The base salary for year 2017, per agreement No. 113-16 of
December 20, 2016, of the Supreme Council of the Supreme Court of
Justice, that has been published in the Judicial Bulletin No. 07 of
January 10, 2017, to define the penalties for the commission of
various criminal figures, as well as, those contained in other
laws, is the amount of four hundred twenty-six thousand two hundred
colones (₡ 426,200.00).
The base salary for the year 2016 was four hundred twenty four
thousand two hundred colones (₡ 424.200.00).
The amount of basic salary applies to determine the economic
penalty attributed by the Labor Code to employers and workers,
among others, for actions or omissions that transgress the norms
foreseen in the Conventions adopted by the International Labor
Organization, ratified by the Legislative Assembly, and the norms
foreseen in the Code and in the Social Security Law. "These
faults are sanctioned with fines ranging from a base salary to
twenty-three base salaries."
As of July 26th, 2017, the Law No. 9343 from January 25th, 2016,
will be in effect (Labor Procedural Reform). This Law amended the
articles of the Labor Code concerning violations of labor laws. The
Law maintains the minimum and maximum amount of basic wages to be
imposed for violations of labor laws but goes on to define, for
some faults, the minimum amount of basic wages to be imposed on the
offender. This Law also indicates that the employer's
representative of an employer legal entity, is liable for offending
conducts, making the company jointly liable for the fines.
From the immigration point of view, the updating of the base
salary increases the amount for the calculation of the fines
imposed by the Migratory Law, for employers that provide work to
foreign citizens that are not qualified. This Law indicates that
physical persons or the representatives of legal entities, public
or private, that provide work or occupation to foreign persons not
qualified, to work in the country or perform activities other than
those authorized, will be sanctioned with a fine that will be
between two and up to twelve times the amount of a base salary. It
also indicates that the amount of the fine will be determined per
the seriousness of the facts and the number of foreign citizens who
are granted work on an irregular condition.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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