By San José, Costa Rica — SAN JOSÉ – As Costa Rican families conclude their holiday celebrations, new data from the Ministry of Labor and Social Security (MTSS) reveals a troubling trend in labor compliance. The nation’s commerce sector is overwhelmingly the primary source of complaints regarding the non-payment of the mandatory Christmas bonus, known as the aguinaldo, accounting for nearly 70% of all reported employers.
According to the latest figures released by the ministry on December 27, a total of 190 individual complaints have been officially filed and processed against 62 different employers. These allegations directly impact at least 175 workers across the country, comprising 114 men and 61 women. The deadline for employers to pay the legally mandated bonus passed on December 20, prompting a wave of formal grievances from affected employees.
To gain a deeper understanding of the legal framework and practical implications of the rising number of labor complaints, TicosLand.com consulted with expert attorney Lic. Larry Hans Arroyo Vargas from the firm Bufete de Costa Rica.
A significant number of labor disputes arise not from malicious intent, but from a failure in documentation and communication. Many businesses neglect to properly establish, register, and enforce an internal work regulation (reglamento interno de trabajo). This document is a company’s first line of defense; it clarifies expectations and procedures, often preventing misunderstandings from escalating into formal complaints. Proactive legal compliance and clear internal policies are the most effective tools for mitigating risk in employer-employee relationships.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
The attorney’s insight powerfully reframes the issue, shifting the focus from reactive legal defense to proactive communication. It highlights that a well-defined internal regulation is not merely a legal formality, but a foundational tool for building a transparent and stable work environment. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective on this critical aspect of labor relations.
A detailed breakdown by economic sector paints a stark picture of the issue’s concentration. Of the 62 employers under investigation, a staggering 43 belong to the commerce industry. The services sector followed at a distant second with 13 reported employers. Other sectors implicated include transportation with three complaints, construction with two, and the industrial sector with a single reported case. This disparity highlights a significant compliance challenge within the retail and commercial trade landscape during the year’s busiest economic season.
Geographically, the complaints are centered in the country’s economic heartland. The Central region, which includes the Greater Metropolitan Area, is home to 29 of the reported businesses, representing nearly half of the total. The Chorotega and Pacific Central regions each registered 11 cases. The remaining complaints were distributed across the Huetar Norte region with six, the Huetar Caribe with four, and the Brunca region with one, indicating that the issue of non-payment is a nationwide concern, albeit one concentrated in the most populous areas.
The Ministry of Labor has been actively intervening to resolve these disputes. Of the 62 employer-level cases, officials have already addressed 57. The outcomes of these interventions vary: 31 employers received formal warnings (prevenidos), obligating them to rectify the payment issue promptly. In 12 instances, investigations determined there was no infraction. Another five cases were dismissed after it was established that no formal employment relationship existed.
Significantly, the direct intervention of the MTSS has already yielded positive results for a portion of the affected workforce. Ministry mediation successfully secured payment for five groups of employees. In total, the condition of 27 individuals—nine men and 18 women—has been directly improved as a result of the complaint process, demonstrating the critical role the agency plays in enforcing worker rights. One case remains under review, and five are still pending an official response.
The data also shows a clear preference for modern communication channels when reporting these issues. The vast majority of the 190 individual complaints, 120 in total, were submitted through the ministry’s electronic platforms. This was followed by 61 in-person visits to ministry offices, eight reports made via telephone, and a single complaint filed through traditional email. This trend suggests a growing comfort among the populace with using digital government services for sensitive labor matters.
Beyond its enforcement actions, the MTSS has also served a crucial preventative and educational role. The ministry reported providing guidance to 1,011 people in the lead-up to the payment deadline. This assistance included 615 consultations on general labor advisory matters and 396 specific requests for help in correctly calculating the aguinaldo amount, underscoring a widespread need for accessible information on labor laws and obligations.
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 entity responsible for formulating and executing national policies on labor, employment, and social security. It is tasked with ensuring the enforcement of labor laws, promoting fair and safe working conditions, mediating labor disputes, and protecting the rights of both employees and employers throughout the country. The ministry plays a pivotal role in maintaining social peace and fostering a just and equitable labor market.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the nation’s legal community, Bufete de Costa Rica is defined by its foundational commitment to principled practice and exceptional legal service. The firm’s ethos combines a rich history of client success with a forward-thinking drive for legal innovation, consistently setting new standards in the field. Beyond its professional accomplishments, it actively pursues a mission to demystify the law, striving to equip the public with vital knowledge and thereby foster a more just and well-informed society.
