Justified Dismissal for Employee Lateness in Costa Rica
Can Lateness Lead to Justified Dismissal?
In Costa Rica, under Article 81 of the Labor Code, repeated and unjustified lateness can be considered “gross misconduct” and may legally justify dismissal without severance or notice.
A single late arrival does not qualify, but multiple documented infractions, combined with prior written warnings, can meet the legal threshold for termination.
Key employer steps before dismissal:
- Document each late arrival in writing.
- Issue monthly notices summarizing lateness counts.
- Apply progressive discipline before termination.
Understanding Justified Dismissal for Lateness
1. Legal Basis
Article 81 of the Costa Rican Labor Code lists causes for dismissal without employer liability. While “lateness” is not specifically named, subparagraph (general clause) allows dismissal for
“gross misconduct to the obligations imposed by the employment contract.”
2. When Lateness Becomes Dismissible
Courts and the Ministry of Labor have held that repeated, unjustified lateness can be “gross misconduct” if:
- It shows lack of responsibility and commitment.
- It occurs despite prior written warnings.
- It reaches a quantitatively significant threshold.
3. Official Guidance — Ministry of Labor & CCSS
Legal opinion DAJ-AE-219-2008 clarifies:
An employer may terminate without liability if the employee accumulates more than six late arrivals in three consecutive months,
provided the first two infractions were sanctioned and the worker was warned to correct the behavior.
4. Employer Step-by-Step
- Document lateness: record every incident with date and time.
- Issue written warnings: after each late arrival, deliver formal notification.
- Monthly summary: total infractions at month’s end and share with the employee.
- Progressive discipline: apply sanctions (per Internal Work Regulations) before dismissal.
- Dismissal decision: if thresholds are met and behavior persists, proceed per Article 81.
5. Case-by-Case Analysis
Each situation must be evaluated individually. Factors include the recurrence pattern, justification offered by the employee, internal policies, and prior disciplinary actions.
For employers and HR professionals: consulting with a Costa Rica labor lawyer before proceeding ensures compliance with procedural and substantive labor law requirements.