Costa Rica | Yellow and red cards and use of VAR in the employment relationship

3 Apr, 2023 | Noticias-en

We are attending one of the most anticipated sporting events, at least in our country, which is the World Cup, which as we all know will take place in Qatar and has created a lot of expectations. 

Given this panorama and from the perspective of the employment relationship, it is important to take into account that there are aspects that must be considered by both the workers and the employers, so that the parties are clear about the rules of the game and thus avoiding getting yellow or red cards (understood in the workplace as warnings or dismissals). 

First of all, workers must not forget that, during the hours of the meetings, if they coincide with the working day, they must continue to comply with all their obligations and the internal guidelines of the organization, this in accordance with article 71 subparagraphs a) and b) of the Labor Code and with the employment contract, that is, there is no implicit permission to watch or listen to the games during the working day (including those of the National Team), and any breach in this regard could result in disciplinary sanctions. 

Along these same lines, we can also find cases regarding matches that take place before or after the working day, since there are no implicit permits to either arrive late at the workplace, connect at the wrong time to the tasks carried out remotely or to leave the same time before the departure time. 

Also, given the World Cup fever, on many occasions workers want to wear the jerseys of the national teams during the working day and attend the offices with them or connect to video calls with them, however, if the company has clothing guidelines, these must be be respected. 

On the other hand, in the cases of workers who work remotely, they should be reminded that even when they are not in the workplace, they are expected to carry out their work with the same attention and quality as always, especially during this global era. 

Another common case  also in World Cup times is that employees get distracted, either by talking about the matches or exchanging postcards from the albums, while likewise, this type of act is not allowed during the working day. 

Now, now that we know the rules to avoid yellow or red cards, it is prudent to mention that employers, as well as referees, could use an organizational “VAR” and thus review their guidelines internally, to determine possible different decisions. and allow permits to view the matches or generate internal activities related to the World Cup, in order to encourage working people with this type of business decisions, just as the ticos and ticos were encouraged when the referee used that  tool  that He disallowed New Zealand’s goal and gave us the chance to attend the World Cup. 

Thus, do not allow them to take yellow or red cards and it is worth considering the organizational “VAR” when necessary from a work perspective. 

For more information contact:

Alexandra Aguilar | Director |

Uri Weinstock  | BLP Partner |


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