Labor CodeCódigo de Trabajo

The latter shall be jointly and severally liable for the actions of the former for the legal purposes derived from this Code, its Regulations, and social security provisions.

Those who undertake, by contract, work executed with their own capital shall be considered as employers of those who work—and not as intermediaries.

Only when the rights of third parties are attacked or those of society are offended may work be impeded, and that by means of a resolution of the competent authorities, issued in accordance with the law.

Freedom of work shall not be understood to be restricted when acting in use of the powers prescribed by this Code, its Regulations, and its related laws.

It is understood that this prohibition is limited to a radius of three kilometers from work zones established outside of towns, since in the latter the provisions of the respective laws govern.

All legal acts, applications, and proceedings of any kind processed before the Ministry of Labor and Social Security, before officials acting on its behalf, and before the Labor Courts, as well as the certifications that workers may need to make in succession, insolvency, composition with creditors, or bankruptcy proceedings, are exempt from sealed paper and stamp taxes(*) (*)(The preceding paragraph was thus added by the sole article of Law No. 3351 of August 7, 1964) (The name of the Ministry was thus modified by Article 2 of Law No. 5089 of October 18, 1972) The same exemption shall apply to individual or collective employment contracts and agreements executed and performed within the territory of the Republic.

616-99 of 10:00 a.m. on January 29, 1999.)

This law is a matter of public order, and all enterprises, operations, or establishments, of whatever nature they may be, public or private, existing or that may be established in Costa Rica in the future, shall be subject to its provisions, as shall all inhabitants of the Republic, without distinction of sex or nationality.

The following are excepted:

a. The provisions that this Code declares applicable only to specific persons or enterprises; b. Enterprises currently operating in the country by virtue of state contracts or concessions, insofar as the acquired rights emanating from the text of these contracts or concessions are undoubtedly affected; but the mere fact of the extension of such contracts or concessions, or their novation, subjects the interested parties to all the clauses of this Code and its Regulations, even if a written note to the contrary is made, and c. (Agricultural or livestock operations properly speaking that permanently employ no more than five workers. Nevertheless, the Executive Branch may determine by decree which rules of this Code shall gradually be applied to them. To this end, a start shall be made with those that do not imply a financial charge for employers.)

(Subsection c) highlighted in this article was considered inapplicable by resolution of the Supreme Court of Justice of July 22, 1954)

OF EMPLOYMENT CONTRACTS AND CONVENTIONS

General Provisions and the Individual Employment Contract

The existence of this contract is presumed between the worker who provides their services and the person who receives them.

The employment contract binds both to what is expressed in it and to the consequences that derive from it according to good faith, equity, usage, custom, or the law.

In agricultural employment contracts, for a daily wage, the employer, during harvest collection seasons, is authorized to assign the worker to collection tasks, remunerating their effort at piecework rates with the current price paid for that labor. In such a case, all terms that favor the worker continue to run, since the employment contract is not interrupted.

(The preceding paragraph was thus added by Article 1 of Law No. 33 of December 6, 1944)

The employment contract may be verbal when it refers to:

a. Agricultural or livestock work properly speaking. This exception does not include industrial work carried out in the countryside; b. (Repealed by Article 2 of Law No. 8726 of July 2, 2009) c. Accidental or temporary work not exceeding ninety days, not included in the two preceding subsections. In this case, the employer is obliged to issue, every thirty days, at the worker's request, a written certificate of the number of days worked and the remuneration received, and d. The provision of work for a specific project, provided that its value does not exceed two hundred fifty colones, even if the term to complete it is more than ninety days.

In other cases, the employment contract must be drawn up in writing, in three copies: one for each party and another that the employer shall submit to the Employment Office of the Ministry of Labor and Social Security, directly or through the respective labor or political authority, within fifteen days after its execution, modification, or novation.

(The name of the Office was thus amended by Article 1, subsection e) of Law No. 3372 of August 6, 1964. Likewise, the name of the Ministry was thus amended by Law No. 5089 of October 18, 1972)

The written employment contract shall contain:

a. The full names, nationality, age, sex, marital status, and domicile of the contracting parties; b. The number of their identity cards, if they are obliged to carry them; c. The precise designation of the worker's residence when hired to provide services or execute a work in a place different from their habitual one; d. The duration of the contract or the e. The working day and the hours during which it must be provided; f. The salary, wage, daily pay, or share that the worker shall receive; whether it is to be calculated per unit of time, per unit of work, or in some other manner, and the method, period, and place of payment.

In contracts stipulating that the salary shall be paid per unit of work, in addition to specifying the nature of the work, the quantity and quality of material, the condition of the tools and implements that the employer, as the case may be, provides to execute the work, and the time for which they will make them available to the worker shall be recorded, as well as the corresponding remuneration; the employer may not demand from the worker any sum for the natural wear and tear the tool suffers as a consequence of the work; g. The place or places where the service must be provided or the work executed; h. The other stipulations agreed upon by the parties; i. The place and date of the execution of the contract, and j. The signatures of the contracting parties, on the understanding that two witnesses may validly substitute for that of anyone who does not know how to or cannot sign.

The Ministry of Labor and Social Security may print contract models for each of the categories of work, in order to facilitate compliance with this provision.

(The name of the Ministry was thus amended by Law No. 5089 of October 18, 1972)

The lack thereof shall always be attributed to the employer; in this case, said proof shall be made in accordance with what is provided in the following paragraph.

The verbal contract shall be proven by all general means of proof; but if it concerns witnesses in the service of the same employer under whose orders the interested party works, the concurrence of three witnesses agreeing completely in all essential points of the agreement shall be required. However, if said employer employs no more than four workers, the testimony of two of them shall suffice.

If, upon its term expiring, the causes that gave rise to it and the subject matter of the work continue to exist, it shall be considered a contract for an indefinite period, insofar as it benefits the worker, that where the nature of the jobs is permanent.

Nevertheless, any fixed-term contract is eligible for extension, of the employer.

In an indefinite-term contract, each of the parties may terminate it, without just cause, by giving prior notice to the other, in accordance with the following rules:

After continuous work of not less than three months nor more than six, with a minimum of one week's notice; After continuous work exceeding six months and not more than one year, with a minimum of fifteen days' notice, and After one year of continuous work, with a minimum of one month's notice.

Said notices shall always be given in writing, but if the contract is verbal, the worker may give it in the same form if doing so before two witnesses; and they may be omitted, without prejudice to the severance pay (auxilio de cesantía), by either of the two parties, by paying the other an amount equal to the salary corresponding to the preceding notice periods.

During the notice period, the employer shall be obliged to grant the worker one day off each week to seek employment.

If the employment contract for an indefinite period ends due to unjustified dismissal, or any of the causes provided for in Article 83 or another cause beyond the worker's control, the employer must pay them a severance pay (auxilio de cesantía) in accordance with the following rules:

1. After continuous work of not less than three months nor more than six, an amount equal to seven days' salary.

2. After continuous work of more than six months but less than one year, an amount equal to fourteen days' salary.

3. After continuous work of more than one year, with the amount of days' salary indicated in the following table:

• a)YEAR 1 19.5 days per year worked.
• b)YEAR 2 20 days per year worked or fraction exceeding six months.
• c)YEAR 3 20.5 days per year worked or fraction exceeding six months.
• d)YEAR 4 21 days per year worked or fraction exceeding six months.
• e)YEAR 5 21.24 days per year worked or fraction exceeding six months.
• f)YEAR 6 21.5 days per year worked or fraction exceeding six months.
• g)YEAR 7 22 days per year worked or fraction exceeding six months.
• h)YEAR 8 22 days per year worked or fraction exceeding six months.
• i)YEAR 9 22 days per year worked or fraction exceeding six months.
• j)YEAR 10 21.5 days per year worked or fraction exceeding six months.
• k)YEAR 11 21 days per year worked or fraction exceeding six months.
• l)YEAR 12 20.5 days per year worked or fraction exceeding six months.
• m)YEAR 13 and following 20 days per year worked or fraction exceeding six months.

4. In no case may said severance pay (auxilio de cesantía) indemnify more than the last eight years of the employment relationship.

5. The severance pay (auxilio de cesantía) must be paid even if the worker immediately goes to serve under the orders of another employer.

(As amended by Article 88 of the Worker Protection Law No. 7983 of February 16, 2000)

The amount thereof may not be subject to compensation, sale, or assignment, nor may it be garnished, except up to half for alimony payments; The corresponding indemnity shall be calculated based on the average of salaries earned by the worker during the last six months of the contract's validity, or a shorter fraction of time if said term had not elapsed; The continuity of work is not interrupted by illness, vacations, legal strikes, and other similar causes which, according to this Code, do not terminate the employment contract, and Any clause of the contract tending to interrupt the continuity of services rendered or to be rendered shall be absolutely null and void.

In fixed-term and specific-project contracts, each of the parties may terminate them, without just cause, before the advent of the term or the completion of the work, paying the other the specific damages and losses they demonstrate, in relation to the duration of the terminated contract, the importance of the function performed, and the difficulty the worker has in procuring equivalent position or employment, or the employer in finding a substitute, all at the discretion of the Labor Courts.

When the employer exercises the power referred to in the preceding paragraph, they must also pay the worker, at the very moment of terminating the contract, the amount corresponding to one day's salary for every seven days of continuous work performed or fraction of a shorter time, if said term had not elapsed; but in no case may this sum be less than three days' salary.

