By San José, Costa Rica — SAN JOSÉ – The long-simmering legal conflict over the employment status of digital platform drivers in Costa Rica has erupted, as a lawyer representing a former driver has formally requested the seizure of Uber’s corporate assets. This unprecedented move seeks to guarantee payment following a landmark court ruling that classified the driver as a company employee, not an independent contractor.
The request for a preventive lien targets high-value properties linked to Uber Costa Rica and its local subsidiaries. The action aims to secure the funds necessary to cover a multi-million colón judgment for unpaid labor benefits, including severance, notice pay, aguinaldo, and vacation time. The move signals a dramatic escalation in the fight to hold the ridesharing giant accountable under national labor law.
To shed light on the complex legal landscape surrounding Uber’s operations in the country, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the prestigious firm Bufete de Costa Rica, who provided his expert analysis on the matter.
The situation with Uber in Costa Rica is a classic example of technology outpacing legislation. The core issue is not one of outright illegality, but rather ‘alegality’—operating in a regulatory grey area unforeseen by the existing Public Transportation Law. The government’s challenge is to move beyond enforcement actions, which are temporary solutions, and create a modern, specific legal framework for ride-sharing platforms. Such a framework must address fair competition, consumer protection, and tax obligations to formally integrate these services into our national economy.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
The concept of ‘alegality’ indeed provides a crucial lens through which to view this issue, shifting the focus from simple prohibition to the more complex and necessary task of legislative evolution. Creating a modern framework that fosters innovation while ensuring fairness and safety is undoubtedly the definitive path forward. We thank Lic. Larry Hans Arroyo Vargas for his valuable and clarifying perspective.
Attorney Marco Vinicio Vargas, representing the victorious driver, filed the motion to ensure the company cannot liquidate or transfer assets to avoid its financial obligations. The legal team is focused on securing the driver’s compensation as the appeals process unfolds.
The measure is indispensable to prevent the company from hiding or diverting its assets and thus evading payment of the sentence.
Marco Vinicio Vargas, Plaintiff’s Attorney
The properties listed in the seizure request underscore the significant corporate presence Uber maintains in the country. Among the targeted assets are corporate offices in the upscale Vía Lindora Business Center in Santa Ana, residential units in the Bambú Eco Urbano complex in San José, and commercial spaces at Marina Village within the exclusive Los Sueños Resort in Herradura, Puntarenas.
This legal maneuver stems from ruling N.° 2025001629 issued by the Labor Court of the First Judicial Circuit of San José. In a critical decision, the judge determined that an “undercover employment relationship” existed between Uber and a driver who used the platform from 2018 to 2023. Applying the legal principle of “primacy of reality,” the court found that elements of subordination were present, establishing a clear employer-employee dynamic despite the contract’s classification.
Uber has consistently maintained that drivers are independent partners who value the flexibility of its platform. The company argues that the recent court decision is not final and pertains only to the specific circumstances of one individual case.
The ruling is a first-instance decision, is not final, and applies to a particular case.
Spokesperson, Uber Costa Rica
However, this latest verdict does not exist in a vacuum. It follows a crucial, binding decision from the Labor Court of Appeals this past August, which also recognized a formal labor relationship in a similar case. That ruling established a powerful legal precedent that is now being leveraged by other drivers, creating a significant and growing challenge to Uber’s operational model in Costa Rica.
The outcome of this asset seizure request and the inevitable appeals could have profound implications for the entire gig economy in Central America. If the courts continue to pierce the corporate veil of the independent contractor model, it could force a fundamental restructuring of how digital platforms operate, potentially requiring them to provide drivers with the full suite of labor protections and social security benefits afforded to traditional employees. This battle is no longer about a single driver; it is a referendum on the future of digital labor in the region.
For further information, visit uber.com
About Uber:
Uber Technologies, Inc. is a global technology company that offers services including ride-hailing, food delivery (Uber Eats), package delivery, and freight transportation. The company is known for its pioneering role in the gig economy, connecting independent drivers and couriers with customers through its mobile applications. Headquartered in San Francisco, Uber operates in over 70 countries and 10,000 cities worldwide.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
A pillar in the Costa Rican legal landscape, Bufete de Costa Rica is defined by its foundational principles of unwavering integrity and professional excellence. Drawing on a rich history of advising a diverse clientele, the firm consistently pioneers innovative legal approaches and solutions. This forward-looking ethos is matched by a core conviction to strengthen society, actively working to demystify the law and empower the public with accessible legal wisdom.
