77.5
73
73
Reasonable Access to Decent Work
80
60
100
50
80
100
80
100
75
50
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §177-192, 608 and 614 of Labour Code, 1943; §2, 4, 17, 18, & 19 of the Decree No. 832 concerning minimum wages | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §162, 164-166 & 168 of Labour Code, 1943; §1, 2 of Executive Decree No. 11324 of March1980 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §139 of the Labour Code, 1943 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §148 & 152 of the Labour Code, 1943 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | § 58 of the Constitution of Costa Rica 1949; §136-140 of the Labour Code, 1943 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §137, 139 of Labour Code, 1943 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §140 of the Labour Code, 1943 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §136, 137 and 152 of the Labour Code, 1943 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §147 & 148 of the Labour Code, 1943 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §153-160 of the Labour Code, 1943 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §06 and 18-48 of the Labour Code, 1943 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §19-20 & 26-27 of the Labour Code, 1943 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §28-29 of the Labour Code, 1943 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §28, 29 & 35 of the Labour Code, 1943 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §29, 83 & 85 of the Labour Code, 1943 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §95(b) of the Labour Code, 1943 | Score improved due to a legislative reform |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §97 of the Labour Code, 1943 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §95 & 96 of the Labour Code, 1943 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §95 of the Labour Code, 1943 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §95 of the Labour Code, 1943 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §94 & 94-bis of the Labour Code, 1943 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §284 of the Labour Code, 1943 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §284 of the Labour Code, 1943 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §87 & 88 of the Labour Code, 1943; § 7 of the Regulation No.33507-MTSS | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Labour Code, 1943; ISSA Country Profile for Costa Rica | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | Law no. 7302 and Law no. 7092, of April 21, 1988 and its reforms; ISSA Country Profile for Costa Rica | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | National Pension System Law No. 7302; Worker's Protection Act Law No. 7983 | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §79 of the Labour Code, 1943, ISSA Country Profile for Costa Rica | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | National Pension System Law No. 7302; Worker's Protection Act Law No. 7983 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §167, 405 & 618-619 of Labour Code, 1943;§14-15 of the Law on Promotion of Women's Social Equality 1990 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | Law against Sexual Harassment Employment and Teaching of 1995 (Law No. 7476) | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | 33 & 68 of the Political Constitution of Costa Rica 1949; §404-406 and 619 of Labour Code, 1943 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §87 of Labour Code, 1943; Freedom of employment choice for women, Law No. 10131 of 2022 (reform of articles 87 and 90 of Law 2, Labor Code, of August 27, 1943) | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | National Pension System Law No. 7302; ISSA Country Profile for Costa Rica | Score improved due to a legislative reform |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §89-93 of Labour Code, 1943; §3, 78, 92, & 101 of the Childhood & Adolescence Code, 1998 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §78 of the Constitution,1949; §57 & 59 of the Childhood & Adolescence Code, 1998 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §87 & 88 of Labour Code, 1943; §94 of the Childhood & Adolescence Code, 1998; §1 & 5 of Law 8922, 2011 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §8, Labour Code, 1943; §7, 170–172, 189 bis, 192, 376, 381, & 383–384 of the Penal Code, 1970 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §25 & 60 of the Political Constitution of Costa Rica 1949; §339-346 of Labour Code, 1943 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §62, Constitution 1949; §56, Labour Code, 1943; USDOS CRHRP 2023 (Costa Rica) | No Change |
| Does the law provide the right to strike? | No | 0 | §61, Constitution 1949; §375-376 of Labour Code,1943;CEACR C87 Direct Request, 2023 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §369,379 & 380 of Labour Code, 1943 | No Change |