Worker Vacations In Costa Rica
Every employee in Costa Rica has the right to a period of paid vacation. The law stipulates that the right to paid annual leave is guaranteed for all employees after a period of 12 months (50 weeks) of continuous work. Article 153 of the Costa Rican Labor Code states that every worker has the right to obtain paid annual vacations, the minimum of which is set at two weeks for every 50 weeks of continuous work, at the service of the same employer (…). Annual vacations have a maximum extension of 14 calendar days (12 business days). The law establishes at least two free weeks for every 50 weeks working for the same employer.
When this rest period coincides with holidays, the enjoyment of these days must be guaranteed separately from the holidays, even if this implies that the worker will be absent from work for a longer period of time. To take advantage of vacation time, the employee must obtain consent from the employer, since the employer is authorized to grant vacation time whenever it seems most appropriate. To this end, employers have a maximum period of 15 weeks after the worker has completed the requisite 50 weeks to grant vacation time. This is so as not to negatively affect workplace, industry or business operations nor curtail the right to rest.
Workers can enjoy uninterrupted vacations. Based on an agreement between the parties, these vacations can be divided at most into two periods when the circumstances of the workplace do not allow for a prolonged absence. Holiday accrual is generally not allowed. However, this can be done once for workers who perform specific tasks, be they technical, managerial or similar, which make it so that the employee cannot be replaced by another worker or when the residence of the worker’s family is in another province.
Annual vacations are paid and the employee receives a vacation benefit equivalent to either the average of the ordinary and extraordinary salaries received in the last week; the best term of reference according to the regulations regarding agricultural sector jobs; or the average salary of the last 50 weeks if the employee works in a commercial, industrial or any other type of establishment.
Remuneration in place of annual vacations is prohibited except in the event of termination of the employment contract before having been able to enjoy vacation time in the case of occasional, by contract or piece-rate jobs i.e. ones in which the worker charges for what they produce and are not paid for spending more or less hours carrying out a specific job. Ordinary workers charge according to their normal working conditions, among them the working day. That is, they charge for the hours they dedicate to their work. If for some reason the worker cannot take the annual vacation, they can agree with the employer to receive remuneration corresponding to a minimum of two weeks of vacation. This compensation may not be awarded if the employee has received the benefit in the previous two years.
Restrictions:
Article 156 of the Labor Code prohibits working through the vacation period in exchange for better pay. However, it does point out some exceptions, such as when employees ceases their job for any reason, when their work is occasional or piece-rate, or when due to justified circumstances they have not taken out vacation time from previous periods. In the latter case, the accumulated vacations may be paid for, as long as they do not exceed the equivalent of three rest periods. The law allows vacations to be divided into a maximum of two fractions, but only if it is agreed on by the parties or if the activities in question do not allow for the prolonged absence of employees.
