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Costa Rica - Working time - 2011


LAST UPDATE

9 August 2011

SOURCES


Name of Act

Act No. 2, which promulgates the Labour Code, of 27 August 1943 as amended up to Act No. 8886, of 6 December 2010.
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Name of Act

Political Constitution of the Republic of Costa Rica of 1949, as amended up to Law 8364 of 2003 (Constitución Politica de Costa Rica de 1949).

Name of Act

Act No.7739 issuing the Code of the Childhood and Adolescence of 6 January 1998 (Código de la Niñez y la Adolescencia).

LEGAL DEFINITIONS


Working time/working hours

Effective working time is the time during which the worker is at the disposal of the employer in the establishment, including the lunch periods or breaks.
Labour Code Art.137

Employee/worker

"Worker" means any natural person who renders material or intellectual services to another, according to an express or implied, oral or written, individual or collective labour contract.
Labour Code Art.4

Employer

"Employer" means any natural or legal person (private or public) who employs services of an employer according to an express or implied, oral or written, individual or collective labour contract.
Labour Code Art.2

Overtime/overtime work

"Overtime work" means any work performed exceeding the legal working time limits or that exceeds the lower working time limits that the employer and worker have agreed upon.
Labour Code Art.139

Night work(er)

"Night work" means the work performed in the interval between 7 p.m. and 5 a.m.
Labour Code Art.135

Domestic worker

"Domestic worker" means the worker who provides assistance and comfort to a family or person in exchange of remuneration. They are normally in charge of the cleaning, cooking, washing, ironing, and other tasks which do not generate an economic benefit for the employer.
Labour Code Art.101

Young worker

"Young worker" means a worker who is older than 15 years of age and younger than 18.
Code of the Childhood and Adolescence Art.92, art.2

NORMAL HOURS LIMITS


Daily hours limit


General limit

The normal working hours shall not exceed 8 hours per day.
Labour Code Art.136
Political Constitution Art.58
Historical data (year indicates year of data collection)
  • 2009: 8 hours
  • 2007: 8 hours

Exceptions

The limit can be extended upt to 10 hours unless the work is performed in dangerous or unhealthy conditions and as long as the 48 hour weekly limit are not exceeded.

The 8 hour limit does not apply to certain groups including:
(1) managers, administrators and those who work without direct supervision;
(2) commission agents and similar workers who do not carry out their work at the workplace;
(3) intermittent workers or those whose presence alone is required;
(4) workers who, because of the nature or functions of their work, cannot be subject to the hours limit.
Labour Code Art.140, 143

Special categories


» Young workers

The daily hours limit for adolescent workers (between 12 and 18 years old) is fixed in 6 hours.
Code of the Childhood and Adolescence Art.2, art.95

» Domestic work

The daily hours limit for domestic workers who perform work during daytime is 8 hours and 6 hours for those who perform night work.

However, it can be agreed between the parties longer daily hours; up to 10 hours for daytime work and up to 8 hours for mixed hours (day and night), as long as the weekly hours limit does not exceed the 48 hours.
Labour Code Art.105b)

Weekly hours limit


General limit

The general weekly hours limit is 48 hours.
Political Constitution Art.58
Labour Code Art.136
Historical data (year indicates year of data collection)
  • 2009: 48 hours
  • 2007: 48 hours
  • 1995: 48 hours.

Special categories


» Young workers

The weekly hours limit for adolescent workers (between 12 and 18 years old) is fixed in 36 hours.
Code of the Childhood and Adolescence Art.2, art.95

» Domestic work

The weekly hours limit for domestic workers who perform work during daytime is 48 hours and 36 hours for those who perform night work.

OVERTIME WORK


Criteria for overtime


General

Overtime work is the work performed exceeding the legal working time limits or that exceeds the lower working time limits that the employer and worker have agreed upon.
Labour Code Art.139

Limits on overtime hours


General limits

Overtime hours plus normal working hours shall not exceed 12 hours in total per day.
Labour Code Art.140
Historical data (year indicates year of data collection)
  • 2009: 12 hours in total per day (normal and overtime hours).
  • 2007: 12 hours in total per day (normal and overtime hours)
  • 1995: 4 hours a day and not more than 4 times a week, except in the event of a catastrophe or imminent danger. Not permitted in the case of work which is dangerous or unhealthy.

Restrictions/exceptions

This limit does not apply where the work is in response to disasters or risks to lives, establishments, machinery, facilities, products, or crops; and where the workers concerned cannot not be substituted and the work cannot be postponed.

