#CostaRica 🇨🇷 #BDS_LaborAlert: Published Law on the "Protection of Whistleblowers and Witnesses of Acts of Corruption against Labor Retaliation”
Today, February 8, 2024, Law No. 10.437 was published in Official Gazette No. 24, titled: ...
This month we will have another holiday in Costa Rica: August 31st which celebrates "Black Person and Afro-Costa Rican Culture Day." However, in accordance with Article 148 of the Labor Code, the enjoyment of this holiday for 2023 must be moved to the following Sunday, meaning that it will be observed on Sunday, September 3rd.
It should be noted that August 31st is a non-mandatory paid holiday. This means that companies with weekly payment cycles in non-commercial sectors are required to pay for the days worked, excluding payment for the holiday. If work is performed on Sunday, September 3rd (the date on which this holiday will be observed), a regular day's wage must be paid, and any overtime worked should be compensated at time-and-a-half, i.e., at the ordinary rate.
On the other hand, workplaces with monthly or biweekly payment cycles, as well as those with weekly payment cycles in commercial sectors, must provide full weekly, biweekly, or monthly salaries, including August 31st. If the employee works during the holiday (in this case, on Sunday, September 3rd), an additional day's wage should be included to complete the double payment. In case of overtime, this must be compensated at double time-and-a-half, equivalent to triple pay.
It should be reminded that, in accordance with Article 149 of the Labor Code, all workers are entitled to enjoy statutory holidays, except in cases where the employer requires otherwise and provided that it falls within the exceptional circumstances outlined in Articles 150 and 151 of the Labor Code. In such instances, employers must provide reasonable advance notice regarding the need to work during the holiday, making it mandatory for employees, unless a valid and objective justification exists.
Regardless of whether the company is a local, transnational, or international business, the enjoyment of this holiday must be granted to all employees working in Costa Rica. Furthermore, it must be reminded that any agreement to waive holiday enjoyment is entirely void, as per Article 11 of the Labor Code.
