Category Archives: Analysis

Why a background search is not enough?

When a company wants to market its brand, it must take into account several prior considerations to determine whether the use of the brand infringes rights of third parties, or, if its use goes against the requirements contained in trademark legislation. Erroneously, these considerations are often not addressed until after the company has already invested…

The New Criminal Code in Honduras: An Advance or a Setback?

There has been much speculation—none of it idle–about the publication of Friday, May 10, 2019 in the Official Gazette of the Republic of Honduras (La Gaceta) because that day Hondurans realized that Decree 130-2017 containing the new Penal Code, the substantive regulation that regulates crimes and penalties in our country, was published. With six months…

Dismissal for Messages on Facebook: No Violation of the Privacy and Privacy of Communications

In a recent resolution of the Second Chamber of the Supreme Court of Justice (2018-000776) a case was resolved on the permissibility of dismissal without employer responsibility, where the legality of the evidence on which said dismissal was based was questioned. This case has as background a conversation that the worker published, along with another…

Costa Rica: Small Country, Big Decisions

Costa Rica, a country of 51,060 square kilometers (19,714 sq. mi.) with a population of approximately 5 million, has recently appeared in the media for its achievements on the management of the COVID-19 health crisis. The fact is that Costa Rica has been doing things differently for a while, and this small country has taken…

Application of technology in Labor Relations

From a legal perspective, it is considered that the laws are constantly changing, which requires that the Companies frequently update their knowledge and internal regulations. Nevertheless, the evolution of technology is faster than the evolution of the laws that regulate the labor relationships, because they do not go head to head and this is reflected…

FAQ: Work shifts reductions and changes in Social Security in Costa Rica

On Saturday, March 21, 2020, the Legislative Assembly of Costa Rica approved the law that allows employers to reduce the hours and wages of workers, as a measure of relief and support in the face of the Coronavirus pandemic. The law is to give an employer the ability to cut wages and hours by 50%,…

Business Opportunities for the Cultivation and Commerce of Cannabis in Costa Rica

The Costa Rican Government recently unveiled a plan to legalize and regulate the cultivation of hemp and medicinal cannabis in our country, as a key element for its economic reactivation. The commercialization of products containing CBD (including food, beverages, and cosmetics) is already permitted here, presenting an important business opportunity. Estimations are that the global…

Gender Self-Determination Name Change and Labor Relations

We must prepare ourselves to implement the changes that are required at the organizational level, related to the Supreme Electoral Tribunal Decree that will be published at any time in the Gazette, which gives the possibility of changing a name in accordance with gender self-determination to which each person is entitled.  Workplace preparation should focus…

Suspension of Administrative Contracts due to force majeure or fortuitous event.

For reasons of force majeure, or public interest, the Public Administration can declare the suspension of a contract (article 210 of the Public Contracting Regulations), the suspension of the contract’s term (207 of the Public Contracting Regulations) or even revoke the contract (article 11 of the Public Contracting Law and article 214 of its Regulations,…

Contract rescission of administrative contracts in the COVID-19 Pandemic.

Definition. What is contract rescission (termination)? It’s an unusual cause for contract termination. It’s caused by a variation in the agreed essential conditions which prevent contract performance, such as fortuitous event, force majeure or public interest reasons. Theses causes must be justified or proven. Termination is total. The parties dispense with the initial terms of the contract….