Remarks: This is public law and its provisions shall apply to all enterprises, establishments or of any nature whatsoever, whether public or private, existing or hereafter established in Costa Rica, as well as all the citizens of the Republic without distinction of sex or nationality. Agricultural and stockbreeding exploitations that do not employ more than 5 workers are excluded from the scope of application of the Code. Labour Code Art.14 (c)
Name of Act
Constitutive Act No. 17 of the Costa Rican Social Security Fund, of 3 December 1996 (Ley Constitutiva de la Caja Costarricense de Seguro Social CCSS).
Act No. 7142, Promotion of Women’s Equality, of 8 March 1990 (Ley de Promocion de la Igualdad Social de la Mujer, La Gaceta, No. 59, 26 March 1990, pp. 1-3) [LLD 1990-CRI 1].
Health Insurance Regulation of 3 December 1996 (Caja Costarricense de Seguro Social- Reglamento del Seguro de Salud, La Gaceta, No. 25, 5 February 1997, pp. 62-68], in amended form until Social Security Regulations No. 8061 of 30 May 2006 (La Gazeta No. 121, 23 June 2006).
Decree No.35434-S-MTSS implementing telework for pregnant workers of 12 August 2009 (Decreto No.35434-S-MTSS de implementación del teletrabajo en mujeres que se encuentren en estado de embarazo que presten servicios en instituciones públicas del Estado y todas las empresas del sector privado)
Remarks: The application of this Decree is temporal and subject to the existence of the national sanitary emergency of prevention against the proliferation of the AH1N1 virus. The latest report of the Costa Rican Ministry of Health, following the WHO report of 12 March 2010, provides that the emergency is still in force. http://www.ministeriodesalud.go.cr/index.php/inicio-alerta-alerta-sanitaria-ms/cat_view/143-alertas/144-alerta-sanitaria/52-emergencia-a-h1n1/53-emergencia-sanitaria
Name of Act
Decree No. 36244-MTSS issuing the creation of the Technical Tripartite Commission on Gender Equality, of 8 November 2010 (Decreto Num.36244-MTSS de creación de la Comisión Técnica Tripartita para la Igualdad y Equidad de Género en el Trabajo)
Law No.8805 against the sexual harassment in employment, of 28 April 2010 (Ley No. 8805 contra el Hostigamiento o Acoso Sexual en el Empleo y la Docencia).
Act No.7756 issuing the Benefits for the Carers of Patients who are in the Final Stage of Life of 11 February 1998, as amended up to 2007(Ley No.7756 sobre los Beneficios para los Responsables de Pacientes en Fase Terminal).
Regulation No.33507-MTSS on the Occupational Health on the Management and Use of Agrochemicals of 24/10/2006 (Reglamento de Salud Ocupacional en el Manejo y Uso de Agroquímicos).
Maternity protection is conferred by the Labour Code and covers all working women in the public and private sector.
Labour Code Art.4, 14
Qualifying conditions
The pregnant worker will be entitled to enjoy paid maternity leave if presented to the employer a medical certificate indicating that the expected date of delivery is within the next 5 weeks from the issuing of such document.
Labour Code Art.95
Duration
Compulsory leave
The worker has to enjoy maternity leave scheduled as one month before and three months following confinement.
Labour Code Art.95
General total duration
The worker is entitled to enjoy 4 months in total of maternity leave.
Labour Code Art.95
Historical data (year indicates year of data collection)
2009: The worker is entitled to one month before and three months following confinement.
2004: Four months
1998: Four months
1994: Four months
Extension
The period of maternity leave can be extended up to more 3 months by medical prescription.
Labour Code Art.95, 96
Leave in case of illness or complications
The worker is entitled to an extension up to three months for medical reasons.
Labour Code Art.96
RELATED TYPES OF LEAVE
Parental leave
Relevant provisions on parental leave have not been identified.
Paternity leave
Relevant provisions on paternity leave have not been identified.
Adoption leave
Scope
Adoption leave is conferred by the Labour Code and covers all workers in the public and private sector.