If the work performed has a dangerous or unhealthy nature, overtime work is forbidden.
Labour Code Art.140, 141

Compensation for overtime work


Overtime rate(s)

Overtime work shall be remunerated with 50% increase over the minimum wage or the normal wage perceived.
Labour Code Art.139
Political Constitution Art.58
Historical data (year indicates year of data collection)
  • 2009: 50% increase over the minimum wage.
  • 2007: 50% increase
  • 1995: 50% premium. 100% for work on weekly rest day.

Special categories


Domestic work

Domestic workers may perform up to 4 hours overtime upon agreement between the parties. The limit of hours that a domestic worker may perform in a day is 12 including overtime.
Labour Code Art.105b)

SCHEDULES

Relevant provisions on schedules have not been identified.

REST PERIODS


Rest breaks


General provisions

The employer and the worker may agree on the length of the period allowed for rest and meals, depending on the nature of the work. The minimum rest period of half an hour to which all workers are entitled to if the working day is continuous, shall be considered working time.
Labour Code §136, 137
Historical data (year indicates year of data collection)
  • 2009: The employer and the worker may agree on the length of the period allowed for rest and meals, depending on the nature of the work. The minimum rest period of half an hour to which all workers are entitled to if the working day is continuous, shall be considered working time.
  • 2007: The employer and the worker may freely agree to the length of the rest period allowed for rest and meals depending on the nature of the work. The minimum rest period of half an hour to which all workers are entitled to if the working day is continuous, shall be considered working time.
  • 1995: 30 minutes to 1 hour.

Special categories


» Domestic work

Domestic workers are entitled to rest one hour during the hours of work and shall be considered as effective work.
When the number of hours is less than 8 and more than 3, the duration of the rest shall be proportional to the hours of work performed.
Labour Code Art.105b)

Daily rest periods


Duration

(No general statutory provision on daily rest. Deducting the maximum daily hours limit from 24 hours provides for a general daily rest of 12 hours.)
Historical data (year indicates year of data collection)
  • 1995: 12 hours.

Weekly rest periods


Duration


» General

Every worker is entitled to a weekly rest day every six days worked, that shall only be paid in the case of workers who render services in commercial establishments, and in other occupations if it has been expressly determined.
Labour Code Art.152
Historical data (year indicates year of data collection)
  • 2009: Every worker is entitled to a weekly rest day every six days worked, that shall only be paid in the case of shop workers, and in those sectors if it has been determined.
  • 1995: 1 day.

Work on weekly rest day


» Criteria

The employer will suffer a penalty if compels the employee to work on a rest day, consisting on a legal sanction plus the obligation to pay the employees double of the normal rate of payment for the hours of work performed.

However the Law provides exceptions to this rule in some occupations, when the nature of the work does not involve heavy, unhealthy or dangerous tasks and upon agreement between the parties. These occupations are those in the agricultural sector, livestock farming, industrial establishments which requires continuous work, or in general in cases which the priority is the public or social interest and the opening of the establishment necessary.
Labour Code Art.152

» Compensation (for working on a rest day)

Normally, working on a rest day is considered overtime work in terms of remuneration, and therefore it shall be compensated with 50% increase over the minimum wage or the normal wage perceived.

However in cases where the public or social interest justifies the measure, and the worker disagree with working on his rest day, the employer may request to the Ministry of Labour authorization for provide his workers with cumulative compensatory rest as a way of remuneration.
Labour Code Art.152
Political Constitution Art.58

Special categories


» Domestic workers

Domestic workers shall enjoy one day of rest each week, which shall be chosen by the agreement between the parties. At least twice per month, the weekly rest shall be enjoyed on Sunday.
Labour Code Art.105c)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

In order to be entitled to enjoy annual leave, the worker shall have performed 50 weeks of continuous work with the same employer.
Labour Code Art.153

Duration


» General

Every worker is entitled to 2 weeks minimum of annual leave after 50 weeks of work performed with the same employer.
Labour Code Art.153
Historical data (year indicates year of data collection)
  • 2009: The worker is entitled to 2 weeks minimum of holidays after fiftty weeks of work to the same employer.
  • 2007: 2 weeks minimum
  • 1995: 15 calendar days for every 50 weeks of continuous work for the same employer.

» Exceptions

In general terms it is not permitted to accumulate holidays. However, it can be done once by the worker who perform specific tasks such as technical, managerial positions or similar work, when is not posible to be replaced by other worker, or when the residence of his family is situated in other Province.
Labour Code Art.159

Payment


» Amount

Normally, in order to calculate the amount of remuneration that the worker is entitled during his annual leave, it shall be taken into account the average of the ordinary and extraordinary remunerations perceived in the last week; best reference term provided by Regulation regarding occupations in the agricultural sector; or the average of the last 50 weeks if working in an commercial, industrial establishment or of any type.

