People Working Corp

By: Laura Centeno, Country Director, People Working Corp. Costa Rica

lcenteno@pworking.com

 

• Very soon Costa Rica will experience a profound change in the Labor Code and employers must ensure that before, during and after the labor-management relationship, there are never cases of discrimination.

La reforma procesal laboral de Costa Rica posee cambios importantes con el afán de garantizar un trato equitativo a los trabajadores. Toda empresa debe capacitarse iniciando por Recursos Humanos y asegurarse de que todas las personas que supervisan o lideran equipos de trabajo conozcan los cambios para evitar eventuales demandas ante el Ministerio de Trabajo.

Many job postings and recruitment processes still have errors that could be costly for employers, that is why we give our recommendations on job postings in order to avoid legal problems:

1. No publication should specify that the position is exclusively for a man or a woman: This can obviously be interpreted as discriminatory and stereotypical treatment of jobs that can be performed exclusively by men or women. The important thing is to be sure of the physical or intellectual capacity that each person possesses to assume a position. The roles of women in fields that traditionally have been led by men is very positive because it breaks paradigms and generates employment opportunities according to competencies and not gender. The same happens with jobs that traditionally have been led by women because it allows men to take on challenges and promote innovation under a male perspective.
2. No publication should delimit the age range to be considered for a position: For both entry-level and senior positions it is discriminatory to determine a specific age, what is important is the ability of each person to assume a position and the maturity and experience required to perform the job efficiently. Many young people are quite mature as well as others who are not ready to take on responsibilities and likewise many older people have the energy, ease of learning and motivation to do a specific job and others may be tired of doing a job they have been doing for many years. The important thing is to assess whether the person has the ability and desire to do the job to the best of his or her ability.
3. No publication should indicate that the position is exclusively for people who live in a specific area: Although in recent years the collapse of roads has made it difficult for workers to move to their companies and the distance between the worker's home may be far, it is best to simply indicate the area where the job offer is located. The candidate must be the one to decide if that location is feasible or not according to the costs and transportation time and that many people from areas outside the GAM could look for options close to their jobs or alternative transportation in order to obtain a job.
4. No publication should indicate the type of personal presentation or physical appearance that is expected: Personal appearance is a very subjective matter, for some it may be frowned upon for others it is the opposite, such as piercings, tattoos, hair colors, accessories and type of clothing and footwear. The ideal is simply to refer to the technical and professional requirements, academic background and time and type of experience required. The dress and appearance for the position should not be a reason for dismissal at the interview stage. What is recommended is to inform the candidates about the dress policies and in case of acceptance of the offer, the person accepts that he/she has read and agrees with these rules in the employment contract. It is of utmost importance that the interviewer leads by example by using the attire expected of the candidates.
5. No publication should list as a benefit the payment of legal guarantees: Guarantees are an employee's right and are not benefits. Therefore, if the company indicates that the benefit it has is to pay what is mandatory by law, it could be perceived as a company that does not really have added value for workers. If the company is small or medium-sized and cannot provide onerous compensation and benefits packages, it should focus on differentiators such as having an excellent work environment, flexible hours, the possibility of working from home, the possibility of performing and learning from different organizational areas, the possibility of being creative and innovative to propose improvements and not having a bureaucratic system for decision making.
6. No publication should refer to the desired marital status, religion, ethnicity or family conformation: Indicating that a single or childless marital status is required is an obvious discriminatory cause. In these cases it gives the impression that you want a person who has the availability to work long hours without personal responsibilities that may be an obstacle in the work required. In other cases, when it is specified that it is a married person, with children and pressing family responsibilities, this gives the impression that the payment is not competitive and that what is really being sought is people with a high need for employment willing to accept a low remuneration but necessary to cover personal and family economic obligations. Religions or beliefs or non-beliefs should not be indicated in the job offer. It is only recommended at the interview stage, to inform about the values and internal organizational culture and that you expect to hire people related to these principles or DNA to be able to successfully adapt to the job and colleagues.

We hope that these recommendations will be useful to ensure transparency and fairness from the moment the job offer is published.

 

People Working Corp, is a multinational company that provides comprehensive solutions in search and selection of talent from operational levels to senior management through Headhunting, as well as Outsourcing personnel for its business partners, administration, processing and payment of Payroll, Consulting Human Resources Consulting and wellness programs or corporate Wellness The company is headquartered in Panamá and has regional offices in Costa Rica, El Salvador, Guatemala y República DominicanaIt serves local, regional and global clients under a horizontal structure philosophy that allows great flexibility, agile communication and constant approach with companies to know their cultural fit and provide tailored solutions in a timely and assertive manner.

For more information: (506) 4408-0000 lcenteno@pworking.com www.pworking.com

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