However, if the contract has been stipulated for six months or more or the execution of the work, by its nature or importance, must last this term or a longer one, the said additional indemnity may never be less than twenty-two days' salary.

(As amended by Article 88 of the Worker Protection Law No. 7983 of February 16, 2000)

The waiver shall be presumed by operation of law whenever they do not formulate their claim before thirty days, counted from the day on which the worker terminated the contract.

The indemnities provided for in Articles 28, 29, and 31 shall also be applicable when the employer liquidates or ceases their business, voluntarily or otherwise.

In the event of composition with creditors, liquidation, garnishment, succession, or other similar situations, the credits and indemnities corresponding to the workers shall be considered a special privilege and shall enjoy a very special privilege over all other creditors of the estate, except mortgagees, pledgees, and alimony creditors.

In insolvency proceedings, or in other cases, the debtor, if they are in administration of their assets, or whoever represents or administers them, shall be obliged to pay them within thirty days following the formal recognition that they, the courts of justice, or competent authority, make of said credits, or at the moment there are funds, if by the end of this period there are none at all.

(As amended by Article 74 of Law No. 9957 of April 14, 2021 "Insolvency Law of Costa Rica")

Failure to perform the employment contract shall only oblige those who incur it to the respective economic liability, without, in any case, coercion being applied against persons.

When from the proceedings conducted it appears that an infraction has been committed whose importance, in the opinion of the judge, warrants the application of the sanctions provided for in Articles 134, 608, or 612, the pertinent matters may be ordered, in a judgment, to be certified for the corresponding trial.

(As amended by Article 1 of Law No. 668 of August 14, 1946) (Note: Article 612 referred to here was expressly amended by Article 5 of Law No. 7360 of November 4, 1993, which now has different content, thereby rendering said referral without effect)

• a)The date of their entry and their departure.
• b)The type of work performed.

If the worker so desires, the certificate shall also determine:

• c)The manner of their work.
• d)The causes of withdrawal or termination of the contract.

If the expiry of the contract is due to dismissal for fault attributed to the working person, the delivery of the dismissal letter shall be mandatory; it must describe, in a punctual, detailed, and clear manner, the fact or facts on which the dismissal is based. Delivery shall be made personally, at the time of dismissal, and receipt must be documented. If the worker refuses to receive it, the delivery must be made by the employing party to the office of the Ministry of Labor and Social Security of the locality, and if this does not exist, it shall be delivered or sent to the nearest office of that Ministry by certified mail, which must be done no later than within the ten calendar days following the dismissal. The causal facts indicated in the letter of dismissal shall be the only ones that may be alleged judicially, if a dispute is filed.

(As amended by Article 3, subsection a) of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

The substituted employer shall be jointly and severally liable with the new employer for the obligations derived from the contracts or the law, arising before the date of substitution and for a term of up to six months. After this period, the liability shall subsist only for the new employer.

both points.

The expenses of the worker's transfer shall be understood to include those of their family living with them, provided the workplace is separated from the original residence by a distance greater than twenty-five kilometers and the members thereof go to live at the place where the work is to be carried out or in its vicinity.

The worker with a family who is in the situation of the preceding paragraph shall additionally have the right to one day's salary for each day of travel they must undertake to reach their initial residence.

The provisions of this article shall not apply if the termination of the contract originates from the fault or will of the worker, unless they were unable or unwilling to continue their work due to ill health, due to being evidently unable to bear the material conditions of the work, or due to the extreme unhealthiness of the places.

The provisions of the previous article shall not prevent the Executive Branch, once the Ministry of Labor and Social Security has carried out the prior investigations and issued the necessary authorization, from discretionarily extending free passes on state transportation enterprises to workers who request to transfer from regions of the country where there is unemployment to those where labor is scarce, and to all those who, being away from their domicile, need to be hospitalized or returned to their home due to proven illness.

(The name of the Ministry was thus amended by Law No. 5089 of October 18, 1972)

It is absolutely prohibited to enter into contracts with Costa Rican workers for the provision of services or execution of works abroad, without prior permission from the Ministry of Labor and Social Security, which shall not authorize recruitment, embarkation, or departure thereof until the following requirements are fulfilled to its entire satisfaction:

• a)The recruiting Agent or the enterprise on whose behalf they act must have permanently, domiciled in the capital of the Republic, and for the entire time the contracts are in force, a general power of attorney, with whom the mentioned Ministry can settle any claim that arises from the workers or their relatives regarding the execution of what was agreed; b) The Agent shall state in writing to the mentioned Ministry the place where the workers will be taken; the type of work they will perform; the number of daily working hours to which they are obliged; the term of the commitment; the daily wage or salary to be paid to them; the food and medical service that will be provided to them; the manner in which they will be housed and transported; in what form and conditions they will be repatriated; and, in general, all the details of the contract or contracts to be entered into; c) The Agent shall deposit in the Main Tax Administration, to the order of the Ministry of Labor and Social Security, the sum of one hundred colones for each of the workers they intend to take out of the country. The total of these deposits shall serve to respond to the claims presented and justified before the national labor authorities, who shall be the only ones competent to order the payment of the indemnities that proceed for such reasons, and d) The Agent shall guarantee with the signature and joint and several liability of a Bank or banker of recognized solvency, or with a deposit in cash or commercial securities, that the workers intended to be taken out of the country shall be repatriated, along with their families if they have them, when the contract or contracts cease to have effect, at no cost to them and to the place of their original residence. The Ministry of Labor and Social Security shall prudentially calculate the amount of the guarantee so that it covers the above Once the Agent proves to have covered said expenses for the worker, in view of the latter's formal refusal to return to their country, and that they do not owe them any amount for salary or indemnity of any kind to which they may be entitled, the Ministry of Labor and Social Security shall order the return of the deposit or cancel the bond granted, totally or partially, as appropriate.

(The name of the Ministry was thus amended by Article 1 of Law No. 3372 of August 6, 1964 and No. 5989 of October 18, 1972)

All contracts referred to in the previous article must be executed in writing, and the Agent shall present to the Ministry of Labor and Social Security, also prior to the embarkation or departure of the workers, two copies thereof, for whose authenticity they shall be responsible.

The Executive Branch shall charge the Consul of the Republic in the place where the workers are to provide their services or, failing that, the Consul of a friendly nation, with the greatest possible vigilance regarding the manner in which the contracts are fulfilled, to whom it shall transmit one of the copies referred to in the preceding paragraph. Said official shall also be asked to send specific reports every month and, extraordinarily, whenever necessary.

In these contracts, the following unwaivable clauses shall be understood to be included, along with all those of a nature protective of labor that this Code enshrines:

The expenses of transport to the exterior and food for the worker and their relatives, as the case may be, and all those arising from crossing borders and compliance with provisions on migration or for any other similar reason, shall be exclusively at the cost of the Agent, and The worker shall receive the agreed salary in full, without any sum being deducted for any of the reasons referred to in subsections a), b), c), and d) of Article 41.

(The name of the Ministry was thus amended by Law No. 5089 of October 18, 1972)

In no case may the Ministry of Labor and Social Security permit contracts for working outside the country to be made for:

Minors under eighteen years of age; Minors over eighteen years of age, if the father, mother, or guardian, or in their absence, the Patronato Nacional de la Infancia, does not grant consent in writing. The case of emancipated minors is excepted; Married men, if they do not demonstrate that they have provided what is necessary for the maintenance of their wives and children, legitimate or natural, or if the contract does not stipulate that a sufficient sum for that purpose shall be deducted from the wages, which will be remitted monthly or paid here to said family members, and Workers who have been compelled by competent authority to provide a support payment (prestación alimenticia) to any person, if compliance with the same is not guaranteed to satisfaction in the contract.

(The name of the Ministry was thus amended by Law No. 5089 of October 18, 1972)

The Ministry of Labor and Social Security may refuse to grant the permit and authorization referred to in Articles 41 and 42 when, in its judgment, there is a shortage of labor in the country or the workers in question are essential for the proper development of national production, or when other analogous special circumstances arise.

(The name of the Ministry was thus amended by Law No. 5089 of October 18, 1972)

The provisions of the Criminal Code regarding the penalty of interdiction of rights are also excepted.

The freedom to contract in labor matters for those over fifteen years of age shall not imply their emancipation.

Collective Labor Contracts

The collective contract shall always be executed in writing, in three copies: one for each party and another that the employer shall have delivered to the General Labor Inspectorate (Inspección General de Trabajo), directly or through the respective labor or political authority, within five days following its execution, modification, or novation. If the employer fails to comply with said obligation, the existence of the collective labor contract shall be presumed, under the terms of Article 18, second paragraph, and its stipulations may be proven in accordance with the provisions of Article 25 for verbal contracts.

(The name of the Inspectorate was thus amended by Article 1, subsection f) of Law No. 3372 of August 6, 1964)

The non-unionized employers' side shall justify its representation according to common law.

The intensity and quality of the work to be performed in each case; The duration of the contract or the expression that it is for an indefinite term, for a specific work, or for a lump-sum price; The duration of the workday and the hours in which it is to be performed; The salaries, wages, daily wages, or profit-sharing that the workers shall receive individually, and whether they are to be calculated per unit of time, per unit of work, or in some other manner; The form, period, and place of payment; The place or places where the services are to be rendered or the work performed; The other stipulations on which the parties agree, and The place and date of execution of the contract and the signatures of the parties or their representatives.

