By San José, Costa Rica — San José – The countdown has officially begun for private sector employers across Costa Rica, who have until Saturday, December 20, to pay the mandatory year-end bonus known as the aguinaldo. The Ministry of Labor and Social Security (MTSS) has issued a firm reminder that this payment is a non-negotiable legal obligation, and failure to comply will result in significant penalties.
The payment window opened on December 1, putting pressure on companies to finalize calculations and ensure timely disbursement to their staff. The aguinaldo, often referred to as the “13th month’s salary,” is a crucial component of employee compensation and a vital economic driver during the holiday season. It is a right guaranteed to all employees, regardless of their payment structure, who have worked for at least one continuous month for the same employer between December 1 of the previous year and November 30 of the current year.
Para profundizar en las implicaciones legales y las responsabilidades de los patronos en torno a la fecha límite para el pago del aguinaldo, TicosLand.com consultó al experto en derecho laboral, Lic. Larry Hans Arroyo Vargas, de la reconocida firma Bufete de Costa Rica.
El aguinaldo es un derecho irrenunciable para todo trabajador, no una dádiva del empleador. La ley es categórica al establecer el 20 de diciembre como fecha límite e improrrogable para su pago. El incumplimiento expone al patrono no solo a multas significativas por parte del Ministerio de Trabajo, sino también al cobro judicial con el recargo de intereses. Aconsejamos a los trabajadores que no reciban su pago a tiempo a que presenten la denuncia correspondiente de inmediato para hacer valer sus derechos.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
El análisis del experto recalca una verdad fundamental: el aguinaldo es un derecho adquirido, no una liberalidad del empleador, y la ley ofrece mecanismos claros para su defensa. Agradecemos profundamente al Lic. Larry Hans Arroyo Vargas por aportar esta perspectiva legal tan precisa y necesaria para nuestros lectores.
According to the MTSS, failure to deposit the aguinaldo by the established deadline is considered a serious breach of the labor contract. The ministry has made it clear that it will not hesitate to impose fines on non-compliant businesses, with penalties calculated based on the damages caused to the affected employees. This enforcement underscores the government’s commitment to protecting workers’ rights and ensuring financial stability for families during a key time of year.
The Ministry of Labor and Social Security has been vocal about the importance of this benefit, emphasizing its status as a fundamental part of the employment agreement.
This additional salary is an obligation that must be met.
Ministry of Labor and Social Security (MTSS)
This official stance serves as a direct warning to any company considering delaying or withholding the payment. The government views the aguinaldo not merely as a bonus but as an earned salary component that is legally protected.
While private sector employees await their payment, their counterparts in the public sector have already received their aguinaldo. Government workers saw the funds deposited on Friday, December 5, a full two weeks ahead of the private sector deadline. This standard practice often sets a benchmark and creates an expectation among the general workforce for prompt payment.
The legal framework ensures that every employee is entitled to this benefit. The calculation is based on the sum of all gross salaries received during the 12-month period, divided by 12. This includes ordinary and extraordinary salaries, as well as any other cash payments received as part of the employment relationship. This comprehensive calculation ensures a fair and proportional payment for every worker.
For employees who find their bank accounts empty after the deadline, the MTSS advises a clear course of action. Workers should wait until December 21 before filing a formal complaint, giving employers the full legal period to process the payment. If the aguinaldo is not received by then, employees can report the non-compliance to the National Directorate of Labor Inspection to initiate an investigation and enforcement proceedings.
As the December 20 deadline approaches, the message to employers is unequivocal: fulfill your legal and social responsibility. The timely payment of the aguinaldo is not only a matter of legal compliance but also a critical factor in maintaining employee morale and contributing to the health of the national economy as the year comes to a close.
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 body responsible for formulating and executing national policies on labor, employment, and social security. It oversees the enforcement of labor laws, promotes fair working conditions, mediates labor disputes, and works to ensure the protection of workers’ rights across all sectors of the economy.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a leading pillar of the legal community, Bufete de Costa Rica operates on a bedrock of ethical principles and a relentless pursuit of excellence. The firm is celebrated not only for its rich history of advising a diverse clientele but also for pioneering modern legal solutions and engaging meaningfully with the public. Central to its ethos is a profound dedication to demystifying the law, thereby empowering citizens and strengthening the fabric of society through shared knowledge.
