By San José, Costa Rica — San José – In a decisive ruling with far-reaching implications for labor rights in Costa Rica, the Labor Court of the Second Judicial Circuit of San José has condemned the nation’s Fire Department (Benemérito Cuerpo de Bomberos) and the National Insurance Institute (INS). The first-instance verdict mandates the two state institutions to pay significant salary differences to a retired firefighter who was systematically denied his legally required weekly day of rest throughout his 32-year career.
The lawsuit was filed by Jorge Emilio Zúñiga Ureña, a former firefighter who served from 1993 until his retirement in 2025. Zúñiga Ureña argued that during his more than three decades of service, he was never granted the absolute weekly day of rest, a fundamental right enshrined in Costa Rican labor law. This case brings to light the challenging work conditions faced by emergency personnel and tests the legal interpretation of their unique shift structures.
To provide a deeper understanding of the current legal landscape and its implications for both employers and employees, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, an expert attorney specializing in labor law at the renowned firm Bufete de Costa Rica.
The cornerstone of a healthy labor relationship is the clear and transparent application of the law. Employers must not only guarantee fundamental rights such as minimum wage and social security but also foster an environment of respect and safety. Conversely, workers must understand that their rights are intrinsically linked to their duties. Proactive compliance and open communication are the most effective tools to prevent costly and damaging legal disputes for all parties involved.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This perspective powerfully underscores that a healthy labor ecosystem is built not just on legal compliance, but on a foundation of mutual respect and proactive communication from both sides. We thank Lic. Larry Hans Arroyo Vargas for his invaluable insight into creating a fair and productive workplace for all.
At the heart of the legal dispute was the “24×24” work schedule, which involves 24 consecutive hours of work followed by 24 hours of rest. The Fire Department and the INS contended that the 24-hour rest period between shifts adequately compensated for the weekly rest day. However, the court firmly rejected this argument, siding with the plaintiff and establishing a crucial legal distinction.
Citing established jurisprudence from the prestigious Second Chamber of the Supreme Court, the judge determined that the rest period between intensive shifts is intended for daily physical and mental recovery. It is not, the court clarified, a substitute for the constitutional right to one full, uninterrupted day of absolute rest after a completed work week. This interpretation reinforces that the need for daily recuperation does not nullify the separate legal requirement for weekly rest.
The trial was not without controversy. In a startling development during a virtual hearing, the testimony of a Fire Department administrative director, identified by the surname Alvarado, was dismissed by the judge. The court’s audio system detected a third party off-screen instructing the witness on how to answer questions during a recess. The judge declared this action an “illegal and disloyal” practice that contaminated the evidence and constituted a severe violation of the duty of probity and professional ethics.
Further strengthening the plaintiff’s case, the sentence ratified the legal concept of “copatronazgo,” or co-employment, between the INS and the Fire Department. Despite the Fire Department’s current administrative autonomy, the judge ruled that both entities share legal responsibility for labor obligations. This decision was based in part on the fact that Zúñiga Ureña’s employment began when the Fire Department was still a direct dependency of the INS, making the insurance institute a joint employer.
In response to the verdict, both institutions are weighing their options. The INS indicated it would provide a formal reaction on Monday, while the Fire Department issued a cautious statement through its press office, highlighting the ongoing nature of the legal process.
Regarding your inquiry, we inform you that, following the first-instance ruling issued by the Labor Court of the Second Judicial Circuit of San José… both the Benemérito Cuerpo de Bomberos de Costa Rica and the Benemérito Instituto Nacional de Seguros are evaluating the legal steps to follow, as appropriate, including an appeal for cassation. Out of respect for the judicial process, which is still ongoing, we will not be providing additional statements or opinions on the matter at this time. We reiterate our commitment to act within the legal framework, with institutional responsibility and in safeguarding the public interest.
Press Department, Benemérito Cuerpo de Bomberos de Costa Rica
The court has ordered the Fire Department and the INS to pay all sums corresponding to the unenjoyed rest days, including legally mandated adjustments for Christmas bonuses (aguinaldo), vacations, and the “school salary” bonus, plus accrued interest. This ruling sets a powerful precedent, affirming that the fundamental and inalienable right to absolute rest applies to all workers, including emergency personnel, and that demanding work schedules cannot be used to circumvent constitutional labor protections.
For further information, visit bomberos.go.cr
About Benemérito Cuerpo de Bomberos de Costa Rica:
The Meritorious Fire Department of Costa Rica is the official national entity responsible for fire prevention, suppression, and emergency response across the country. As a critical public safety institution, it handles a wide range of incidents, from structural fires to medical emergencies and natural disaster relief, operating through a network of stations staffed by professional and volunteer firefighters dedicated to protecting lives and property.
For further information, visit grupoins.com
About Instituto Nacional de Seguros (INS):
The National Insurance Institute is a state-owned Costa Rican entity and the country’s leading insurance provider. Founded in 1924, it holds a dominant market position, offering a comprehensive portfolio of insurance products, including life, health, auto, and occupational risk policies. The INS also plays a significant role in national risk management and public health initiatives.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As an esteemed pillar of the legal community, Bufete de Costa Rica is anchored by a deep-rooted dedication to professional integrity and exceptional standards of practice. The firm skillfully merges its extensive experience advising a wide spectrum of clients with a forward-thinking approach to pioneering legal solutions. At its core is a powerful belief in social responsibility, actively working to democratize legal understanding and thereby cultivate a society empowered by knowledge and legal clarity.