Collective Bargaining Agreements (convenciones colectivas de trabajo)

General Provisions and Collective Bargaining Agreements in a Specific Company or Production Center

A collective bargaining agreement (convención colectiva) is one entered into between one or several labor unions and one or several employers, or one or several employers' unions, for the purpose of regulating the conditions under which work is to be performed and other related matters.

The collective bargaining agreement has the character of a professional law and all individual or collective contracts existing or subsequently entered into in the companies, industries, or regions it affects must conform to its norms.

Every collective bargaining agreement shall be understood to include, at a minimum, all the norms relating to union guarantees established in the International Labour Organization (ILO) Conventions ratified by our country.

(Thus amended by Article 1 of Law No. 6771 of July 5, 1982) (Interpreted by the Constitutional Chamber (Sala Constitucional) to mean that: "a) collective bargaining agreements regulated by Articles 54 and following of the Labor Code entered into in the public sector are unconstitutional when dealing with personnel governed by a public-law employment relationship (statutory relationship); b) collective bargaining agreements entered into in the public sector are not unconstitutional when entered into by laborers, workers, officials, or employees of the public sector, whose labor relations are governed by common law; c) equally compatible with the Law of the Constitution are the collective instruments that have been negotiated and have been extended or modified in application of the general policy on collective bargaining agreements in the Public Sector, unless dealing with negotiations with personnel in a public-law employment relationship, in which case those instruments are unconstitutional; d) it is for the administration and the judges hearing labor cases, as applicable, regarding the application of collective bargaining agreements, to determine whether the workers involved, given the nature of the functions they perform or performed, are governed by public law or common law, for the purpose of defining whether or not they can be active subjects in the application of collective bargaining agreements." Resolution 4453-00 of 14:56 hours on 05/24/2000, published in Judicial Bulletin No. 124 of 06/28/2000.)

The parties that have subscribed to it, justifying their legal capacity in accordance with the provisions of Article 51; All persons who, at the time it enters into force, work in the company, companies, or production center to which the agreement refers, insofar as they are favored by it and even when they are not members of the labor union or unions that entered into it, and Those who in the future enter into individual or collective contracts within the same company, companies, or production center affected by the agreement, on the understanding that such contracts may not be entered into under conditions less favorable to the workers than those contained in the collective bargaining agreement.

(Interpreted by the Constitutional Chamber to mean that: "a) collective bargaining agreements regulated by Articles 54 and following of the Labor Code entered into in the public sector are unconstitutional when dealing with personnel governed by a public-law employment relationship (statutory relationship); b) collective bargaining agreements entered into in the public sector are not unconstitutional when entered into by laborers, workers, officials, or employees of the public sector, whose labor relations are governed by common law; c) equally compatible with the Law of the Constitution are the collective instruments that have been negotiated and have been extended or modified, in application of the general policy on collective bargaining agreements in the Public Sector, unless dealing with negotiations with personnel in a public-law employment relationship, in which case those instruments are unconstitutional; d) it is for the administration and the judges hearing labor cases, as applicable, regarding the application of collective bargaining agreements, to determine whether the workers involved, given the nature of the functions they perform or performed, are governed by public law or common law, for the purpose of defining whether or not they can be active subjects in the application of collective bargaining agreements." Resolution 4453-00 of 14:56 hours on 05/24/2000, published in Judicial Bulletin No. 124 of 06/28/2000.)

For this purpose, the following rules shall be observed:

a. The percentage referred to in the preceding paragraph shall be calculated based on the total number of workers rendering their services in said company or specific production center; b. If within the same company or production center there are several unions, the collective bargaining agreement shall be entered into with the one having the largest number of workers directly affected by the negotiation, on the understanding that the agreement may not be concluded under conditions less favorable to the workers than those contained in contracts in force within the same company or production center; c. When dealing with a company or a production center that, due to the nature of its activities, employs workers belonging to different professions or trades, the collective bargaining agreement must be entered into with the group of unions representing each of the professions or trades, provided they reach an agreement among themselves. In the event they do not reach an agreement, the union corresponding to each profession or trade may demand that a collective bargaining agreement be entered into with it, to determine the conditions relating to said profession or trade within the mentioned company or production center, and d. If, after thirty days have elapsed following the request made to the employer by the respective union for the execution of the collective bargaining agreement, the parties have not reached a full agreement on its stipulations, either of them may request the Labor Courts (Tribunales de Trabajo) to resolve the point or points in dispute.

(Final paragraph of this article repealed by Article 4 of Law No. 9343 of January 25, 2016, "Labor Procedure Reform." Said paragraph had been added by Article 2 of Law No. 1842 of December 24, 1954) (Interpreted by the Constitutional Chamber to mean that: "a) collective bargaining agreements regulated by Articles 54 and following of the Labor Code entered into in the public sector are unconstitutional when dealing with personnel governed by a public-law employment relationship (statutory relationship); b) collective bargaining agreements entered into in the public sector are not unconstitutional when entered into by laborers, workers, officials, or employees of the public sector, whose labor relations are governed by common law; c) equally compatible with the Law of the Constitution are the collective instruments that have been negotiated and have been extended or modified, in application of the general policy on collective bargaining agreements in the Public Sector, unless dealing with negotiations with personnel in a public-law employment relationship, in which case those instruments are unconstitutional; d) it is for the administration and the judges hearing labor cases, as applicable, regarding the application of collective bargaining agreements, to determine whether the workers involved, given the nature of the functions they perform or performed, are governed by public law or common law, for the purpose of defining whether or not they can be active subjects in the application of collective bargaining agreements." Resolution 4453-00 of 14:56 hours on 05/24/2000, published in Judicial Bulletin No. 124 of 06/28/2000.)

The collective bargaining agreement shall be drawn up in writing in three copies, under penalty of absolute nullity. Each party shall keep one copy, and the third shall be deposited with the Office of Union Affairs and Administrative Conciliation (Oficina de Asuntos Gremiales y de Conciliación Administrativa) of the Ministry of Labor and Social Security, directly or through the respective labor or political authority. It shall have no legal value except from the date on which the copy is deposited, and, for this purpose, the official to whom it is delivered shall issue a receipt to each of those who subscribed it.

Said deposit shall be communicated immediately to the Office of Union Affairs and Administrative Conciliation of the Ministry of Labor and Social Security so that it may order the parties to comply with legal requirements in the event the agreement contains any violation of the provisions of this Code.

(The names referred to were thus amended by Article 1, subsection h) of Law No. 3372 of August 6, 1964. The name of the Ministry was thus amended by Article 2 of Law No. 5089 of October 18, 1972) (Interpreted by the Constitutional Chamber to mean that: "a) collective bargaining agreements regulated by Articles 54 and following of the Labor Code entered into in the public sector are unconstitutional when dealing with personnel governed by a public-law employment relationship (statutory relationship); b) collective bargaining agreements entered into in the public sector are not unconstitutional when entered into by laborers, workers, officials, or employees of the public sector, whose labor relations are governed by common law; c) equally compatible with the Law of the Constitution are the collective instruments that have been negotiated and have been extended or modified, in application of the general policy on collective bargaining agreements in the Public Sector, unless dealing with negotiations with personnel in a public-law employment relationship, in which case those instruments are unconstitutional; d) it is for the administration and the judges hearing labor cases, as applicable, regarding the application of collective bargaining agreements, to determine whether the workers involved, given the nature of the functions they perform or performed, are governed by public law or common law, for the purpose of defining whether or not they can be active subjects in the application of collective bargaining agreements." Resolution 4453-00 of 14:56 hours on 05/24/2000, published in Judicial Bulletin No. 124 of 06/28/2000.)

The collective bargaining agreement shall specify everything relating to:

The intensity and quality of the work; The workday, rest periods, and vacations; The wages; The professions, trades, activities, and places it covers; The duration of the agreement and the day it will take effect. It is understood that its term may not be set for a period of less than one year nor more than three, but that on each occasion it shall be automatically extended for a period equal to the stipulated term, if neither party terminates (denuncia) it one month prior to the respective expiration. When the termination is made by the workers, they must represent at least sixty percent of the total membership that the union or unions that entered into it had; and when it is made by the employers, they must at that time have at least an equal percentage of those affected by the agreement working.

A copy of said termination must be delivered to the Office of Union Affairs and Administrative Conciliation of the Ministry of Labor and Social Security before the commencement of the month referred to in the preceding paragraph; The other legal stipulations on which the parties agree. Any clause obligating the employer to replace personnel at the request of the labor union, or any other that places non-unionized workers in a position of manifest inferiority, shall not be valid, and The place and date of the execution of the agreement and the signatures of the parties or their representatives.

(The names were thus amended by Law No. 3372 of August 6, 1964 and Law No. 5089 of October 18, 1972) (Interpreted by the Constitutional Chamber to mean that: "a) collective bargaining agreements regulated by Articles 54 and following of the Labor Code entered into in the public sector are unconstitutional when dealing with personnel governed by a public-law employment relationship (statutory relationship); b) collective bargaining agreements entered into in the public sector are not unconstitutional when entered into by laborers, workers, officials, or employees of the public sector, whose labor relations are governed by common law; c) equally compatible with the Law of the Constitution are the collective instruments that have been negotiated and have been extended or modified, in application of the general policy on collective bargaining agreements in the Public Sector, unless dealing with negotiations with personnel in a public-law employment relationship, in which case those instruments are unconstitutional; d) it is for the administration and the judges hearing labor cases, as applicable, regarding the application of collective bargaining agreements, to determine whether the workers involved, given the nature of the functions they perform or performed, are governed by public law or common law, for the purpose of defining whether or not they can be active subjects in the application of collective bargaining agreements." Resolution 4453-00 of 14:56 hours on 05/24/2000, published in Judicial Bulletin No. 124 of 06/28/2000.)

