73
73
Reasonable Access to
Decent Work
80
60
100
25
80
100
80
80
75
50
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
