By San José, Costa Rica — San José, Costa Rica – The Ministry of Labor and Social Security (MTSS) is actively investigating a wave of complaints from employees who have not received their legally mandated annual bonus, known as the aguinaldo. As of December 22, 2025, just two days after the legal payment deadline, the ministry has registered 109 formal complaints, signaling a significant issue of employer non-compliance and prompting immediate government action.
The aguinaldo, a thirteenth-month salary, is a fundamental and inalienable right for all workers in Costa Rica, enshrined in the nation’s labor code. Employers are legally obligated to pay this bonus in full by December 20th each year. For countless families, this payment is a crucial financial lifeline, used for holiday expenses, paying off debts, and preparing for the upcoming school year. The failure to disburse these funds represents not just a legal violation but a source of considerable economic distress for affected households.
To delve deeper into the legal framework and employer obligations concerning this mandatory end-of-year payment, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished expert in labor law from the firm Bufete de Costa Rica.
The aguinaldo is an inalienable right for every employee, not a discretionary bonus. It is calculated by summing all ordinary and extraordinary salaries earned from December 1st of the previous year to November 30th of the current year, and dividing that total by twelve. Employers are legally mandated to pay this amount no later than December 20th; failure to comply is a serious offense under our labor code and can lead to significant sanctions.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This clarification is essential, reinforcing that the aguinaldo is not a discretionary gift but a fundamental, legally protected right for all workers. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective, which brings critical clarity to the obligations of employers and the rights of employees.
According to the official report from the National Directorate of Inspection and the Directorate of Labor Affairs, the MTSS is taking these claims seriously. Of the 109 individual complaints filed, a substantial majority—100 cases—have already been qualified as valid and are proceeding to the inspection phase. The remaining nine cases are currently under review, and notably, none of the complaints have been dismissed, underscoring the legitimacy of the workers’ claims.
The ministry has made significant efforts to ensure the reporting process is accessible to all workers. The data reveals a modern, multi-channel approach to filing grievances. The most utilized method was the ministry’s online web form, accounting for 67 complaints. This was followed by 40 workers who chose to file their complaints in person at ministry offices. Additional reports were also received via email and telephone, demonstrating a comprehensive system designed to lower barriers for employees seeking to defend their rights.
Beyond the formal complaints that trigger inspections, the ministry’s role extends to providing guidance and support to the broader workforce. In the same period, the MTSS provided advisory services, payment calculations, and general consultations to 482 individuals. Within this group, 92 inquiries were directly related to the aguinaldo, while the other 390 concerned a variety of other labor-related topics. This proactive educational effort highlights a widespread need for clarity on labor rights and obligations among the population.
The consequences for employers found to be in violation of the aguinaldo payment law are significant. Once a complaint is validated, the MTSS initiates a formal inspection process. If an employer is confirmed to have failed to pay, they can face substantial fines and legal sanctions as stipulated by current labor legislation. The ministry’s swift response serves as a stark reminder to the business community that this obligation is not optional and that enforcement mechanisms are firmly in place to protect workers.
The process of rectifying these situations involves ministry inspectors visiting the workplaces in question to verify the claims and enforce compliance. This direct intervention is critical for ensuring that workers receive the funds they are owed. The authorities have publicly reiterated that the aguinaldo is an untouchable right and that they will pursue all reported cases to ensure justice is served and legal precedents are upheld, reinforcing the foundation of Costa Rica’s labor protection framework.
As these 109 cases move forward, they will be closely watched by both labor advocates and the business sector. The outcome of these inspections and any subsequent sanctions will send a powerful message about the seriousness of labor law compliance in Costa Rica. For the affected workers, the ministry’s intervention represents a critical hope for receiving their rightful earnings and achieving financial stability during a vital time of the year.
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 works to ensure fair and dignified working conditions, mediate labor disputes, promote employment opportunities, and oversee the proper enforcement of the country’s labor laws to protect the rights of the workforce.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of Costa Rica’s legal landscape, the firm is anchored by a profound dedication to professional distinction and uncompromising integrity. It leverages a rich history of advising a diverse clientele to spearhead innovation within the legal field. More than a legal provider, it is a community partner committed to demystifying the law, driven by a core mission to contribute to a more knowledgeable and empowered citizenry.