In the event of dissolution of the labor union or the employers' union, the rule of Article 53 shall be observed.

(Interpreted by the Constitutional Chamber to mean that: "a) collective bargaining agreements regulated by Articles 54 and following of the Labor Code entered into in the public sector are unconstitutional when dealing with personnel governed by a public-law employment relationship (statutory relationship); b) collective bargaining agreements entered into in the public sector are not unconstitutional when entered into by laborers, workers, officials, or employees of the public sector, whose labor relations are governed by common law; c) equally compatible with the Law of the Constitution are the collective instruments that have been negotiated and have been extended or modified, in application of the general policy on collective bargaining agreements in the Public Sector, unless dealing with negotiations with personnel in a public-law employment relationship, in which case those instruments are unconstitutional; d) it is for the administration and the judges hearing labor cases, as applicable, regarding the application of collective bargaining agreements, to determine whether the workers involved, given the nature of the functions they perform or performed, are governed by public law or common law, for the purpose of defining whether or not they can be active subjects in the application of collective bargaining agreements." Resolution 4453-00 of 14:56 hours on 05/24/2000, published in Judicial Bulletin No. 124 of 06/28/2000.)

Said union may also exercise the rights and actions arising from the agreement, to enforce its compliance and, where appropriate, obtain the payment of damages against its own members, other unions that are parties to the agreement, the members thereof, and any other person bound by the same.

(Interpreted by the Constitutional Chamber to mean that: "a) collective bargaining agreements regulated by Articles 54 and following of the Labor Code entered into in the public sector are unconstitutional when dealing with personnel governed by a public-law employment relationship (statutory relationship); b) collective bargaining agreements entered into in the public sector are not unconstitutional when entered into by laborers, workers, officials, or employees of the public sector, whose labor relations are governed by common law; c) equally compatible with the Law of the Constitution are the collective instruments that have been negotiated and have been extended or modified, in application of the general policy on collective bargaining agreements in the Public Sector, unless dealing with negotiations with personnel in a public-law employment relationship, in which case those instruments are unconstitutional; d) it is for the administration and the judges hearing labor cases, as applicable, regarding the application of collective bargaining agreements, to determine whether the workers involved, given the nature of the functions they perform or performed, are governed by public law or common law, for the purpose of defining whether or not they can be active subjects in the application of collective bargaining agreements." Resolution 4453-00 of 14:56 hours on 05/24/2000, published in Judicial Bulletin No. 124 of 06/28/2000.)

(Interpreted by the Constitutional Chamber to mean that: "a) collective bargaining agreements regulated by Articles 54 and following of the Labor Code entered into in the public sector are unconstitutional when dealing with personnel governed by a public-law employment relationship (statutory relationship); b) collective bargaining agreements entered into in the public sector are not unconstitutional when entered into by laborers, workers, officials, or employees of the public sector, whose labor relations are governed by common law; c) equally compatible with the Law of the Constitution are the collective instruments that have been negotiated and have been extended or modified, in application of the general policy on collective bargaining agreements in the Public Sector, unless dealing with negotiations with personnel in a public-law employment relationship, in which case those instruments are unconstitutional; d) it is for the administration and the judges hearing labor cases, as applicable, regarding the application of collective bargaining agreements, to determine whether the workers involved, given the nature of the functions they perform or performed, are governed by public law or common law, for the purpose of defining whether or not they can be active subjects in the application of collective bargaining agreements." Resolution 4453-00 of 14:56 hours on 05/24/2000, published in Judicial Bulletin No. 124 of 06/28/2000.)

(Interpreted by the Constitutional Chamber to mean that: "a) collective bargaining agreements regulated by Articles 54 and following of the Labor Code entered into in the public sector are unconstitutional when dealing with personnel governed by a public-law employment relationship (statutory relationship); b) collective bargaining agreements entered into in the public sector are not unconstitutional when entered into by laborers, workers, officials, or employees of the public sector, whose labor relations are governed by common law; c) equally compatible with the Law of the Constitution are the collective instruments that have been negotiated and have been extended or modified, in application of the general policy on collective bargaining agreements in the Public Sector, unless dealing with negotiations with personnel in a public-law employment relationship, in which case those instruments are unconstitutional; d) it is for the administration and the judges hearing labor cases, as applicable, regarding the application of collective bargaining agreements, to determine whether the workers involved, given the nature of the functions they perform or performed, are governed by public law or common law, for the purpose of defining whether or not they can be active subjects in the application of collective bargaining agreements." Resolution 4453-00 of 14:56 hours on 05/24/2000, published in Judicial Bulletin No. 124 of 06/28/2000.)

Collective Bargaining Agreements Covering an Industry, Economic Activity, or Specific Region:

For the collective bargaining agreement to be extended with the force of law to all employers and workers, unionized or not, in a specific branch of industry, economic activity, or region of the country, it shall be necessary:

That it be recorded in writing, in three copies, one for each party and another to be attached to the request referred to in subsection d); That it be subscribed to by the union or unions or group of employers who have at their service two-thirds of the workers engaged in them at that time; That it be subscribed to by the union or unions comprising two-thirds of the unionized workers at that time in the branch of industry, economic activity, or region in question; That either party submit a written request to the Ministry of Labor and Social Security so that, if the Executive Branch (Poder Ejecutivo) deems it convenient, it may declare its extended applicability (obligatoriedad extensiva); the petition, if it meets the requirements referred to in subsections b) and c), shall be published immediately in the Official Gazette (Diario Oficial), granting a non-extendable term of fifteen days for any employer or labor union that is directly and undoubtedly affected to formulate a reasoned opposition against the mandatory extension of the agreement, and That after said term has elapsed without opposition being formulated, or after rejecting those that may have been filed, the Executive Branch issues a decree declaring its mandatory nature insofar as it does not oppose the current laws of public interest and social character, and the territorial jurisdiction, companies, or industries it shall cover. It is understood that the collective bargaining agreement declared to be of mandatory extension shall apply, despite any provision to the contrary contained in the individual or collective contracts that the companies it affects have entered into, except on those points where such stipulations are more favorable to the workers.

For the purposes of this paragraph, when an opposition is filed on time, the Ministry of Labor and Social Security shall grant a ten-day common hearing to the opposing party and the signatories of the convention so that they may plead what is pertinent; this period shall begin to run from the day following the day on which the last notification was served by a Labor Inspector and, once expired, the aforementioned Ministry shall issue a definitive opinion; should it declare the opposition well-founded, it shall endeavor to bring the parties together by submitting a new draft convention, which, if approved by them, shall be declared binding (de extensión obligatoria) under the terms referred to in the preceding paragraph.

(The name of the Ministry was thus amended by Law No. 5089 of 18 October 1972) (Interpreted by the Constitutional Chamber to the effect that: "a) collective conventions regulated by Articles 54 and following of the Labor Code entered into in the public sector are unconstitutional when they involve personnel governed by a public-law employment relationship (relación estatutaria); b) collective conventions entered into in the public sector are not unconstitutional when entered into by workers, employees, officials, or public-sector employees whose labor relations are governed by ordinary law; c) collective instruments that have been negotiated and have been renewed or amended, in application of the general policy on collective conventions in the Public Sector, are likewise compatible with the Law of the Constitution, unless they involve negotiations with personnel in a public-law employment relationship, in which case such instruments are unconstitutional; d) it is for the administration and for the judges hearing labor disputes, as applicable, in the application of collective conventions, to determine whether the workers involved, given the nature of the functions they perform or performed, are governed by public law or ordinary law, for the purpose of defining whether or not they may be active subjects in the application of collective conventions." Resolution 4453-00 at 14:56 hours on 24/05/2000, published in Judicial Bulletin No. 124 of 28/06/2000.)

The Executive Branch shall set the period during which the convention shall be in force, which shall not exceed five years nor be less than one.

Said period shall be automatically extended, on each occasion, for a period equal to the one set, if neither party expresses, in a memorial addressed to the Ministry of Labor and Social Security, one month prior to the respective expiration, its desire to terminate the convention.

(The name of the Ministry was thus amended by Law No. 5089 of 18 October 1972) (Interpreted by the Constitutional Chamber to the effect that: "a) collective conventions regulated by Articles 54 and following of the Labor Code entered into in the public sector are unconstitutional when they involve personnel governed by a public-law employment relationship (relación estatutaria); b) collective conventions entered into in the public sector are not unconstitutional when entered into by workers, employees, officials, or public-sector employees whose labor relations are governed by ordinary law; c) collective instruments that have been negotiated and have been renewed or amended, in application of the general policy on collective conventions in the Public Sector, are likewise compatible with the Law of the Constitution, unless they involve negotiations with personnel in a public-law employment relationship, in which case such instruments are unconstitutional; d) it is for the administration and for the judges hearing labor disputes, as applicable, in the application of collective conventions, to determine whether the workers involved, given the nature of the functions they perform or performed, are governed by public law or ordinary law, for the purpose of defining whether or not they may be active subjects in the application of collective conventions." Resolution 4453-00 at 14:56 hours on 24/05/2000, published in Judicial Bulletin No. 124 of 28/06/2000.)

