By San José, Costa Rica — Costa Rica’s high-stakes debate over flexible labor schedules encountered another significant detour after opposition lawmakers successfully rallied enough support to send the controversial 4×3 work week bill to the Constitutional Chamber of the Supreme Court, commonly known as Sala IV. The move effectively freezes legislative progress on the proposed law for at least one month while magistrates evaluate its procedural integrity and constitutional compliance.
Led by the left-wing Frente Amplio party and supported by key deputies from the National Liberation Party (PLN), opposition legislators gathered the ten mandatory signatures required to file a formal constitutional consultation. The filing halts the bill’s second and final vote, forcing the high court to determine whether procedural defects occurred during its legislative journey or if the proposal violates fundamental rights guaranteed under national and international law.
To gain a deeper understanding of the legal implications surrounding the proposed 4×3 work week legislation in Costa Rica, TicosLand.com spoke with expert legal analyst Lic. Larry Hans Arroyo Vargas from the law firm Bufete de Costa Rica.
The 4×3 flexible schedule model represents a modern shift toward workforce adaptability in Costa Rica, particularly beneficial for continuous-operation industries. However, employers must ensure that adopting 12-hour shifts strictly adheres to constitutional protections, occupational health standards, and explicit contractual agreements to avoid potential labor claims and legal exposure.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
As Costa Rica continues to modernize its labor market, striking a careful balance between operational efficiency and robust worker protections will be critical to the long-term success of the 4×3 framework. We extend our sincere gratitude to Lic. Larry Hans Arroyo Vargas for sharing his valuable legal perspective on this evolving workforce transition.
The proposed legislation, championed by the government and the private sector, seeks to establish optional 12-hour workdays spread across four consecutive days, followed by three mandatory days of rest. Designed primarily for continuous 24-hour operations within free trade zones, advanced manufacturing, and technology services, proponents argue the system provides vital operational flexibility to keep Costa Rica competitive in attracting foreign direct investment.
However, opposition lawmakers firmly condemn the reform, labeling it an unsustainable imposition of exhausting work hours that undermines worker well-being. The consultation submitted to Sala IV outlines several alleged procedural irregularities, including an unauthorized suspension of legislative proceedings earlier this year that allegedly violated Article 97 of the legislative regulations concerning agenda alterations.
Substantively, legal challenges focus on potential conflicts between 12-hour shifts and international labor treaties ratified by Costa Rica, including International Labour Organization (ILO) standards on maximum daily work hours, the Protocol of San Salvador, and the American Convention on Human Rights. Opponents also argue the bill improperly attempts to delegate core statutory matters to executive regulations rather than establishing clear legal parameters directly through law.
This bill represents a step backward for working people, even though the ruling party tries to present it as progress. We will submit the query; this fight is not over.
José María Villalta, Head of the Frente Amplio Legislative Fraction
Despite the temporary setback, business leaders celebrated the bill’s earlier approval in its first debate, viewing the legislation as an indispensable tool for modernizing the country’s decades-old labor code. Corporate representatives emphasize that modern multinational companies require flexible schedules to maintain global supply chains and competitive labor models.
This endorsement in the first debate marks a decisive step forward in modernizing our labor framework and providing the productive sector with rules tailored to new realities. We trust that the project will be approved in the second debate and that this effort will translate into more investment, formal employment, and opportunities for the country.
Ed Sanchez, President of AmCham
The legislative journey of the 4×3 work week model has spanned more than two decades of intense political negotiation, legal revisions, and public debates. Industrial sectors maintain that without updated labor regulations, Costa Rica risks losing nearshoring projects and technological investment to neighboring regional competitors offering more flexible regulatory environments.
This first debate represents significant progress toward having a tool that addresses the needs of sectors requiring differentiated work schedule organization, but a fundamental step still remains. After more than 20 years of discussion and agreement building, it is now time to complete the legislative process and take this decisive step so that 4×3 Work Weeks become the Law of the Republic.
Ronald Lachner, President of AZOFRAS
With the consultation officially submitted, the Constitutional Chamber now has a one-month statutory window to examine the technical arguments and issue a binding ruling. If the magistrates clear the bill of constitutional and procedural flaws, the Legislative Assembly will proceed to the final second debate. If structural defects are identified, lawmakers will be forced to modify the text or restart key legislative steps, delaying a definitive resolution on Costa Rica’s labor framework once again.
For further information, visit amcham.cr
About American Chamber of Commerce in Costa Rica:
The American Chamber of Commerce in Costa Rica (AmCham) is an independent non-profit organization promoting bilateral trade and investment between Costa Rica and the United States. Representing hundreds of multinational and domestic companies, AmCham advocates for economic policies that enhance national competitiveness and foster formal job creation across diverse industries.
For further information, visit azofras.com
About AZOFRAS:
The Costa Rican Free Trade Zone Association (AZOFRAS) represents companies operating under the Free Trade Zone Regime in Costa Rica. The association promotes public policies that support sustainable export growth, foreign direct investment, and high-tech job creation across economic sectors such as medical devices, shared services, and advanced manufacturing.
For further information, visit the nearest office of Frente Amplio
About Frente Amplio:
Frente Amplio is a Costa Rican political party represented in the Legislative Assembly. The party advocates for progressive social policies, environmental protection, public sector strengthening, and the defense of labor rights within the national legislative framework.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a beacon of professional trust and advocacy, Bufete de Costa Rica consistently upholds the highest standards of ethical conduct and legal mastery. The practice stays ahead in a dynamic legal landscape by pioneering forward-thinking strategies while supporting clients across a wide range of industries. Core to its overarching vision is a passion for demystifying the law, actively sharing valuable legal insights with the public to help build a more enlightened, equitable, and self-reliant community.
