Santa Ana Municipality Workers in Costa Rica Will be Paid for Time They Were on Strike

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Back on September 25, judge Ileana Castillo Porras had ruled the strike “illegal” for employees of the Santa Ana Municipality; the labor union presented the corresponding appeal and today Judges José Adrián Calderón, Juan Carlos Segura and Manuel Rodríguez gave their resolution leaving firm the decision of illegality for these workers, however, the Municipality will not be able to collect the salaries paid during the 37 days of the strike.
The resolutions states that “the application of disciplinary sanctions and salary reductions in conformity with articles 379 and 385 of the Labor Code, cannot be applied retroactively, only to the future and from the moment the sentence is firm, once the 24 hour notice established by the procedures legislation is given to the employees with the purpose of renewing activities”.

In other words, once employees are notified they have 24 hours to go back to work, and if they don’t then at that point the deductions will be applied from that point on.
The major of the Santa Ana Municipality disapproved of the resolution as he considers it unfair for those employees that decided to continue with their work and even took on more tasks to handle the extra work left behind by the strikers.
The strike was considered illegal under the premise that the services provided by the Municipality are an essential service and, therefore, not providing them “could endanger the life, security or health of the person in all or part of the population” as stated by the International Labor Organization (ILO); she also sentenced that requirements established by law were not met, in this case the number of employees required in an institution supporting the movement.
 

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