The State employment regimes from the Judgment 4453-00 of the Constitutional Chamber on collective agreements

Abstract

The issue of public service is of greater interest today, as a result of the changing and dynamic ways in which the State relates to its administrated. Especially nowadays that the rise of currents of GLOBALIZATION or GLOBALIZATION-ZATION permeates all human endeavors and that does not escape the Public Administration, which will be needed to redefine its actions at all levels. The foregoing further complicates the already complex public function in Costa Rica, since, based on these new trends and new needs in the way of doing things, the clarity about the Private Law Regime is lost even more. ¬va and Public Law of those who work in the administrative apparatus of the State. Thus, the problem lies in determining when we are in front of an official with powers to carry out "public management" and when we are in front of a State employee or worker who does not perform an administrative function; Valid and necessary to establish when a Private Employment Regime specially regulated by the Labor Code is applied and when special laws are applied within the public employment regime in a specialized legal framework.