#CostaRica 🇨🇷 #BDS_LaborAlert: Legal Considerations for the Enjoyment of the August 31st Holiday
This month we will have another holiday in Costa Rica: August 31st which celebrates "Black Person...
Carnival, or the "Festival of King Momo," is one of Panama's most important celebrations, dating back to colonial times when a group of people dressed up as the kings and queens of Spain. This festival became a tradition passed down from generation to generation and was officially recognized in 1910 through a Municipal Decree.
As every year, the Carnival festivities commence on Friday night with the coronation of the Queens, adorned in luxurious costumes on floats, accompanied by street bands, group dances or "comparsas," and "tunas." The celebration continues for four consecutive days (this year, from Saturday, February 10th to Tuesday, February 13th) and ends early Wednesday with the famous "Topon," where rockets and fireworks are ignited, and the "Tunas" compete.
Despite the four days of celebration, it should be noted that, according to Article 46 of the Labor Code, for the private sector the only mandatory day of rest due to national holidays is Carnival Tuesday, which falls on February 13th this year.
However, despite Carnival Tuesday being the only mandatory day of rest, it is common for private companies, through internal agreements, to regularly grant Monday and even Wednesday off, deducting such time off from their employees' vacation days.
Every year, the National Government also decrees a day off for the public sector on Carnival Monday and "Ash Wednesday," either entirely or partially. This year, through Decree 3 dated January 10, 2024, the closure of government offices was ordered on Monday 12th and all day on Wednesday February 14th. Public officials will work additional hours on other days to compensate for this time off.
In summary, for the private sector, the only holiday is February 13th. The other days, that is, Saturday, Carnival Monday, or Ash Wednesday, are regular working days, notwithstanding any internal agreements that employers may reach with their workers.
Finally, please note that if an employee works on February 13th (Carnival Tuesday), they must be paid with a 150% surcharge on their regular work hours, which equals to 2.5 times their ordinary wage (including regular hours and the surcharge), and they must be granted a compensatory day off for working on a national holiday. Failure to grant this compensatory day of rest will result in an additional 50% surcharge on the regular work hours.
