In Nicaragua, all the workers are considered employees for the corresponding legal effects.

Among the employees, there is the category of the employees known as “trusted employees” who are those employees who generally possess charges of administration in the company or who can represent the employer in front of other employees or other institutions or persons. Trusted employees can receive a special indemnification if they are dismissed wrongfully.

Yes. There are definite contracts and indefinite contracts. A Definite contract is a type of contract that provides a term of duration for the labor relationship and an indefinite contract is a contract that does not provide a term of duration for the same.

According to Article 20 of the Labor Code of Nicaragua, the labor contract must include the following information:

1. Place and date of commencement of employment;
2. Full name and domicile of the parties (employer and employee), or the employer´s legal representative in case the employer is a company.
3. a description of the work and where it will be carried out;
4. The employee’s working hours (specifying split and/or regular shifts).
5. The contract must specify a definite or indefinite duration of employment;
6. Wages due to the employee during each pay period and how wages are calculated; and the place where payment will take place.
7. Signature of the parties.

Yes, they are, but in a proportional manner to the time worked.

Yes, provided that the employee accepts it.

If the labor conditions do not change and the company that employs the employees remains the same, then, it does not affect the labor relationships, but as a consequence of the transfer the labor conditions change, then, it will be necessary to revise the particular case to determine whether it is required to obtain the employees' consent for such changes. Employees hired with indefinite contracts always have the right to terminate them with a 15-day previous notice.

No, it is not specifically regulated. If the employer remains the same, no matter if the company has a change of administration, the labor relationship continues to be valid under the same terms.

No change to the labor contract can be made unilaterally. Any change requires the employee's consent.

Yes, the Labor Code of Nicaragua allows terminating an indefinite contract without a justified cause provided that the termination does not infringe the law or is made in the character of reprisal against the employee or violation of any of his rights.

Based on Article 45 of the Labor Code of Nicaragua, the employer can terminate an indefinite labor contract at any time but must pay an indemnity for antiquity calculated based on the length of the relationship.

Dismissal without cause is allowed; however, Article 46 of the Labor Code of Nicaragua stipulates that when the dismissal occurs in violation of the prohibitions provided by such Code or other labor provisions, or in the character of reprisal against the employee as a consequence of performing labor right, the employee is entitled to claim his re-installment to his job position before the labor judge. If the judge confirms that it was a wrongful termination, the employee will be entitled to be reinstalled to his job position or to receive a double payment of the indemnity for antiquity stipulated in Article 45 of the Labor Code, calculated based on the length of the relationship, provided that such termination didn´t occur in violation of the fundamental rights of the employees established in the Article 105 of Law 815. In the case of the trusted employee being terminated wrongfully, he is not re-installed, but the judge will instruct the payment of an indemnification from 2 to 6 months of salary.

It is not specifically regulated in Nicaragua.

Yes. Any person in Nicaragua has a right to privacy. According to Article 26 of the Political Constitution of Nicaragua, everyone has the right:

1. To his private life and that of his family.
2. Respecting his honor and reputation.
3. To know all information that has been recorded about him/her in private and public entities, as well as the right to know why and for what purpose that information is had.
4. To the inviolability of his home, his correspondence and his communications of all kinds.

The person has the right to file a resource of habeas data when someone has infringed his privacy and therefore, to demand opposition, modification, deletion, blocking, including rectification of personal data.

Moreover, the Data Protection Law establishes regulations to protect the personal data of any person and the right to request the deletion or modification and not transfer of any personal data.

Yes, Article 82 of the Political Constitution of Nicaragua stipulates that workers have the right to working conditions that ensure in particular: 1. Equal salary for equal work under identical conditions, appropriate to their social responsibility, without discrimination by political, religious, social, sex or any other reasons, that assures them well-being compatible with human dignity. This same provision is also contained in the Labor Code of Nicaragua.

Yes, there are statutory rights to vacation, medical leave and parental leave. No changes have been made to leave benefits in the past 12 months. We are not aware of any proposed legislation that will impact leave benefits.

No, restrictive covenants are not specifically recognized. We consider that these types of covenants are not allowed by the Nicaraguan law since the Political Constitution stipulates in its Article 86 that every Nicaraguan has the right to freely choose and exercise his profession or trade and to choose a place of work, with no more requirements than the academic degree and that it fulfills a social function.

No, he cannot be terminated for this cause.

Yes, employees must contribute to the social security system that includes a pension or retirement scheme with 7% of their gross monthly salary and employers must contribute 21.5% of the gross payroll of employees if it has less than 50 employees hired, and 22.5% of the gross payroll of employees if it has 50 or more employees hired.

All the benefits established in the Nicaraguan laws are provided as mandatory.

Yes. 60 years old is the age for retirement, except for teachers and special workers who can retire at 55 years old, provided they comply with certain conditions.

Yes, it is possible.

In Nicaragua, no specific regulation about this has been issued by the government, but our consideration would be that an employer cannot make the COVID-19 vaccine mandatory for its employees. The government has offered the COVID-19 vaccine to the Nicaraguan citizen to be received voluntarily, so that, we believe that an employer cannot impose it as mandatory for its employees. In this sense, if the employer terminates an employee due to the fact that the employee did not want to receive the vaccine, it would be considered an illegal termination.

Yes, he can. However, it is important to revise if it does not infringe on any particular agreement executed by the parties. In Nicaragua, any change to the labor contract must be agreed upon by both parties--when the employee was sent to work from home, an addendum to his labor contract had to be executed and such addendum should have established the possibility for the employer to require the employee to return to work in the office to do not contain any risks for the employer in requiring this later. In this sense, if it was duly stipulated in the contract or the addendum to the contract, and the employee refuses to return to the office, the employer can terminate his employment contract.