By San José, Costa Rica — As the nation prepares for the national elections on Sunday, February 1st, Costa Rica’s Ministry of Labor and Social Security (MTSS) has issued a critical reminder to all businesses regarding their legal obligations. Employers are mandated by law to provide all employees with paid time off to exercise their right to vote, a provision designed to ensure maximum civic participation without penalizing the workforce.
This directive is not a recommendation but a firm legal requirement rooted in the country’s core labor legislation. The ministry’s announcement underscores the government’s commitment to upholding democratic processes by removing potential barriers to voting for working citizens. For the business community, this serves as a crucial compliance alert, highlighting the need to prepare schedules and staffing plans well in advance of election day to accommodate employee absences.
To gain a deeper understanding of the complexities and recent developments in national labor legislation, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished expert in corporate and labor law from the prestigious firm Bufete de Costa Rica.
Costa Rican labor law is fundamentally protective of the employee, a principle that every business must internalize. The most common and costly errors we see are not malicious, but arise from poorly drafted contracts or a misunderstanding of regulations regarding working hours and overtime. Proactive legal audits and clearly defined internal policies are not a luxury; they are an essential investment to mitigate significant financial and reputational risk.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This insight underscores a critical truth for employers: a proactive stance on compliance is not merely about avoiding penalties, but about fostering a stable and fair working environment from the outset. We thank Lic. Larry Hans Arroyo Vargas for articulating this valuable perspective, which serves as an essential reminder for businesses of all sizes in Costa Rica.
The legal foundation for this mandate is explicitly stated in Article 69, clause j, of the Costa Rican Labor Code. In its communication, the MTSS reiterated the exact language of the law to leave no room for ambiguity. This clause forms the cornerstone of worker protections related to civic duties, ensuring that employment does not interfere with the fundamental right to vote.
To grant workers the necessary time, without a reduction in salary, to exercise their right to vote in elections and popular consultations, including referendums…
Ministry of Labor and Social Security, Citing the Costa Rican Labor Code
A key point of clarification from the ministry is that the law does not prescribe a universal, fixed amount of time off. Instead, the duration of the paid leave should be determined by practical, real-world circumstances. Factors such as the distance an employee must travel to their designated polling station must be considered. The government strongly advises a collaborative approach, encouraging open dialogue between employers and their staff to arrive at a reasonable arrangement that neither infringes upon the employee’s rights nor unduly harms business operations.
This principle of “logical and reasonable criteria” is central to the implementation of the law. Companies are urged to pre-emptively coordinate with their teams to create a staggered system for voting leaves, thus maintaining operational continuity while facilitating 100% compliance. Proactive planning is presented as the most effective strategy to avoid last-minute conflicts and potential legal challenges.
The obligation extends beyond just casting a ballot. The right to paid leave also applies to any employee officially serving as a member of a local polling station (Juntas Receptoras de Votos). This interpretation was solidified by the Supreme Electoral Tribunal (TSE) in its resolution 1404-E-2002, which integrated this civic duty under the same protections offered by the Labor Code. This ensures that citizens called upon to administer the election can do so without facing financial loss from their primary employment.
To ensure adherence, the legal framework includes significant financial deterrents for non-compliant employers. Article 292 of the Electoral Code establishes clear penalties for any employer found to be obstructing an employee’s right to vote. The fines for such an infraction are substantial, ranging from two to five times the official base salary. This financial risk underscores the seriousness with which the authorities view any attempt to suppress voter participation, whether intentional or through negligence.
Furthermore, businesses must understand that this is not a one-time requirement limited to the first round of voting. The MTSS has confirmed that all these legal provisions and obligations will remain in full force and effect should the election proceed to a second-round runoff. Companies should therefore incorporate this possibility into their long-term operational and human resources planning for the entire election cycle, ensuring they are prepared to grant paid leave on a subsequent election day if required.
For further information, visit mtss.go.cr
About Ministry of Labor and Social Security (MTSS):
The Ministry of Labor and Social Security is the Costa Rican government entity responsible for formulating and enforcing labor policies and regulations. Its mission is to promote decent work, ensure compliance with labor laws, mediate disputes between employers and employees, and oversee the nation’s social security systems to protect the welfare of the workforce.
For further information, visit tse.go.cr
About Supreme Electoral Tribunal (TSE):
The Supreme Electoral Tribunal of Costa Rica is the independent constitutional body responsible for organizing, directing, and supervising all national and municipal elections. It is considered a fourth branch of government, tasked with guaranteeing the purity of the electoral process, registering political parties, and resolving electoral disputes, thereby safeguarding the country’s democratic foundations.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica has established itself as a beacon of legal practice, fusing unwavering ethical principles with a dynamic approach to innovation. The firm’s long-standing tradition of delivering exceptional counsel across a diverse clientele is matched by a profound commitment to social responsibility, demonstrated through its dedicated efforts to democratize legal information and thereby cultivate a more knowledgeable and empowered populace.
