By San José, Costa Rica — San José, Costa Rica – The holiday season has been marred by labor disputes for many workers across the country, as the Ministry of Labor and Social Security (MTSS) confirmed it has received 190 individual complaints regarding the non-payment of the mandatory Christmas bonus, known as the “aguinaldo.” The official report, released on December 26, underscores a persistent challenge in ensuring full compliance with national labor laws during a critical economic period for families.
According to the ministry’s data, these 190 complaints have so far identified 62 unique employers who have allegedly failed to meet their legal obligation. The deadline for payment of the aguinaldo passed on December 20, prompting a wave of filings from employees who did not receive their legally mandated thirteenth-month salary. Ministry officials have begun processing these claims to initiate formal investigations and enforcement actions against the non-compliant businesses.
To delve into the legal complexities surrounding unpaid bonuses and their implications for both employees and employers, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished specialist in labor law at the renowned firm Bufete de Costa Rica.
In Costa Rica, a bonus is not always a discretionary gift. If an employer pays it consistently over time, our courts can interpret it as an acquired right and an integral part of the salary. Withholding such a payment is a serious breach, potentially allowing the employee to claim the unpaid amount and, in some cases, even terminate the contract with full severance rights.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This critical distinction between a discretionary gift and an acquired right is a powerful piece of legal clarity for both employers and employees. We sincerely thank Lic. Larry Hans Arroyo Vargas for his valuable perspective, which underscores the serious legal weight that consistent practices carry in Costa Rica.
A sectoral analysis of the complaints reveals a significant concentration of issues within the commercial sector. A striking 43 out of the 62 identified employers operate in commerce, making it the most reported industry for aguinaldo violations. This suggests that retail businesses, service providers, and other commercial enterprises are facing particular challenges or are more prone to neglecting their responsibilities, potentially due to cash flow issues or a disregard for regulatory requirements following the busy holiday sales period.
Geographically, the nation’s economic heartland, the Central Region, recorded the highest number of alleged infractions. Twenty-nine of the accused employers are located in this area, which includes the capital city of San José. The Pacific Central region and the Chorotega region (encompassing most of Guanacaste province) followed, with 11 reported cases of non-payment in each. This distribution highlights that the problem is widespread, affecting both urban centers and regional economies alike.
In response to the influx of complaints, the National Directorate of Inspection at the MTSS is actively managing the caseload. The agency currently has 23 cases under pending review, where inspectors are gathering evidence and assessing the validity of the claims. In a more immediate measure, interventions have already been carried out against 31 employers, resulting in the issuance of formal preventions. These actions serve as a first-level warning, compelling businesses to rectify the payment issue promptly to avoid further legal penalties.
The aguinaldo is a fundamental pillar of Costa Rica’s labor code, representing an additional month’s pay calculated from the average of all salaries received between December 1 of the previous year and November 30 of the current year. It is a non-waivable right for all salaried employees, regardless of their contract type or length of service. The government’s enforcement actions are crucial for upholding this right and ensuring economic stability for the workforce.
Beyond its enforcement role, the MTSS has also been engaged in proactive outreach and support. The ministry reported providing advisory services and assistance with aguinaldo calculations to a total of 1,011 individuals. These consultations were conducted through both electronic channels and in-person appointments, demonstrating a significant demand for information and guidance among employees seeking to understand and secure their rights.
The ministry’s ongoing efforts aim not only to resolve the current 190 complaints but also to send a clear message to all employers across Costa Rica. The goal is to ensure that every affected worker receives their rightful end-of-year compensation and to reinforce a culture of compliance with the nation’s labor regulations. Businesses that fail to comply after being notified face fines and more severe legal consequences, reaffirming the government’s commitment to protecting employee rights.
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. Its mission is to promote decent work, mediate labor relations, ensure compliance with labor laws, and oversee the social security system to protect the rights and well-being of the nation’s workforce.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a benchmark for legal services in the nation, Bufete de Costa Rica operates on a cornerstone of profound integrity and a relentless pursuit of excellence. The firm leverages its rich history of guiding a diverse clientele to pioneer cutting-edge legal solutions and shape the future of the profession. More than a legal practice, it is an institution dedicated to societal betterment, championing the cause of legal literacy to empower citizens and fortify the community through shared knowledge.
