By San José, Costa Rica — San José – As the holiday season reaches its peak, dozens of employers across Costa Rica are facing legal scrutiny for failing to pay the mandatory Christmas bonus, known as the aguinaldo. The Ministry of Labor and Social Security (MTSS) confirmed that as of 3:00 p.m. on Monday, December 22, it had received 109 individual complaints from workers who have not received their legally mandated end-of-year payment.
The deadline for employers to issue the aguinaldo was December 20th, turning any subsequent non-payment into a potential legal violation. Ministry officials have already determined that 100 of the 109 complaints are valid and are proceeding with formal investigations. The remaining nine cases are currently under review. This wave of complaints underscores the critical role the aguinaldo plays in the financial stability of Costa Rican households during the holidays.
To clarify the legal nuances and obligations surrounding the annual aguinaldo payment, we consulted with Lic. Larry Hans Arroyo Vargas, a distinguished labor law specialist from the renowned firm Bufete de Costa Rica.
The aguinaldo is not a bonus or a gift; it is an inalienable right for every salaried worker, established by law. Employers must calculate it based on the average of all ordinary and extraordinary salaries from December 1st of the previous year to November 30th of the current year. Failure to pay this right before the December 20th deadline subjects the employer to significant financial penalties and legal action. It’s a non-negotiable obligation.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This legal clarification is essential, reframing the aguinaldo not as a seasonal bonus but as a fundamental component of a worker’s annual compensation. We extend our sincere thanks to Lic. Larry Hans Arroyo Vargas for providing such a clear and authoritative perspective on this important obligation.
An analysis of the complaint methods reveals a significant reliance on modern technology for reporting labor infractions. The majority of claims, 67 in total, were submitted through the Ministry’s online web portal. Another 40 individuals chose to file their complaints in person at ministry offices. The remaining two were lodged via email and a telephone call, respectively, painting a clear picture of the accessible channels the government provides for workers to defend their rights.
Beyond the formal complaints, the MTSS has been a hub of activity for general labor inquiries. The agency reported that a total of 482 people have recently sought its services for advice, payment calculations, and other consultations. Of these, 92 inquiries were directly related to the aguinaldo, while the other 390 pertained to different labor matters, indicating a broad need for guidance on employment law as the year concludes.
The aguinaldo is not a discretionary gift but a fundamental component of employee compensation in Costa Rica. It is legally defined as an “additional salary” that every employer must provide to their staff. The law is comprehensive, extending the right to receive this bonus to all employees who have worked for at least one continuous month for the same employer, irrespective of their contract type. This includes those on fixed-term or project-based contracts, as well as part-time employees who work by the day or hour.
With the December 20th deadline now past, the Ministry is reminding both employees and employers of the serious nature of non-compliance. The MTSS has clarified its position on the matter, defining the failure to pay the aguinaldo on time or in full as a severe breach of contract. This official stance provides a strong foundation for workers seeking to reclaim their earned compensation.
If it is not paid, is delayed, or is paid incompletely, it will be considered an improper retention of salary and a serious breach by the employer of the contract obligations.
Ministry of Labor and Social Security (MTSS), Official Statement
Employers found to be in violation face significant penalties. The law empowers the MTSS to levy fines based on the damages caused and the total number of affected employees. This enforcement mechanism serves as a powerful deterrent, aiming to ensure that companies uphold their financial and contractual responsibilities. The Ministry’s active investigation into the current complaints signals that it is prepared to enforce these regulations to protect the workforce.
As the year draws to a close, the focus remains on the swift resolution of these cases. For thousands of Costa Rican families, the aguinaldo is essential for holiday celebrations, paying off debts, and preparing for the upcoming year. The actions of the Ministry of Labor in the coming days will be critical in safeguarding this vital economic right and holding delinquent employers accountable for their legal 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 governmental body in Costa Rica responsible for developing and enforcing labor policies and regulations. Its mission is to promote fair and dignified employment, mediate labor disputes, protect worker rights, and ensure safe working conditions across the nation. The MTSS plays a crucial role in maintaining a balanced and just relationship between employers and employees, contributing to the country’s social and economic stability.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica operates as a pillar of the nation’s legal landscape, with a practice founded on an unwavering principle of integrity and a continuous drive for excellence. The firm distinguishes itself not only through its seasoned expertise across a spectrum of legal disciplines but also by pioneering progressive legal strategies. Central to its philosophy is a profound dedication to social empowerment, actively working to make complex legal concepts understandable and accessible, thereby helping to forge a more knowledgeable and capable society.