Labour Code Art.95
Qualifying conditions
The worker shall be entitled to enjoy paid adoption leave, if presented to the employer a certificate, issued by the National Child Committee or the Family Court, indicating the administrative formalities taken for the adoption.
Labour Code Art.95
Length
The Labour Code provides the same entitlements for an adoptive mother and a biological mother. To this respect, the adoptive mother shall enjoy three months of leave from the day the child passes into her custody.
Labour Code Art.95
RIGHT TO PART-TIME WORK
Relevant provisions on right to part-time work have not been identified.
CASH BENEFITS
Maternity leave benefits
Scope
The social security is universal and its afiliation covers all the residents in Costa Rica. Therefore maternity benefits are to enjoyed by all working women in all sectors.
Health Insurance Regulation Art.1
Qualifying conditions
In order to be entitled to enjoy maternity benefits the worker shall have worked at least 3 months preceeding the date of confinement. In addition, the pregnant worker will be entitled to enjoy paid maternity leave if presented to the employer a medical certificate indicating that the expected date of delivery is within the next 5 weeks from the issuing of such document.
Health Insurance Regulation Art.42 Labour Code Art.96
Duration
The duration of maternity benefits shall be enjoyed for the whole duration of the leave, which is 4 months.
Labour Code Art.95 Health Insurance Regulation Art.40
Amount
The amount of maternity benefits is paid as follows; 50% of the salary from 3 to 6 months of contribution to the Social Security Fund, 75% from 6 to 9 months, and 100% for 9 months or more.
Labour Code Art.95 Health Insurance Regulation Art.42
Historical data (year indicates year of data collection)
2009: The total amount of her remuneration: 50 per cent from social security and 50 per cent from the employer. In cases where the woman does not fulfill the prerequisites to receive social security benefits, the employer shall pay her two-thirds of her remuneration. Benefits are paid one month before confinement and three months following confinement.
2004: One hundred percent
1998: One hundred percent
1994: One hundred percent
Financing of benefits
The amount of maternity benefits is to be paid in 50% by the Costa Rican Social Security Fund and in 50% by the employer.
Labour Code Art.95
Historical data (year indicates year of data collection)
2009: Costa Rican Social Security Fund (50 per cent) and the employer (50 per cent).
2004: Fifty percent social security, fifty percent employer
1998: Fifty percent social security, fifty percent employer
1994: Fifty percent social security, fifty percent employer
Alternative provisions
Maternity benefits are to be paid only if the worker effectively enjoys the leave before and after delivery. Otherwise the payments may be suspended if proved that the worker is engaged in remunerative work.
In the case of miscarriage or premature non-viable birth, the worker shall enjoy paid leave but will be reduced in a half.
Labour Code Art.99, art.96
Parental leave benefits
Relevant provisions on parental leave benefits have not been identified.
Paternity leave benefits
Relevant provisions on paternity leave benefits have not been identified.
Adoption leave benefits
Scope
Adoption benefits are conferred by the Labour Code and covers all workers in the public and private sector.
Labour Code Art.14, art.95
Qualifying conditions
The worker shall be entitled to enjoy paid adoption leave, if presented to the employer a certificate, issued by the National Child Committee or the Family Court, indicating the administrative formalities taken for the adoption.
Labour Code Art.95
Duration
In case of adoption the adoptive mother is entitled to cash benefits for three months from the time the child passes into the worker’s custody.
Labour Code Art.95
Amount
Relevant provisions have not been identified. However the Labour Code states that adoptive female workers enjoys the same rights as biological mothers. Therefore it seems that the amount of adoption benefits is as follows; 50% of the salary from 3 to 6 months of contribution to the Social Security Fund, 75% from 6 to 9 months, and 100% for 9 months or more.
Labour Code Art.95 Health Insurance Regulation Art.42
Financing of benefits
Relevant provisions have not been identified. However it seems that adoption benefits are to be paid in 50% by the Costa Rican Social Security Fund and in 50% by the employer, as in the case of maternity benefits.
