obligations.
The concept of a trusted employee is regulated by the Labor Code in Articles 143, 159, and 382, as well as by the case law of the Second Chamber of the Supreme Court of Justice, which establishes a particular regime for this employment category.
A trusted employee is one who, due to the nature of their functions, holds a position that demands a special level of loyalty and confidentiality. These workers are typically involved in strategic decision-making, managing confidential information, and overseeing both administrative and legal decisions within the company. This role implies a labor relationship based on mutual trust between the employer and the employee, allowing the delegation of such responsibilities and decision-making. Key characteristics of trusted employees include:
The Labor Code outlines the general provisions governing the employment relationship, but there are specific nuances for trusted employees. With the reform of the Labor Code, the "loss of trust" was eliminated as a standalone reason for dismissing an employee. Therefore, as with other employees, the dismissal of a trusted worker without employer liability must be based on one of the reasons listed in Article 81 of the Labor Code.
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The figure of the trusted employee in Costa Rica represents a special category within labor law, characterized by a distinct legal regime that responds to the nature of the functions these workers perform. While their dismissal may be more flexible compared to other employees, given their greater responsibilities, there is also a corresponding higher duty to fulfill their obligations. It is essential that due process and fundamental employee rights are respected, as established by the Political Constitution of Costa Rica and international regulations. The regulation of trusted employees aims to balance the need for highly reliable personnel with the protection of fundamental labor rights, making this role a key component of Costa Rica's legal system.
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