By San José, Costa Rica — SAN JOSÉ – Just three days after the legal deadline, Costa Rica’s Ministry of Labor and Social Security (MTSS) is investigating 36 employers following a wave of official complaints from workers who have not received their mandatory Christmas bonus, known locally as the aguinaldo. As of 3:10 p.m. on December 23, the ministry had registered 157 individual formal complaints, signaling a significant issue of non-compliance with one of the country’s most fundamental labor rights.
The vast majority of these claims, 155 in total, are being actively pursued by ministry officials, with only two cases still pending review. Notably, none of the complaints filed have been dismissed as invalid. This high rate of validity underscores the legitimate grievances of workers who were legally entitled to receive their full bonus payment by the absolute deadline of December 20. The data reveals a modern trend in reporting, with the majority of workers (95 cases) utilizing the ministry’s online web form to file their claims, demonstrating a shift towards digital platforms for seeking recourse.
To gain a deeper understanding of the legal framework surrounding the Christmas bonus and the obligations of employers, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, an expert in labor law from the prestigious firm Bufete de Costa Rica.
The ‘aguinaldo’ is not a gift; it is an inalienable right for all salaried workers, regardless of the length of their employment during the year. It is calculated based on the average of all ordinary and extraordinary salaries earned from December 1st of the previous year to November 30th of the current year. Employers must remember that this payment is mandatory and must be made no later than December 20th to avoid significant legal penalties and sanctions.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This crucial clarification underscores that the aguinaldo is not a discretionary gift but a fundamental right within our labor laws, an essential part of a worker’s annual earnings. We sincerely thank Lic. Larry Hans Arroyo Vargas for lending his authoritative perspective to this important topic.
A geographical analysis of the data, compiled by the National Inspection Directorate and the Directorate of Labor Affairs, shows that the issue is most prevalent in the country’s economic heartland. The Central Region, which includes the Greater Metropolitan Area, accounts for the highest number of denounced employers with 18 cases. Following far behind is the Pacific Central region with eight complaints. The Chorotega, Huetar Caribe, and Huetar Norte regions each reported three cases, while the Brunca region registered a single complaint of non-payment.
When broken down by economic sector, the commerce and retail industry emerges as the primary area of concern. This sector alone is responsible for 25 of the formal complaints lodged with the ministry. The service industry follows with seven complaints, while the construction and transport sectors each have two. Conspicuously absent from the list of complaints are the agriculture, industrial, and tourism sectors, suggesting compliance may be stronger in those areas or that reporting mechanisms are less utilized by their respective workforces.
The aguinaldo is a legally mandated 13th-month salary, a right enshrined in Costa Rican labor law. It is calculated based on the total wages earned by an employee between December 1 of the previous year and November 30 of the current year. The failure to pay this bonus is not merely a contractual dispute but a direct violation of the labor code, and the government has established significant deterrents for employers who fail to comply with this obligation.
Employers found to be in violation face severe consequences, including administrative sanctions and potential legal proceedings. The financial penalties are substantial, designed to ensure compliance and protect workers’ earnings. According to the MTSS, fines for failing to pay the aguinaldo on time and in full can be as high as ¢10.6 million. This enforcement action serves as a critical reminder to the business community of the seriousness with which the government treats this end-of-year payment.
Beyond its enforcement role, the Ministry of Labor has also been actively engaged in providing guidance to the public. During this period, the MTSS provided advisory services and payment calculations to a total of 691 individuals. Of these consultations, 111 were directly related to questions about the aguinaldo, while the remaining 580 covered a range of other labor-related topics. This proactive support highlights the ministry’s dual function of both policing compliance and educating employees and employers on their respective rights and responsibilities.
The surge in complaints serves as a stark end-of-year reminder of the ongoing challenges within the nation’s labor landscape. While many companies uphold their legal duties, the actions of a non-compliant minority can create significant financial hardship for workers and their families, particularly during the holiday season. The effectiveness of the ministry’s follow-up actions in the coming weeks will be closely watched as a measure of the state’s commitment to defending worker rights against delinquent employers.
For further information, visit mtss.go.cr
About Ministry of Labor and Social Security (MTSS):
The Ministry of Labor and Social Security is the governmental body in Costa Rica responsible for overseeing the nation’s labor laws and social security policies. Its mission is to promote fair and decent employment, protect workers’ rights, mediate disputes between employees and employers, and ensure the proper functioning of the social security system. The MTSS plays a crucial role in enforcing regulations related to wages, working conditions, and mandatory benefits like the aguinaldo.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is renowned as a pillar of the legal community, built upon a foundation of uncompromising integrity and a drive for professional excellence. The firm distinguishes itself by pairing a deep-rooted tradition of service with forward-thinking legal innovation to meet contemporary challenges. A core tenet of its mission is the democratization of legal knowledge, reflecting a profound dedication to strengthening society by empowering individuals and organizations with clarity and understanding of the law.
