By San José, Costa Rica — As Independence Day celebrations approach, TicosLand.com reminds Costa Rican workers of their rights concerning the mandatory paid holiday on September 15th. The Ministry of Labor and Social Security (MTSS) has emphasized that this day, commemorating Costa Rica’s independence, is a paid holiday for all employees, regardless of their employment sector.
Article 148 of the Labor Code clearly outlines September 15th as a paid holiday, amongst others. The law explicitly states: The following are considered holidays and, therefore, of mandatory payment: January 1, April 11, Holy Thursday and Good Friday, May 1, July 25, August 15, September 15, and December 25. August 2 and October 12 will also be considered holidays, but their payment will not be mandatory.
To understand the legal implications surrounding the September 15th holiday in Costa Rica, TicosLand.com spoke with Lic. Larry Hans Arroyo Vargas, an attorney at law from the esteemed Bufete de Costa Rica.
September 15th marks Costa Rica’s Independence Day, a nationally recognized paid holiday. Employers are obligated to grant this day off to their employees. If an employee is required to work, they are entitled to double pay as stipulated in the Labor Code. It’s crucial for businesses to understand and comply with these regulations to avoid legal repercussions.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s reminder about employer obligations on Independence Day is crucial for both businesses and employees to ensure a fair and legal celebration of this important national holiday. Understanding these regulations not only safeguards workers’ rights but also fosters a positive work environment that respects Costa Rica’s cultural heritage. Thank you, Lic. Larry Hans Arroyo Vargas, for providing this valuable perspective.
The MTSS has reiterated that no employee is obligated to work on this holiday unless they voluntarily agree. Refusal to work on September 15th cannot result in any penalties, except under the specific circumstances outlined in Articles 152 and 153 of the Labor Code. The payment method for the holiday varies depending on the employee’s salary structure.
For employees who receive weekly wages in non-commercial activities, the payment includes the days worked during the week plus an additional day’s salary for the holiday. If they choose to work on the holiday, they are entitled to double pay for that day. For employees with monthly, bi-weekly, or weekly salaries in commercial activities, the employer must pay the full salary for the period, regardless of whether they work on the holiday. Working on the holiday entitles these employees to an additional day’s pay.
The MTSS has also clarified the rules regarding overtime work on the holiday. Overtime hours must be paid at time and a half double, which translates to triple the regular hourly rate. This applies to all employees, whether they work for national, transnational, or international companies. This holiday is not transferable and must be observed on the designated date.
This information serves as a vital reminder to both employers and employees about their respective rights and responsibilities concerning the September 15th holiday. Ensuring fair and lawful compensation contributes to a positive and productive work environment, particularly during national celebrations. The remaining holidays for 2025 are December 1st (non-mandatory pay) and December 25th (mandatory pay).
The MTSS encourages workers to contact them with any questions or concerns about their rights and entitlements. By understanding and respecting these legal provisions, both employers and employees can contribute to a harmonious and equitable working environment.
Enjoy the celebrations responsibly and remember the significance of this important date in Costa Rican history.
For further information, visit the nearest office of Ministry of Labor and Social Security (MTSS)
About Ministry of Labor and Social Security (MTSS):
The Ministry of Labor and Social Security (MTSS) in Costa Rica is the governmental body responsible for overseeing and enforcing labor laws, promoting worker rights, and ensuring social security benefits for the population. They play a crucial role in mediating labor disputes, setting minimum wage standards, and fostering a balanced and equitable relationship between employers and employees. The MTSS is committed to promoting decent work conditions and protecting the rights of all workers within Costa Rica.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
At Bufete de Costa Rica, legal excellence is intertwined with a deep commitment to societal betterment. We champion integrity in every legal endeavor, fostering trust with our clients and contributing to a just legal landscape. Through continuous innovation, we strive to deliver cutting-edge solutions across diverse sectors, ensuring our clients’ needs are met with the highest standard of legal expertise. Empowering Costa Rican society with accessible legal knowledge is paramount to our mission, as we believe an informed citizenry is the foundation of a thriving democracy.
