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It has been more than a month and I have not received my pay check: what can I do?

The cyber-attack launched against several government databases caused many civil servants to be unable to receive their salary. Many of them took this case to the Constitutional Chamber to assert their right to the payment of a salary. In this blog we analyze what the Court has ruled on timely salary payment and what the affected person can do in the event that his/her salary is not paid on time.

According to our Constitutional Chamber when the time between the provision of the services of the public official and the payment of his/her salary is greater than one month, this is a violation of his/her right to payment of a salary. For this reason, when there has been an unjustified, excessive and unreasonable delay in the payment of salary – set within a month by our Constitutional Court – the worker can seek judicial remedies.

Not every delay in the payment of salary could allow the person to request judicial protection. Only when the delay is greater than a month could the person consider his/her right to be violated. In these cases, the affected person may file a writ of amparo before the Constitutional Chamber for alleged violation of his/her right protected in article 57 of the Constitution. The affected person could receive a judgment from the Chamber in 33 days from the filing of the writ of amparo, which is the average time for resolution of this type of matter in Court.

At CELIG we provide specialized services to the LGBTQI+ community. If you want more information or make an appointment with us, call us at 2253-0256/2245-0855 or write to us at info@celigcr.com.

We are located in San José, Barrio Escalante.

M.Sc. Ana Isabel Sibaja Rojas

CELIG – Center for Equal Litigation