In a significant step in the fight against corruption, on February 8, 2024, Gazette 24 published Law 10437, entitled: "the Law for the Protection of Complainants and Witnesses of Acts of Corruption against Retaliation in Employment, [in Spanish: la Ley de Protección de las Personas Denunciantes y Testigos de Actos de Corrupción contra Represalias Laborales"].

Objective of the Law: 

• To protect complainants and witnesses of acts of corruption from any workplace reprisal, without requiring that the complaint be proven.

• For both the public as well as the private sector, any individual may report acts of corruption without being obligated to maintain confidentiality. 

• Suspensions, firings, negative workplace changes, discrimination, among others, are included. 

• It establishes a special exemption for complainants and witnesses, which prevents unfair workplace changes, and those carried out without prior approval. 

• It guarantees access to free legal advice and summary proceedings for complaints stemming from workplace reprisals.

• Employers who commit reprisals can face significant penalties, according to the severity of the act.

• The law entails amendments to the Labor Code, [in Spanish: el Código de Trabajo], and to other laws related to corruption and employment.

• The law becomes effective immediately and establishes a 12-month period for its implementation.

• This new legislation aims to foster a retaliation-free environment for those who work against corruption, which in turn strengthens the reporting and protection mechanisms. 

See:

https://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/

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