Any convention in force may be revised by the Executive Branch if the parties, by mutual agreement, so request in writing before the Ministry of Labor and Social Security.

The Executive Branch in this case, and in that of the second paragraph of the preceding article, must verify that the petitioners hold the majority provided for in paragraphs b) and c) of Article 63, before proceeding to the formal repeal of the decree that gave force of law to the convention and to the issuance of the corresponding new one.

(The name of the Ministry was thus amended by Law No. 5089 of 18 October 1972) (Interpreted by the Constitutional Chamber to the effect that: "a) collective conventions regulated by Articles 54 and following of the Labor Code entered into in the public sector are unconstitutional when they involve personnel governed by a public-law employment relationship (relación estatutaria); b) collective conventions entered into in the public sector are not unconstitutional when entered into by workers, employees, officials, or public-sector employees whose labor relations are governed by ordinary law; c) collective instruments that have been negotiated and have been renewed or amended, in application of the general policy on collective conventions in the Public Sector, are likewise compatible with the Law of the Constitution, unless they involve negotiations with personnel in a public-law employment relationship, in which case such instruments are unconstitutional; d) it is for the administration and for the judges hearing labor disputes, as applicable, in the application of collective conventions, to determine whether the workers involved, given the nature of the functions they perform or performed, are governed by public law or ordinary law, for the purpose of defining whether or not they may be active subjects in the application of collective conventions." Resolution 4453-00 at 14:56 hours on 24/05/2000, published in Judicial Bulletin No. 124 of 28/06/2000.)

Internal Work Regulations

Every work regulation must be previously approved by the Legal, Information and International Relations Office of the Ministry of Labor and Social Security, shall be made known to the workers fifteen days prior to the date on which it shall come into force; it shall be printed in easily legible characters and shall be constantly posted, in at least two of the most visible places of the workplace.

The preceding provisions shall also be observed for any modification or repeal made by the employer of the work regulation.

(The names were thus amended by Laws No. 3372 of 6 August 1964 and No. 5089 of 18 October 1972)

They shall also contain:

The starting and quitting times for workers, the time allotted for meals, and the rest period or periods during the working day; The place and time at which work shifts must begin and end; The various types of wages and the job categories to which they correspond; The place, day, and time of payment; Disciplinary provisions and the manner of applying them. It is understood that it is prohibited to deduct any sum from the workers' wages as a fine and that the suspension from work, without pay, may not be decreed for more than eight days nor before having heard the interested party and the coworkers indicated by said party; The designation of the persons in the establishment before whom petitions for improvements or complaints in general must be presented, and the manner of formulating both; and The special rules pertinent to the different classes of work, in accordance with the age and sex of the workers.

Obligations of Employers and Workers

a. To send, within the first fifteen days of January and July of each year, to the Ministry of Labor and Social Security(*) directly or through the labor or political authorities of the place where their business, industry, or enterprise is located, a report that must contain at least:

(Note: By Article 1 of Law No. 212 of 8 October 1948, the obligation imposed on employers stipulated in the preceding paragraph is ordered suspended) (*) The name of the Ministry was thus amended by Law No. 5089 of 18 October 1972.

1. Total expenditures incurred for wages during the previous half-year, with due separation of outlays for ordinary and extraordinary work, and 2. Full name and surname of their workers, indicating approximate age, nationality, sex, occupation, and number of days each worked, together with the wage individually received by each during that period, except with respect to workers used occasionally in agricultural operations for the harvesting of crops, paleas, macheteas, and other non-permanent agricultural work.

(Thus amended the preceding sub-paragraph by Article 1 of Law No. 25 of 17 November 1944) In case of refusal to supply said data, the employer shall be penalized with a fine of fifty to one hundred colones; and in the case of malicious falsification thereof, the repressive authorities shall impose the penalty set forth in Article 426 of the Penal Code. This provision does not apply to domestic service; b. To prefer, under equal circumstances, Costa Ricans over those who are not, and those who have previously served them well over those who are not in that situation; c. To treat workers with due consideration, refraining from mistreatment by word or deed; d. To provide workers in a timely manner with the tools, instruments, and materials necessary to perform the agreed work, being obligated to supply them of good quality and to replace them as soon as they cease to be efficient, provided the employer has agreed that such workers need not use their own tools; e. To provide a safe place for the safekeeping of the worker's instruments and tools, when these must necessarily remain at the place where the services are rendered. In such case, the tool inventory shall be made whenever the worker requests it; f. To permit the inspection and monitoring that the labor authorities carry out in their enterprise to ascertain compliance with the provisions of this Code, its Regulations, and related laws, and to give them the indispensable reports they request for that purpose. Employers may require such authorities to show their respective credentials; g. To pay the worker the wage corresponding to the time lost when the worker is unable to work due to the employer's fault; h. In places where tropical or endemic diseases exist, to provide workers not covered by the corresponding insurance of the Caja Costarricense de Seguro Social with the medications determined by the respective health authority; i. To provide peasant workers (trabajadores campesinos) who have three or more months of continuous work with the firewood indispensable for their domestic consumption, provided the farm in question produces it in an amount exceeding what the employer needs for the normal operation of their respective enterprise; and to allow all workers to take from dams, ponds, springs (fuentes), or water sources (ojos de agua) the water they need for their domestic uses and those of their animals, if they have any. In order to fulfill the first obligation, the employer may choose whether to give cut firewood or to indicate to the peasant workers where they may cut it and with what care they must do so, in order to avoid damage to persons, crops, or trees.

These supplies shall be free and may not be deducted from wages nor taken into account for setting the minimum wage; j. To grant workers the necessary time, without reduction of wages, for the exercise of the vote in popular elections and popular consultations under the referendum modality.

(Thus amended the preceding paragraph by Article 35 of the Law on the Regulation of the Referendum, No. 8492 of 09 March 2006) (By resolution of the Supreme Electoral Tribunal No. 1404 of 29 July 2002, the preceding paragraph was exclusively and bindingly interpreted to the effect that: "...the content of Article 69 paragraph j) of the Labor Code contemplates, among others, the obligation of employers to pay the respective wage, without any reduction, to their workers who work as members of the Junta Receptora de Votos on the day of a popular election.") k. To deduct from the worker's wage the dues the worker has committed to pay to the Cooperative or to the Union, as a membership fee and during the time that they belong to the former or the latter and with the consent of the interested party, provided it is requested by the respective legally constituted social organization. Likewise, to deduct the dues the worker has committed to pay to legally constituted credit institutions, governed by the same principles as cooperatives, as repayment for loans or savings-and-loan contracts for the acquisition of their own home, with the proper authorization of the interested party and at the request of the respective institution.

The Cooperative, Union, or credit institution requesting the respective withholding must prove its legal capacity and that the dues whose deduction it requests are those authorized by the respective bylaws or contracts.

(Thus amended the preceding paragraph k) by Article 2 of Law No. 4418 of 22 September 1969) (*) l) To grant working persons the respective paid leave in case of death of family members. The leave must be granted in accordance with the following:

• i)In the case of death of relatives in the first degree of consanguinity or affinity, the working person shall be entitled to enjoy three business days of paid leave. In the case of cohabitants in a common-law union, the working person must provide the employer with a sworn statement indicating that the cohabitant in a common-law union, or one of their relatives in the first degree of consanguinity, has died, and that they have cohabited in a public, notorious, stable, and exclusive manner for two years or more with the legal capacity to marry. In the case of adoption, the working person must present a certification of the administrative or judicial resolution or final judgment demonstrating the start of effective cohabitation of the minor for adoption purposes or definitive adoption.
• ii)In the case of death of relatives in the second degree and third degree of consanguinity and affinity, the working person shall be entitled to enjoy one business day of paid leave.

The foregoing is without prejudice to the provisions of special rules.

(*) (Thus added the preceding paragraph l) by the sole article of the Law to Create Paid Leave for the Death of Family Members of Working Persons, to Protect the Right to Bereavement, No. 10589 of 5 November 2024)

a. Inducing or requiring their workers to purchase their consumer goods from specific establishments or persons; b. Demanding or accepting money from workers as a gratuity for admitting them to work or for any other concession or privilege related to working conditions in general; c. Forcing workers, by whatever means adopted, to withdraw from the unions or legal groups to which they belong, or influencing their political decisions or religious convictions; d. Retaining, by their own will, the tools or objects of the worker, whether as indemnification, guarantee, or any other non-transferable title; e. Conducting mandatory collections or subscriptions in workplaces; f. Carrying weapons in workplaces, except in special cases duly authorized by law. The penalty in this case shall be that determined by Article 154 of the Police Code; g. Directing work while intoxicated or under any other analogous condition; h. Omitting, in the case of rural farms, the period mentioned in Article 691, final paragraph, of the Code of Civil Procedure, in the event of eviction due to termination of the employment contract or other reason; and i. Performing any act that restricts the rights the worker has under the law.

• j)Requesting HIV tests for purposes of employment hiring or continued employment. When health tests are required, blood tests (pruebas de sangre) may be included only if there is a medical criterion demonstrating their necessity and solely for the purpose of protecting the health of the working person.

(Thus added the preceding paragraph by Article 49 of the General Law on HIV/AIDS, No. 9797 of 2 December 2019) k) Requiring a medical pregnancy test for entry into or continued employment.

