#CostaRica 🇨🇷 #BDS_Article: Labor Considerations in Light of the National Elections

As a result of this media “boom,” political and electoral topics frequently become a subject of conversation in the workplace, giving rise to exchanges such as: Who are you going to vote for? Did you see what candidate X said? Do you think they will win?

Against this backdrop, we would like to offer a number of reflections that may be useful to both employers and employees for the proper development of the employment relationship, especially considering that, according to data from the Supreme Electoral Tribunal (TSE), the electoral roll for this year will consist of 3,731,788 citizens, of whom approximately 2,250,000 are workers in both the public and private sectors.

Special rules to consider

Article 70 of the Labor Code bans employers from influencing their workers’ political decisions; accordingly, companies and institutions must respect the political preferences of their personnel. Additionally, Article 72 of the same Code prohibits workers from engaging, during working hours, in political-electoral propaganda or activities contrary to the country’s democratic institutions.

Therefore, it is not permissible to carry out political-electoral propaganda of any kind during working hours, nor to use distinctive symbols of any political party, in order to preserve a healthy and harmonious work environment. Failure to comply with these rules may result in disciplinary actions and/or financial penalties, both for the employer organization and its representatives, as well as for employees.

Employers should be aware that any interference in their workers’ electoral decisions may be claimed as a violation of labor legislation and may lead to fines. Furthermore, the Electoral Code includes the criminal offense known as “crime against the free will of voters,” which provides for a more severe prison sentence when employers or their representatives engage in acts of coercion, violence, threats, or retaliation against workers in order to induce them to vote in a particular way, to support a specific candidacy, or to refrain from voting.

Another relevant aspect is set out in Article 69 of the Labor Code, which regulates the right of workers who are scheduled to work on election day to receive paid leave in order to vote. This right is reinforced by Article 292 of the Electoral Code, which authorizes the imposition of a fine of two to five base salaries (currently set at ¢462,200.00) on any employer who prevents workers from taking reasonable time to cast their vote, or who penalizes workers or imposes salary reductions for that reason. The same paid leave applies to workers who participate as members of polling stations.

When coordinating these leaves, it is advisable to assess each case individually, taking into account the nature of the company’s activities, the employees’ duties, and the distance to the polling station. Dialogue between the parties should prevail, in order to guarantee the right to vote while adopting measures that avoid or minimize inconvenience for the employer, in light of applicable principles such as contractual good faith and reasonableness.

Undoubtedly, the responsible exercise of labor rights and the right to vote, together with compliance with employees’ obligations, will allow the electoral process to unfold smoothly in accordance with labor law.

Certainly, the exchange of ideas is healthy and even desirable in a democratic system such as ours; however, it must be considered that specific rules apply in the workplace, which both employees and employers are required to follow in the context of elections, in order to avoid adversely affecting the employment relationship in any way.

Ronald Gutiérrez Abarca

Partner at BDS Asesores