Public Labor

Law Practice

The Public Labor Law practice of BDS Asesores specializes in corrective and preventive labor law advisory for the public sector, regardless of the applicable employment regime (whether public or mixed).

Our practice combines Constitutional Law and Public Labor Law, which in addition to our other features, allows us to provide a distinctive service offer in Costa Rica.

Service Approaches:

LABOR
ADVISORY

 

PUBLIC PROCUREMENT

 

TRAINING

Some of our services in labor topics include
  • Preventive and corrective advisory on labor issues (including the issue of legal opinions and assistance throughout different procedural stages, where necessary).
  • Diagnostics on labor topics.
  • Advisory in the implementation of the “Public Administration Salaries Act”, the “Framework Public Employment Act” and other applicable regulations for the Public Sector.
  • Creation and/or update of internal regulations and different labor policies.
  • Collective bargaining / collective agreements (including the analysis and previous steps to the negotiation, assessment and proposal of regulations, assistance at the bargaining table or direct involvement as part of the team of employer’s delegates, counseling during the post-bargaining stages).
  • Analysis of compensation schemes.
  • Addressing collective labor disputes (strikes and others).
  • Addressing and/or counseling in penalty procedures, including mobbing procedures.
  • Addressing judicial proceedings.
  • Implementation of telework (regulations, instruments and others).
  • Review of work shifts and work schedules.
  • Development and coordination of internal restructuring processes.
  • Support to companies concerning trade union-related topics.
  • Assisting companies in administrative procedures before the Costa Rican Social Security Administration.
Advisory and handling proceedings on public procurement matters
  • Detection and reporting of business opportunities.
  • Assessment of the conditions established in bidding tenders.
  • Drafting and submission of bidding clarification enquiries.
  • Drafting of notary documents and contracts (legal status and incumbency certificates, signature authentication, several certifications, etc).
  • Drafting of consortium agreements, subcontracts, permanent seasonal employment agreements for particular procurement processes.
  • Drafting and assistance during the submission of bidding offers.
Assistance and representation services to address legal remedies before administrative authorities
  • Addressing remedies of opposition, reversal and/or appeal before the Administration or before the Office of the General Comptroller of the Republic.
  • Defending clients in connection with favorable awarding acts at hearings with the Administration.
Legal representation in civil, penalization or judicial procedures
  • Addressing judicial contentious-administrative processes.
  • Contract termination and rescission.
  • Application of fines or penalty clauses.
  • Disqualification and warning penalization procedures.
  • Enforcement of participation or performance guarantees.
  • Claims for the collection of interests during contract performance.
  • Claims for compensation in the event of contract amendments or suspensions.
  • Assistance for the return of participation or performance guarantees.
Open Sessions
  • The ABC of labor law.
  • Labor Law refreshment course.
  • Employment and non-employment agreements.
  • Good practices concerning social security and occupational risk matters (CCSS and INS)
  • Employer powers.
  • Discrimination, sexual harassment and mobbing.
  • Base salary and pluses: analysis of the compensation scheme in the light of Act 9635: “Strengthening of Public Finances”.
  • Framework Public Employment Act.
  • Collective bargaining: aspects to be considered when negotiating collective conventions for the public sector.
  • Types of disciplinary procedures and where should be applied.
  • Permits and leaves of absence: implications for both workers and employers.
In-house Sessions

We provide in-house training on labor matters, based on the requirements of each institution and its specific needs.

The foregoing will be useful in case of being awarded through the corresponding public procurement mechanisms.

This type of training may be given at the work centers of the institution, hotels or at the offices of BDS Asesores, for groups of less than 40 people.

Some of the topics to be covered may include:

  • Service outsourcing.
  • The ABC of labor law in mixed employment relationships.
  • Exercise of disciplinary power.

*All topics for open training sessions may be given under the in house modality, and may be adjusted to address the specific needs of the client.

Work team:

Marco Durante

Marco Durante

Managing Partner

Ronald Gutiérrez

Ronald Gutiérrez

Public Employment Partner

Marcela Marceth

Marcela Marceth

Attorney at law

Isaac Quesada

Isaac Quesada

Attorney at law

Adriana Carmiol

Adriana Carmiol

Attorney at law

Competitive Advantages:

We have extensive experience in advising, training and managing projects for public sector clients. We have gained experience from serving over 50 institutions that have been counseled and/or represented by us, as the leading law firm in labor advisory for the public sector.
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Our law firm specializes in labor law based on our 25-year experience. We are part of Litter Global.
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The Public Labor Practice specializes in labor advisory to the Public Administration in a broad sense (centralized, decentralized, State-owned companies, non-State public entities, deconcentrated government bodies, federations, etc).
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We provide employers with services on an exclusive basis, which eventually prevents emergent conflicts of interests.
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We are a source of reference for different national media outlets on current labor topics for the public sector.
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We have a communications and audiovisual production team available for clients for training and staff communication purposes as well as for the presentation of criteria issued for the relevant workers designated by the concerned institution.

Contact US