(Thus added the preceding paragraph by Article 2 of the Law to Combat Labor Discrimination Against Women in a Condition of Maternity, No. 10211 of 5 May 2022)

a. To perform the service contracted under the direction of the employer or their representative, to whose authority they shall be subject in all matters concerning the work; b. To execute the work with appropriate intensity, care, and diligence, and in the form, time, and place agreed upon; c. To return unused materials to the employer and to keep in good condition the instruments and tools provided to them for the work; it is understood that they shall not be liable for normal deterioration or that caused by unforeseen events (caso fortuito), force majeure, poor quality, or defective construction; d. To observe good conduct during their working hours; e. To provide the necessary aid in case of disaster or imminent risk where the persons or interests of the employer, or of some work companion, are in danger, none of which shall entitle them to additional remuneration; f. (Repealed by Article 49 of the General Law on HIV/AIDS, No. 9797 of 2 December 2019) g. To strictly guard the technical, commercial, or manufacturing secrets of the products in whose elaboration they participate directly or indirectly, or of which they have knowledge by reason of the work they perform; as well as confidential administrative matters, the disclosure of which could cause harm to the employer; and h. To strictly observe the preventive measures agreed upon by the competent authorities and those indicated by employers, for the personal safety and protection of themselves or their work companions, or of the places where they work.

The following is absolutely prohibited to workers:

• a)Abandoning work during working hours without justified cause or without the employer's leave; b) Engaging in political-electoral propaganda or propaganda contrary to the country's democratic institutions during work, or performing any act that signifies coercion of the religious freedom established by the Constitution in force; c) Working while intoxicated or under any other analogous condition; d) Using the tools and instruments supplied by the employer for a purpose other than that for which they are normally intended; and e) Carrying weapons of any kind during working hours, except in special cases duly authorized by law, or when involving sharp, cutting, or sharp-cutting instruments that form part of the tools or instruments proper to the work. The breach of these prohibitions shall be penalized solely in the manner provided for in paragraph i) of Article 81, except in the last case where the penalty referred to in Article 154 of the Police Code shall also be imposed.

(Note: See Article 398, paragraph 3) (currently 402), of the Penal Code, Law No. 4573 of 4 May 1970, regarding the reference to the Police Code)

Suspension and Termination of Employment Contracts

The suspension may affect all contracts in force in an enterprise or only part of them.

The following are causes for temporary suspension of employment contracts, without liability for the employer or for the workers:

• a)The lack of raw material to carry on the work, provided it is not attributable to the employer; b) Force majeure or unforeseen events (caso fortuito), when it brings about the necessary, immediate, and direct consequence of the suspension of work; and c) The death or incapacity of the employer, when it brings about the necessary, immediate, and direct consequence of the suspension of work.

In the first two cases, the Executive Branch may dictate emergency measures that, without harming employers' interests, result in the relief of the economic situation of the workers.

(Note from Sinalevi: In accordance with Article 1 of Law No. 305 of 15 December 1948, the following was established: "Article 1.- Employment contracts to which persons who have enlisted in the ranks of the National Army are party, or who render their services in offices or institutions created on the occasion of the current emergency, are declared temporarily suspended, it being considered that the cause for suspension is included in Article 74 of the Labor Code")

In the first two cases provided for in the preceding article, the burden of proof shall lie with the employer, and in the third, with the family members or successors of the latter, and it shall be conducted through all the attestations and investigations required by the respective authorities.

If the Inspección General de Trabajo or its representatives become convinced that the alleged cause does not exist, or that the suspension is unjustified, they shall declare the request without merit so that the workers may exercise their right to terminate their contracts, with liability for the employer.

During the suspension of employment contracts based on any of the three causes referred to in Article 74, the employer or their successors may terminate them by paying the workers the amount of the notice period (preaviso), the severance pay (auxilio de cesantía), and other indemnities that may correspond to them.

(Note from Sinalevi: Article 2 of Law No. 305 of 15 December 1948 establishes that employers may not make use, to the detriment of workers, of the right granted to them by Articles 76, 78, and 81, paragraph G) of the Labor Code)

The Inspección General de Trabajo shall be responsible for informing the workers of the resumption of work, and to facilitate its task, the employer or their successors must provide all pertinent data requested.

If for any reason the referred Office fails to locate one or several workers within three days, counted from the receipt of all the data referred to in the preceding paragraph, it shall notify the interested parties of the resumption of work by means of a notice to be published three consecutive times in the Diario Oficial. In this case, the fifteen-day period shall run for said workers from the day on which the first publication was made.

Another cause for suspension of the employment contract, without liability for the employer or for the worker, is the arrest imposed on the latter by any judicial or administrative authority, or the pretrial detention (prisión preventiva) decreed against them, provided it is followed by a judgment of acquittal.

It is the worker's obligation to notify the employer of the cause preventing them from attending work, within the three days following the day on which their arrest or imprisonment began; and to resume work within the two days following the day on which those circumstances ceased. If they fail to do so, the contract shall be deemed terminated, without either party incurring liability.

At the worker's request, the Prison Warden shall issue the necessary certifications to prove the points referred to in the preceding paragraph.

(Note from Sinalevi: Article 2 of Law No. 305 of 15 December 1948 establishes that employers may not make use, to the detriment of workers, of the right granted to them by Articles 76, 78, and 81, paragraph G) of the Labor Code)

Except as stated in special provisions or when dealing with a case protected by the Social Security Law, the employer's sole obligation is to grant the worker leave until their full recovery, provided this occurs within the indicated period, and in accordance with the following rules:

• a)After continuous work of not less than three months nor more than six, the employer shall pay half wages for one month.
• b)After continuous work of more than six months but not less than nine, the employer shall pay half wages for two months; and c) After continuous work of more than nine months, the employer shall pay half wages for three months.

It is understood that the provisions of Article 30 shall apply to these cases and that the employer, during the suspension of the contract, may temporarily place another worker.

18356 of 2 December 2009.)

The following are just causes empowering the employer to terminate the employment contract:

a. When the worker behaves in a openly immoral manner during their work, or resorts to insult, slander, or physical violence (vías de hecho) against their employer; b. When the worker commits any of the acts listed in the preceding paragraph against a coworker, during the time the work is being performed, provided that as a consequence of this, discipline is seriously altered and work is interrupted; c. When the worker, outside the place where the tasks are performed and outside working hours, resorts to insult, slander, or physical violence (vías de hecho) against their employer or against the latter's representatives in the direction of the work, provided such acts were not provoked and that as a consequence of them, coexistence and harmony for the performance of the work become impossible; d. When the worker commits a crime or offense against property in direct detriment to the employer, or when they intentionally cause material damage to the machines, tools, raw materials, products, and other objects related immediately and undoubtedly to the work; e. When the worker reveals the secrets referred to in paragraph g) of Article 71; f. When the worker compromises, through their absolutely inexcusable imprudence or carelessness, the safety of the place where the work is performed or that of the persons therein; g. When the worker ceases to attend work without the employer's permission, without justified cause, for two consecutive days or for more than two alternate days within the same calendar month.

(Thus amended the previous subsection by Article 1 of Law No. 25 of November 17, 1944) (Sinalevi Note: Article 2 of Law No. 305 of December 15, 1948, establishes that employers may not use, to the detriment of workers, the power granted to them by Articles 76, 78, and 81, subsection G), of the Labor Code) h. When the worker manifestly and repeatedly refuses to adopt preventive measures or to follow the procedures indicated to avoid accidents or illnesses; or when the worker refuses in the same manner to comply, to the detriment of the employer, with the norms that the latter or their representatives in the direction of the work clearly indicate to them to obtain the greatest efficiency and performance in the tasks being executed; i. When the worker, after the employer has warned them once, incurs in the grounds provided for in subsections a), b), c), d) and e) of Article 72; j. When the worker, upon entering into the contract, has induced the employer into error, claiming to have qualities, conditions, or knowledge that they evidently do not possess, or presenting personal references or attestations whose falsity the employer later verifies, or performing their work in a way that clearly demonstrates their incapacity to carry out the tasks for which they were contracted; k. When the worker suffers imprisonment by final judgment; and l. When the worker incurs any other serious breach of the obligations imposed by the contract. It is understood that whenever the dismissal is based on an act also sanctioned by criminal laws, the employer's right to bring the corresponding actions before the common repressive authorities shall be preserved.

(The Constitutional Chamber, through resolution No. 563 of January 29, 1997, declared that this subsection is not unconstitutional, insofar as ".it is illusory and outside all normative logic to pretend that the law specifies in detail each and every one of the labor obligations derived from each and every one of the labor relations of all the country's employees, motivated by the specific task that each one performs in their work, as a cause for dismissal without labor liability." Thus, "it must be kept in mind that, although the principle of specificity must be respected in the disciplinary sanctioning power, it is not applied with the same rigor as in criminal matters. Hence, it is appropriate to apply sanctions for any breach of functional duties, without needing them to be detailed concretely as a sanctionable act.") m) When the worker fails to comply with the minimum services plan during a strike period.

(Thus added the previous subsection by Article 49 of the General Law on HIV AIDS, No. 9797 of December 2, 2019) (Thus amended the previous subsection m) by Article 1 of the Law to provide legal certainty regarding strikes and their procedures, No. 9808 of January 21, 2020) n) When the worker engages in discriminatory conduct against another worker with HIV.