Labour Code Art.95
MEDICAL BENEFITS
Pre-natal, childbirth and post-natal care
The Clinics covered by the Social Security Fund and Health Care Centres shall provide free prenatal and post natal care to the adolescents mothers. In addition, adolescent mothers are entitled to receive information regarding maternity, free medical examinations for her and for the nasciturus, medical assistance in the confinement, and if necessary the food to complete her diet and her child’s diet during the breastfeeding period.
Relevant provisions for medical benefits in general have not been identified.
Act No.7735 Art.9b) Act No.7739 Art.50
BREASTFEEDING
Right to nursing breaks or daily reduction of hours of work
A breastfeeding worker is entitled to fifteen minutes every three hours or, if preferred, half-hour twice during the working day, unless a medical certificate states that only a shorter period of time is required. The employer shall also endeavor to ensure that the worker has the opportunity to take a rest period according to the possibilities relating to her employment. Nursing breaks and rest periods will be calculated as hours worked.
Labour Code Art.97
Remuneration of nursing breaks
Nursing breaks will be calculated as hours worked.
Labour Code Art.97
Nursing facilities
Enterprises that employ more than 30 women are obliged to provide an appropriately equipped area in which women may safely nurse their children.
Every employer, public and private institutions, shall provide the adolescent mothers the adequate conditions for nurse their children.
Labour Code Art.100 Act No.7739 Art.52
HEALTH PROTECTION
Arrangement of working time
Night work
Nightwork for women is prohibited.
Labour Code §88(b)
Leave in case of sickness of the child
Every worker in charge of a patient in the final stage (including a new born child) will be entitled to a leave paid as minimum 60% of the average of the last 3 months, renewable each month and up to 6 months.
Act No.7756 Art.1,4,5
Other work arrangements
All pregnant workers, working in any Public Institution or Public Company or in any private establishment in Costa Rica, are entitled to apply for the performance of their work from home or other appropriately equipped area, as far as technically practicable.
Decree No.35434-S-MTSS Art.1,2,3,4,5
Remarks: The application of this Decree is temporal and subject to the existence of the national sanitary emergency of prevention against the proliferation of the AH1N1 virus. The latest report of the Costa Rican Ministry of Health, following the WHO report of 12 March 2010, provides that the emergency is still in force.
Dangerous or unhealthy work
General
It is not permitted to employ women in general to carry out work that is unhealthy, heavy or dangerous.
Labour Code Art.87
Particular risks
» Work involving exposure to biological, chemical or physical agents
It is absolutely forbidden to employ any pregnant worker or nursing mother in any work involving the use and management of agrochemicals.
Regulation No.33507-MTSS Art.7
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Anti-discrimination measures
The State is obliged to promote and guarantee equal rights between women and men in the political, economic, social and cultural spheres. State powers and institutions must guarantee that women do not suffer discrimination on the grounds of sex and that they enjoy the same rights as men. The Constitution states that Laws in Costa Rica shall provide special protection to women at work.
To this respect, in 2010 it has been created a Tripartite Technical Committee for the Equality and Equity of Gender at Work to advise the Ministry of Labour and Social Security in the implementation of this principle.
It is forbidden to dismiss or to discriminate in any sense the adolescent pregnant worker or nursing mother.
A woman worker who is pregnant or nursing, or who has made a complaint of sexual harrassment, may not be dismissed except for justified cause based on serious neglect of the duties arising out of her contract. In that case, the employer must request authorization from the labour authorities.
If a pregnant worker or nursing mother is finally dismissed without due cause, she may claim to the Labour Court the immediate reinstatement in her post with full enjoyment of all her rights.
Labour Code Art.94, 94bis Law No.8805 Art.15
Burden of proof
The employer may dismiss the pregnant worker or nursing mother after proven the negligence of the worker before the National Direction and General Labour Inspection.
Labour Code Art.94
Guaranteed right to return to work
A woman worker shall be entitled to return to her post or to another post of equivalent remuneration that relates to her skills, abilities and competencies after maternity leave.
Labour Code Art.94, 94bis and 96
Results generated on: 24th April 2024 at 07:07:02.
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