The dismissal due to low work performance

Abstract

The causes for a fair dismissal are regulated in the Labor Code, a closed system of causes of dismissal could be considered to be operating in Costa Rica. However, labor jurisprudence has indicated that it admits the possibility that other types of conduct which may not be specifically contemplated by law be sanctioned, as long as the employer can demonstrate that the fault is attributable to the worker, and that it has been a serious misconduct. Therefore, underperformance or low performance at work, despite being an atypical cause, has been considered by the labor jurisprudence as a cause for a fair dismissal. The jurisprudence criteria that has enable the application of this case, indicate this type of fault needs to be verified by objective evaluation parameters, such as performance evaluations, also known as performance assessments. The responsibility of workers to carry out work with care and
proper performance is part of the labor obligations imposed by the legislation. For this reason, if the workers fail to provide the job performance required by the employer, he can use his disciplinary authority, to impose the sanctions he considers convenient to the workers who are having low work performance, this in order to achieve the good progress of the company.