LRI 2022 Costa Rica - CLR

Costa Rica

2022 Score

73

Stagnant

2020 Score

73

Rating

Reasonable Access to
Decent Work

Fair
Wages

80

Decent
Working Hours

60

Employment
Security

100

Family
Responsibilities

25

Maternity
at Work

80

Safe
Work

100

Social
Security

80

Fair
Treatment

80

Child &
Forced Labour

75

Trade
Union

50

Fair Wages

Question	Answer	Score	Legal Basis
Does the law prescribe minimum wage rates 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
Does the law require regular payment of wages?	Yes	1	§162, 164-166 & 168 of Labour Code, 1943; §1, 2 of Executive Decree No. 11324 of March1980
Does the law require overtime compensation be at least 125% of the regular hourly rate?	Yes	1	§139 of the Labour Code, 1943
Does the law require additional compensation for working on a weekly rest day?	No	0	§148 & 152 of the Labour Code, 1943
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

Decent Working Hours

Question	Answer	Score	Legal Basis
Does the law stipulate general working hours as 48 hours or lower?	Yes	1	§137, 139 of Labour Code, 1943
Does the law restrict maximum working hours including overtime to 56 hours per week?	No	0	§140 of the Labour Code, 1943
Does the law require a weekly rest of at least 24 hours?	Yes	1	§136, 137 and 152 of the Labour Code, 1943
Does the law require paid public holidays?	Yes	1	§147 & 148 of the Labour Code, 1943
Does the law require at least three working weeks of paid annual leave?	No	0	§153-160 of the Labour Code, 1943

Employment Security

Question	Answer	Score	Legal Basis
Does the law require written employment contracts or at least written employment particulars?	Yes	1	§06 and 18-48 of the Labour Code, 1943
Does the law restrict the hiring of fixed-term contract workers?	Yes	1	§19-20 & 26-27 of the Labour Code, 1943
Does the law limit the length of probation period including renewals to a maximum of 3 months?	Yes	1	§28-29 of the Labour Code, 1943
Does the law require a 30-day notice before contract termination?	Yes	1	§28, 29 & 35 of the Labour Code, 1943
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?	Yes	1	§29, 83 & 85 of the Labour Code, 1943

Family Responsibilities

Question	Answer	Score	Legal Basis
Does the law require parental leave for parents?	No	0	No applicable legal provisions could be located
Does the law require at least one week of paid paternity leave for fathers?	No	0	No applicable legal provisions could be located
Does the law require flexible work arrangements for workers with family responsibilities?	No	0	No applicable legal provisions could be located
Does the law require paid nursing breaks?	Yes	1	§97 of the Labour Code, 1943

Maternity at Work

Question	Answer	Score	Legal Basis
Does the law prohibits inquiring about pregnancy during recruitment?	No	0	No applicable legal provisions could be located
Does the law require paid maternity leave of at least 14 weeks?	Yes	1	§95 & 96 of the Labour Code, 1943
Does the law require cash maternity benefit be at least 67% of a worker's former wage?	Yes	1	§95 of the Labour Code, 1943
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?	Yes	1	§95 of the Labour Code, 1943
Does the law protect workers from dismissals during or on account of pregnancy?	Yes	1	§94 & 94-bis of the Labour Code, 1943

Safe Work

Question	Answer	Score	Legal Basis
Does the law require provision of free personal protective equipment to workers from employer?	Yes	1	§284 of the Labour Code, 1943
Does the law require the employer to train workers on health and safety issues?	Yes	1	§284 of the Labour Code, 1943
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
Does the law provide for employment injury benefit?	Yes	1	Labour Code, 1943; ISSA Country Profile for Costa Rica

Social Security

Question	Answer	Score	Legal Basis
Does the law provide for an old age pension?	Yes	1	Law no. 7302 and Law no. 7092, of April 21, 1988 and its reforms; ISSA Country Profile for Costa Rica
Does the law provide for a dependants'/survivors' pension?	Yes	1	National Pension System Law No. 7302; Worker's Protection Act Law No. 7983
Does the law provide for unemployment benefit?	No	0	No applicable legal provisions could be located
Does the law require paid sick leave for the first 6 months of sickness?	Yes	1	§79 of the Labour Code, 1943, ISSA Country Profile for Costa Rica
Does the law provide for invalidity benefit?	Yes	1	National Pension System Law No. 7302; Worker's Protection Act Law No. 7983

Fair Treatment

Question	Answer	Score	Legal Basis
Does the law require equal remuneration 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
Does the law prohibit sexual harassment in employment?	Yes	1	Law against Sexual Harassment Employment and Teaching of 1995 (Law No. 7476)
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
Does the law allow women to do the same jobs as men?	No	0	§87 of Labour Code, 1943
Does the law guarantee basic labour protections for gig economy workers?	Yes	1	National Pension System Law No. 7302; ISSA Country Profile for Costa Rica

Child & Forced Labour

Question	Answer	Score	Legal Basis
Does the law prohibit employment of children?	Yes	1	§89-93 of Labour Code, 1943; §3, 78, 92, & 101 of the Childhood & Adolescence Code, 1998
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
Does the law prohibit the employment of children 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
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

Trade Union

Question	Answer	Score	Legal Basis
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
Does the law allow workers to bargain collectively with employers through their representative unions?	No	0	§62, Constitution 1949; §54-60, Labour Code, 1943; Decreto Nº 36157-MTSS; CEACR C98 Obs. 2020
Does the law provide for the right to strike?	No	0	§61, Constitution 1949; §371-391 of Labour Code, 1943; Decree no. 143 of 8 October 2015
Does the law prohibit employers from terminating employment contracts of striking workers?	Yes	1	§372 of Labour Code, 1943; USDOS CRHRP 2021