#CostaRica 🇨🇷 #BDS_Article: Hiring Foreign Nationals in Costa Rica: Employer Obligations and Risks of Hiring Without Migration Authorization
The presence of foreign talent in Costa Rican companies continues to grow. Sectors such as...
In Costa Rica, the right to vote constitutes one of the fundamental pillars of the democratic system and is expressly protected by the Political Constitution. This right, in addition to being a civic guarantee, has direct implications in the labor sphere, where it must be respected and facilitated by employers.
From a labor law perspective, the Costa Rican regulatory framework establishes clear rules to ensure that employees are able to exercise their right to vote without obstacles. The Labor Code recognizes the workers’ right to be absent from the workplace for the time necessary to travel to the polling station and cast their vote, a leave that must be granted with pay.
This obligation applies both to the first round of elections and to any run off election that may take place.
Key Rules During the Electoral Process
During electoral processes, labor regulations establish practical rules that must be followed by both employers and employees:
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If election day falls on a working day, employees are entitled to be absent from their workplace for the time necessary to vote, with paid leave.
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This right applies to both the first round and to any subsequent runoff election.
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Employers may not penalize, dismiss, reduce wages, or impose disciplinary measures as a result of the exercise of the right to vote or their participation in polling stations.
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Any form of pressure, influence, or coercion regarding employees’ political preferences is prohibited.
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Political-electoral propaganda within the workplace is not permitted during working hours.
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The time granted to vote must be used exclusively for that purpose and may not be extended to voting-unrelated activities.
Likewise, employers must refrain from issuing messages, directives, or taking actions that could be perceived as a form of political influence within the work environment.
Employees Duties
Just as employers have obligations, employees must also observe certain duties during the electoral process. Proper use of the time granted to exercise the right to vote and respect for political neutrality within the workplace are essential to maintaining harmonious and law-compliant labor relations.
From BDS Asesores, we reiterate the importance of complying with these provisions, not only to ensure the proper exercise of the right to vote, but also to strengthen democracy and provide legal certainty in labor relations.
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