El presente diagnóstico se centra en estudiar el acceso a la justicia laboral por parte de personas trabajadoras migrantes, principalmente de nacionalidad nicaragüense, procurando identificar los principales obstáculos que enfrenta esta población a la hora de acudir a las instancias judiciales y los nudos críticos que se presentan en el desarrollo del proceso ordinario laboral. Particularmente en la determinación de obstáculos de acceso a la justicia, se integra en la investigación la consulta con población trabajadora migrante indígena Ngöbe de origen panameño, cuya aproximación indaga y complementa las experiencias y percepciones externadas por las personas trabajadoras migrantes nicaragüenses. La selección de una muestra de estas dos poblaciones cuya movilidad está estrictamente relacionada al empleo, radica en su importante peso relativo con respecto a la población inmigrante total del país y en su particular condición de vulnerabilidad.
El foco de atención se ubica en los factores subjetivos que pueden intervenir en el proceso de exigibilidad de los derechos laborales de la población migrante. Lo anterior conlleva a que el estudio se aborde desde una perspectiva cualitativa, con tres actores de importancia para el estudio: población trabajadora migrante, personal judicial y personas clave de distintos sectores públicos y privados que brindan servicios o asesoramiento en materia laboral a personas migrantes. Este carácter eminentemente cualitativo, permitió profundizar en los conocimientos, percepciones y prácticas de cada grupo de actores, así como contrastar sus opiniones.
Keywords: access to labor justice, migrant workers, Costa Rica.
Last updated January 30, 2013.
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Last updated: May 25, 2018
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The section titles in this Policy are for convenience only and have no legal or contractual effect.
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The Policy was updated in May 2018 to comply with the General Data Protection Regulations.