(Thus added the previous subsection by the sole article of Law No. 10090 of December 15, 2021) (Thus amended the previous subsection by Article 1 of the Law to provide legal certainty regarding strikes and their procedures, No. 9808 of January 21, 2020)

The employer who dismisses a worker for one or more of the causes listed in the previous article shall not incur liability.

If a dispute arises subsequent to the dismissal and the cause for it is not proven, the worker shall have the right to be paid the amount of the notice period and the severance pay (auxilio de cesantía) that may correspond to them and, as damages, the wages they would have received from the termination of the contract until the date on which, in accordance with the legal terms for processing and resolving, the condemnatory judgment against the employer should have become final.

*(However, in the case of agricultural or livestock operations, the amount of damages referred to in the preceding paragraph shall be reduced by half.) *(By resolution of the Constitutional Chamber No. 0317 at 14:51 hours on January 22, 2003, the phrase of the third paragraph enclosed in parentheses is annulled from this article. This ruling has prospective effects such that the legal effects of consolidated dismissal acts and final judgments related to the annulled norm are preserved.)

Whenever the worker files a lawsuit to obtain the benefits referred to in this article and the employer proves the just cause on which the dismissal was based and the circumstance of having notified it in writing to the worker at the time of dismissal, the Labor Courts shall sentence the former to pay both costs of the litigation and shall impose upon them in the same judgment, as a disciplinary correction, a fine of four to twenty colones, which shall be forcibly converted into arrest if the losing party does not cover its amount within twenty-four hours following that in which the respective ruling became final.

(Thus amended by Article 1 of Law No. 668 of August 14, 1946)

The following are just causes that empower the worker to terminate their work contract:

a. When the employer does not pay them the full salary that corresponds to them, on the date and at the place agreed upon or customary. Deductions authorized by law are excepted; b. When the employer, during work, acts with a lack of probity or honesty, or behaves in a manner contrary to morality, or resorts to insult, slander, or acts of force (vías de hecho) against the worker; c. When a dependent of the employer or one of the persons living in the employer's house commits, with the employer's express or tacit authorization, any of the acts listed in the previous subsection against the worker; d. When the employer, directly or through their family members or dependents, maliciously causes material damage to the worker's tools or work implements; e. When the employer or their representative in the direction of the work resorts to insult, slander, or acts of force (vías de hecho) against the worker outside the place where the tasks are performed and during non-working hours, provided that said acts were not provoked and that as a consequence thereof, coexistence and harmony for the fulfillment of the contract become impossible; f. When the employer, a member of their family, or their representative in the direction of the work, or another worker is afflicted by a contagious disease, provided that the worker must remain in immediate contact with the person in question; g. When there is serious danger to the safety or health of the worker or their family, either because the workplace lacks hygienic conditions, due to the excessive unhealthiness of the region, or because the employer does not comply with the prevention and safety measures established by legal provisions; h. When the employer, through their imprudence or inexcusable carelessness, compromises the safety of the place where the work is performed or that of the persons present there; i. When the employer violates any of the prohibitions contained in Article 70, and j. When the employer incurs any other serious breach of the obligations imposed by the contract.

• k)When the employer incurs in discriminatory acts against a worker with HIV.

(Thus added the previous subsection by Article 49 of the General Law on HIV AIDS, No. 9797 of December 2, 2019) The rule contained in the final paragraph of Article 81 also applies in favor of workers.

They shall likewise incur no liability, except that of paying the amount of the notice period and the corresponding civil liability, if a dispute subsequently arises and it is proven that they abandoned their work without just cause.

a. The death of the worker; b. The need the worker has to satisfy legal obligations, such as military service or other similar ones that, according to common law, are equivalent to absolute impossibility of performance; c. Force majeure (fuerza mayor) or fortuitous event; the insolvency, bankruptcy proceedings (concurso), bankruptcy (quiebra), or judicial or extrajudicial liquidation, the incapacity, or the death of the employer. This rule only applies when the facts to which it refers produce, as a necessary, immediate, and direct consequence, the closure of the business or the definitive cessation of work, and when the legal preference held by the alimony creditors of the deceased, insolvent, or bankrupt party has been satisfied, and d. The employer's own will.

e. When the worker avails themselves of the benefits of retirement, old-age, death, or withdrawal pension, granted by the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social), or by the various pension systems of the Powers of the State, by the Supreme Electoral Tribunal (Tribunal Supremo de Elecciones), by the autonomous, semi-autonomous institutions, and the municipalities.

(Thus added the previous subsection by Article 2 of Law No. 5173 of May 10, 1973) The benefits referred to in subsection a) of this article may be claimed by any of the relatives with an interest indicated below, before the corresponding judicial labor authority. Those benefits shall be delivered by that authority to those entitled to them, without the need to process succession proceedings for that purpose and without payment of taxes.

(Thus added the previous paragraph by Article 1 of Law No. 2710 of December 12, 1960) (*)Those benefits shall correspond to the relatives of the worker, in the following order:

(Thus amended the previous paragraph by Article 5 of Law No. 10166 of March 30, 2022, "Reform of various laws for the recognition of rights of foster mothers and fathers") 1. The spouse and the minor or incapacitated children; 2. The children of legal age and the parents, including foster parents; and (Thus amended the previous subsection by Article 5 of Law No. 10166 of March 30, 2022, "Reform of various laws for the recognition of rights of foster mothers and fathers") 3. The other persons who, according to civil law, have the status of heirs.

(*)(Thus added the previous paragraph by Article 1 of Law No. 2710 of December 12, 1960) The persons included in the previous subsections have the same individual right, and only in the absence of those indicated in the previous subsection do those indicated in the following subsection enter.

(Thus added the previous paragraph by Article 1 of Law No. 2710 of December 12, 1960) For the payment of the indicated benefits, the procedure in Title Ten of this same Code shall be followed.

(Thus added the previous paragraph by Article 1 of Law No. 3056 of November 7, 1962) (Thus amended the previous paragraph by Article 3, subsection a) of Law No. 9343 of January 25, 2016, "Labor Procedural Reform".)

(Note: By Resolution No. 3340-96 of the Constitutional Chamber at 9:00 hours on July 5, 1996, the following was ordered: " ... The consultation is resolved in the sense that subsection 1), second paragraph of Article 85 of the Labor Code is not contrary to Articles 33, 51 and 52 of the Political Constitution...")

a. By the arrival of the term in fixed-term contracts, except in the case of extension, and by the conclusion of the work in contracts for a specific work; b. For the causes expressly stipulated in it, and c. By mutual consent.

Of the work of women and minors

It is absolutely prohibited to contract the work of persons under eighteen years of age to perform unhealthy, heavy, or dangerous work, in physical or moral aspects, according to the determination thereof to be made in the regulation and by resolution of the Occupational Health Council (Consejo de Salud Ocupacional). To this end, the Ministry of Labor and Social Security shall take into account the provisions of Article 199.

Without prejudice to other legal sanctions and indemnities, when an accident or illness occurs to the persons referred to in the previous paragraph, and it is proven that its cause lies in the execution of the aforementioned prohibited work, the guilty employer must pay the injured or ill person an amount equivalent to three months' salary.

(Thus amended by the sole article of the Law on Freedom of Employment Choice for Women, Law No. 10131 of February 10, 2022)

To said prohibited work, the provisions of the second paragraph of Article 87 of this Code shall apply. For the purposes of this article, the night period shall be considered that between seven o'clock in the evening and seven o'clock in the morning of the following day, as established in Article 95 of Law No. 7739, Code of Childhood and Adolescence, of January 6, 1998.

(Thus amended by the sole article of Law No. 9758 of October 29, 2019, "Regulation of the night shift for women workers")

The following is likewise prohibited:

a. Work for more than seven hours a day and forty-two per week for persons over fifteen and under eighteen; b. Work for more than five hours a day and thirty per week for persons under fifteen and over twelve; c. The work of persons under twelve years of age, and d. In general, the occupation of minors of school age who have not completed, or whose work does not allow them to complete, compulsory education.

However, in the case of agricultural or livestock operations, daytime work is permitted for persons over twelve and under eighteen years of age, within the limitations established in Chapter Two of Title Three and provided that in each case the provisions of Article 91, subsections b) and c) are complied with.

(The Code of Childhood and Adolescence, Law No. 7739 of February 6, 1998, established a maximum daytime working day of six hours a day and thirty-six per week for adolescent workers (Fifteen Years))

a- The practice, on one's own account or another's, of a trade carried out in the streets or public places, provided it is done by a person under fifteen years of age.

b- The work of persons under fifteen years of age in the sale of objects in theaters and similar establishments or to appear as actors or in some other way in public performances, which take place in entertainment venues of any kind, broadcasting stations, or theaters, with the exception of those held at school festivals, charity evenings, or gatherings dedicated to religious worship.

(Thus amended by the sole article of the Law on Freedom of Employment Choice for Women, Law No. 10131 of February 10, 2022)

The National Child Welfare Agency (Patronato Nacional de la Infancia), its respective Provincial Child Protection Boards (Juntas Provinciales de Protección a la Infancia), or their authorized representatives may grant, in very qualified cases, special written authorizations to permit night work for minors who have reached sixteen years of age, for the purposes of apprenticeship or professional training, in those industries or occupations where work must be carried out continuously.

