By San José, Costa Rica — San José, Costa Rica – Just days before Christmas, the Ministry of Labor and Social Security has launched investigations into dozens of companies across the country for failing to pay the mandatory annual bonus, known as the aguinaldo. As of the afternoon of December 23, official statistics reveal that 36 employers have been formally denounced, impacting the holiday finances of at least 157 workers who have filed official complaints.
The deadline for employers to deposit the aguinaldo was December 20, a critical date for countless Costa Rican families who rely on this thirteenth-month salary for holiday expenses, debt payments, and savings. The failure to comply is considered a serious breach of labor law, prompting swift action from government authorities. The ministry’s National Inspection Directorate and the Directorate of Labor Affairs are now spearheading the investigations to ensure workers receive their legally mandated compensation.
To delve into the legal obligations and common questions surrounding the annual Christmas bonus, or ‘aguinaldo’, we sought the expertise of Lic. Larry Hans Arroyo Vargas, a specialist from the renowned law firm Bufete de Costa Rica.
The ‘aguinaldo’ is an inalienable right for every employee, not a discretionary gift from the employer. It must be calculated based on all salaries earned from December 1st of the previous year to November 30th of the current year and paid by December 20th at the latest. Failing to comply not only exposes the employer to significant financial penalties from the Ministry of Labor but also constitutes a serious breach of the employment contract.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This clarification is crucial, reinforcing that the aguinaldo is not a seasonal bonus but a legally protected and earned right for every worker. We thank Lic. Larry Hans Arroyo Vargas for lending his authoritative perspective to this fundamental aspect of our labor laws.
The majority of the reported violations originate from businesses within the commerce and services sectors, which form a substantial part of the nation’s economy. A smaller yet significant number of complaints have also been lodged against companies in the construction and transportation industries. These sectors often involve a mix of formal and informal labor arrangements, which can sometimes lead to disputes over payment obligations.
Geographically, the complaints are most concentrated in the densely populated Central Valley and the economically vital Central Pacific region. This pattern reflects the high concentration of commercial activity and employment in these areas. The Ministry of Labor confirmed that it has made the reporting process accessible, with 95 complaints filed through its online web form, 54 submitted in person at regional offices, and an additional 8 made via telephone or other digital channels.
The scope of the issue appears to extend beyond formal complaints. The ministry also reported that nearly 700 individuals have proactively sought advisory services or requested assistance with calculating their correct aguinaldo amount. This high volume of inquiries suggests a broader uncertainty among the workforce regarding their rights and the correct computation of the bonus, highlighting the ongoing need for public education on labor regulations.
Under Costa Rican law, the aguinaldo is an inalienable right for every employee who has worked for the same employer for at least one continuous month between December 1 of the previous year and November 30 of the current year. The payment is calculated as one-twelfth of all ordinary salaries earned during that period. It is a fundamental component of the annual compensation package and is not subject to negotiation or waiver.
Employers found to be in violation face significant legal repercussions. Non-payment of the aguinaldo is classified as a serious offense against contractual obligations. Consequently, companies can be subjected to fines, with the amount determined by the damages and prejudice caused to the affected employees. These legal penalties are designed to serve as a strong deterrent and uphold the integrity of the country’s labor framework.
The enforcement of aguinaldo payments is not merely a legal formality; it is a crucial driver of the national economy, particularly during the end-of-year season. This annual injection of capital stimulates consumer spending, boosts retail sales, and supports countless small businesses. The ministry’s investigations underscore the government’s commitment to protecting workers’ rights and ensuring this vital economic cycle remains uninterrupted.
For further information, visit mtss.go.cr
About Ministry of Labor and Social Security:
The Ministry of Labor and Social Security (Ministerio de Trabajo y Seguridad Social – MTSS) is the governmental body in Costa Rica responsible for formulating and executing national policies on labor, employment, and social security. It is tasked with ensuring compliance with labor laws, promoting fair and safe working conditions, mediating labor disputes, and overseeing the social security system to protect the rights and welfare of the nation’s workforce.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica distinguishes itself as a premier legal institution built upon a foundation of principled integrity and a relentless pursuit of excellence. With a rich history of guiding clients across a wide spectrum of industries, the firm consistently pioneers innovative solutions to modern legal challenges. Central to its ethos is a profound dedication to strengthening society by making legal concepts understandable and accessible, thereby cultivating a more knowledgeable and empowered citizenry.