Annual leave shall be enjoyed, and in general, no compensation may be paid in lieu.
Labour Code Art.156,157

Schedule and splitting

The employer will indicates the time of enjoying the annual leave, and shall make it at latest within the 15 days after 50 weeks of continuous work, in order to not alter the functioning of the establishement, industry or business.
The provision is not clear as whether the worker is entitled to decide the exact dates of annual leave or not.

Workers shall enjoy the leave uninterrupted. Under agreement between the parties, such leave may be split in two terms, when the circumstances of the establishment permits it.
Labour Code Art.155, 158

Special categories


» Domestic work

Domestic workers are entitled to 15 days paid of annual leave, or proportionally amount when the contract expires before reaching 50 weeks of work.
Labour Code Art.105d)

PUBLIC HOLIDAYS


Number and dates

The following days are paid public holidays:
New Year’s Day (1 January), Juan Santa María Day (11 April), Good Thursday (21 April), Good Friday (22 April), Labour Day (1 May), Guanacaste Day (25 July), Mothers’Day-Assumption (15 August), Independence Day (15 September), and Christmas Day (25 December).

In addition, the 2 of August (Lady of the Angels’ Day) and 12 October(Día de la Raza Holiday) are considered public holidays but its payment is not compulsory. If the 12 of October does not fall on Monday the enjoyment shall be postponed.
Labour Code Art.148

Payment

Public Holidays are normally paid, with the exception of the 2 of August and 12 of October which payment is not compulsory.
Labour Code Art.148

Work on Public Holidays


» Criteria

It is absolutely forbidden to compel an employee to perform work during public holidays, and so if done, the employer shall suffer a penalty and shall compensate the worker according to the Law.

However the Law provides some exceptions to this rule in cases of force majeure, in cases that continuous tasks are required to preserve the deterioration of goods, technical reasons, urgent tasks and in general in cases which the priority is the public interest and the opening of the establishment necessary, like hotels, pharmacies, cafeterias, restaurants, cinemas, etc.
Labour Code Art.148,150,151

PART-TIME WORK

Relevant provisions on part-time work have not been identified.

NIGHT WORK


Criteria for night work

Night work means the work performed in the interval between 7 p.m. and 5 a.m.

In cases of mixed hours of work, day and night, it is considered night work when is performed 3 hours and a half or more in the interval between 19.00 and 05.00 of the following day.
Labour Code Art.135,138

Limits


Daily hours limit

The daily hours of work cannot exceed 6.
Political Constitution Art.58

Weekly hours limit

The weekly hours of work cannot exceed 36 hours.
Political Constitution Art.58

Overtime work

No specifications as wether overtime hours are paid with a higher rate of payment than those workers who perform day work. Therefore, it seems that the rate of payment is equally remunerated with 50% increase over the minimum wage or the normal wage perceived.
Political Constitution Art.58

Rest breaks

The employer and the worker may agree on the length of the period allowed for rest and meals, depending on the nature of the work. The minimum rest period of half an hour to which all workers are entitled to if the working day is continuous, shall be considered working time.
Labour Code Art.136,137

Special categories


Young workers

Night work is forbidden for adolescents workers in the interval between 19:00 and 07:00.

In case of mixed daily and nightly hours, adolescents workers shall not perform work after 22:00.
Code of the Childhood and Adolescence Art.95

Women

Women cannot perform night work with the exception of those who work at home or with their families, or who work as nurses, domestic workers, and other similar positions, as long as their work is not perform after 12 pm and when the terms of their contracts are approved by the labour inspection authorities.
Labour Code Art.88b)

Women

Women may perform night work in establishements where are rendered services in the public interest and where no exists exposure to any dangerous, unhealthy or heavy conditions.
Women may perform night work during the time compatible with her moral, physical and mental health.
An individualized authorization by the Ministry of Labour and Social Security is required.
Labour Code Art.88b)

SHIFT WORK

Relevant provisions on shift work have not been identified.

ON-CALL WORK

Relevant provisions on on-call work have not been identified.

FLEXITIME

Relevant provisions on flexitime work have not been identified.

CASUAL WORK

Relevant provisions on casual work have not been identified.

SHORT-TIME WORK/WORK-SHARING

Relevant provisions on short-time work have not been identified.

RIGHT TO CHANGE WORKING HOURS

Relevant provisions on right to change working hours have not been identified.

INFORMATION & CONSULTATION

Relevant provisions on information and consultation have not been identified.

Results generated on: 26th October 2014 at 00:52:04.
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