(Thus amended by Article 1 of Law No. 5313 of August 14, 1973)

Directors who permit work on Sundays and other holidays in these establishments shall be liable to the corresponding legal sanctions.

a. The age. For this purpose, and for the work of minors in general, the Civil Registry (Registro del Estado Civil) shall issue the certifications requested free of fiscal duties:

b. The name and surnames and those of their parents or guardians, if they have them; c. The residence; d. The class of work they are engaged in; e. The specification of the number of hours they work; f. The salary they receive, and g. Proof that they have fulfilled the requirements of the General Law of Common Education and, as the case may be, the provisions of Article 91.

In the event that the worker incurs a serious breach, the employer must process the dismissal before the National Directorate and the General Labor Inspectorate (Dirección Nacional y la Inspección General de Trabajo), for which they must prove the breach. This entity shall process and resolve the request as expeditiously as possible, through a summary procedure, safeguarding due process, the balance between the parties, objectivity, and basing its resolution on evidence gathered with its due analysis. Exceptionally, the Directorate may issue a provisional precautionary measure, including the suspension of the worker with pay, while the dismissal request is resolved.

To enjoy the protection established herein, the worker must notify the employer of her pregnancy status and may provide a medical certification or proof from the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social). The employer must grant the worker up to one day of paid leave to obtain this certification.

Once the leave period has elapsed, the employer must provide paid permission to attend medical services, both for the newborn child and for the mother or caregiver, as well as for obtaining breastfeeding certificates from health centers.

(Thus amended by Article 1 of the Law to combat labor discrimination against women due to maternity, No. 10211 of May 5, 2022)

The worker may opt for reinstatement or terminate the work contract with employer liability. If she opts for reinstatement, this shall be executed in accordance with the provisions of this Code, guaranteeing that the worker is restored to the full enjoyment of her rights. In any case, the employer must pay her, in addition to the indemnity to which she is entitled and as damages, the sums corresponding to the prepartum and postpartum subsidy, and the wages she would have ceased to receive from the moment of dismissal, until completing eight months of pregnancy.

(Thus amended the previous paragraph by Article 1 of the Law to combat labor discrimination against women due to maternity, No. 10211 of May 5, 2022) If it concerns a worker in a breastfeeding period, she shall have the right, in addition to the severance pay (cesantía), to the concept of caused damages, which shall be determined in the judgment.

(Thus amended the previous paragraph by Article 1 of the Law to combat labor discrimination against women due to maternity, No. 10211 of May 5, 2022) (Thus added by Article 32 (current 35) of the Law for the Promotion of Social Equality of Women, No. 7142 of March 8, 1990) (Thus amended by Article 3, subsection a) of Law No. 9343 of January 25, 2016, "Labor Procedural Reform".)

The first year of the minor's life shall be considered as the minimum breastfeeding period, which, by medical prescription, may be extended every three months, for the purposes of Article 94, for the entire time that the girl or boy is fed with breast milk. The medical certification shall be issued by any doctor in the public or private sphere, in cases of direct breastfeeding, deferred breastfeeding, mixed breastfeeding, and relactation processes.

(Thus amended the previous paragraph by subsection a) of Article 8 of the Law to protect, promote, and support breastfeeding, No. 10895 of April 7, 2026) The enjoyment of leave and subsequent leaves shall not be affected by the interim employment status of women workers.

(Thus amended the previous paragraph by subsection a) of Article 8 of the Law to protect, promote, and support breastfeeding, No. 10895 of April 7, 2026) Special leave shall be granted in the following cases:

• a)In individual adoption, a paid special leave of three months shall be granted to the adopter, and in joint adoption, a special leave of three months, divisible between the adopters by mutual agreement, which may be taken simultaneously or alternately, according to the parties' decision. In these adoption cases, in accordance with the parameters established in the Family Code and related regulations, the leave shall commence on the day immediately following the date on which the minor is delivered for adoption purposes, or failing that, from the finality of the judgment approving the adoption and ordering its effective delivery. To enjoy the leave, the adopter or adopters must present a certification of the administrative or judicial resolution or final judgment, which permits the delivery and commencement of the effective cohabitation of the minor for adoption purposes or definitive adoption. The suspension of the measure for the effective delivery of the minor or the judgment declaring the adoption process without merit must be communicated by the National Child Welfare Agency (Patronato Nacional de la Infancia) or the Family Court to the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social), within three days following its finality. This is for the purpose of terminating the granted paternity and maternity leave.

(Thus amended the previous subsection by Article 1 of the Law for granting maternity and paternity leave in adoption processes, No. 10545 of October 16, 2024) b) Biological parents shall be granted a paternity leave of two days per week during the first four weeks following the birth of their son or daughter; the employer shall be obligated to grant permission to the father to share time with his newborn son or daughter and contribute to their care within the parameters of said leave. In the event that this provision is not respected for the biological father at his work, the employer shall incur a serious breach of the labor contract and must also compensate the worker in all labor aspects that apply according to law, and add to the indemnity the sum of six salaries.

(Sinalevi Note: By resolution of the Constitutional Chamber No. 002790 of January 29, 2025, the unconstitutionality action was granted only for the omission in subsection b) of Article 95 of Law No. 2 of August 27, 1943 ("Labor Code") and Article 41 of Law No. 10159 of March 8, 2022 ("Framework Law on Public Employment") of contemplating the possibility that, in homoparental families where co-maternity is exercised, the non-gestational mother may access the paternity leave or permission, which violates the fundamental rights to equality, and the special protection enjoyed by the family, women, and minors, in relation to the principles of the best interest of the child and equity. Consequently, in pursuit of ensuring that subsection b) of canon 95 of the Labor Code and numeral 41 of the Framework Law on Public Employment are interpreted and applied in consonance with such constitutional rights and principles, henceforth it must be understood that the benefits regulated in those norms may also be granted to the non-gestational mother who exercises co-maternity within a homoparental family.)

• c)In the event of maternal death during childbirth, during leave, or during the first three months following childbirth, whose child has survived, the biological father shall have the right to a special paid postpartum leave. This leave shall extend until the end of the third month counted from the date of childbirth.

The father of the newborn child must commit to taking charge of the newborn person; in the absence of the father or if he does not commit to taking charge of the minor, this special leave shall be granted to the working person who demonstrates that they will take charge of the newborn child. The National Child Welfare Agency (Patronato Nacional de la Infancia, PANI) must collaborate expeditiously in this process and grant a certified resolution for these purposes to the person who will take charge of the newborn person and so requests it. This special leave shall be granted to the father or to the person who takes charge of the child, as long as they are working persons, regardless of whether the mother was a working person at the time of her death.

(Thus amended the previous subsection c) by the sole article of Law No. 10397 of November 14, 2023. "Modification of paternity leave, in case of death of the mother, to protect the best interest of the child") During the leave, the payment system for this subsidy shall be governed as provided by the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social) in its regulations on "Maternity Risk," the maternity leave, and the special leaves contemplated in this article. The payment of this leave must be computed for the labor rights that derive from the work contract.

The amount that corresponds, according to the case, to the payment of this leave must be equivalent to the worker's salary and shall be covered, in equal parts, by the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social) and the employer. Likewise, in order not to interrupt the contribution during that period, the employer and the worker must pay, to the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social), their respective social contributions on the total salary earned during the leave.

The labor rights derived from the salary and established in this law, borne by the employer, must be paid in full to the worker. For all purposes, special leaves do not interrupt the labor contract.

The calculation of all labor rights established in this law borne by the employer shall be made on the basis of the salary the worker had before said leave.

The pregnant worker shall acquire the right to enjoy paid leave only if she presents to the employer a medical certificate stating that childbirth will probably occur within the five weeks following the date of issuance of this document. For the purposes of Article 96 of this Code, the employer shall acknowledge receipt of the certificate.

Doctors who hold a paid position with the State or its institutions must issue this certificate.

In adoption cases, the adoptive mother shall have the right to a breastfeeding period to facilitate the lactation induction process. For this, she must present the corresponding certification issued by a professional specialized in lactation, indicating the period required to carry out the process.

(Thus added the previous paragraph by subsection a) of Article 8 of the Law to protect, promote, and support breastfeeding, No. 10895 of April 7, 2026) (As amended by Article 1 of the Law to Combat Labor Discrimination Against Women in Maternity Condition, No. 10211 of May 5, 2022)

If it is not credited to the person to whom it was granted, she shall be entitled, at least, to two-thirds of her salary or to what is lacking for her to receive it in full, if she is covered under the benefits of the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social), and to return to her position once the circumstances that forced her to abandon it have disappeared, or to another position equivalent in remuneration, which is related to her skills, capacity, and competence.

In the case of unintentional abortion or abortion due to biological and natural causes, or of non-viable premature birth, the paid leave shall be reduced by half. In the event that the interested woman remains absent from her work for a time longer than that granted, as a result of an illness which, according to a medical certificate, must originate from the pregnancy or childbirth, and which incapacitates her for work, she shall also be entitled to the benefits mentioned in the preceding paragraph, during the entire period required for her recovery, provided that this does not exceed three months.

Once the leave, the incapacity, or the enjoyment of vacations has elapsed, the worker shall return to her position, and only in exceptional cases, duly justified, may she be placed in another position equivalent in remuneration, which is related to her skills, capacity, and competence.

(As amended by Article 1 of the Law to Combat Labor Discrimination Against Women in Maternity Condition, No. 10211 of May 5, 2022)

• a)Fifteen minutes every two hours in ordinary workdays.
• b)Half an hour twice a day.
• c)Or, she may choose to enter one hour later or leave one hour earlier from her workplace. For any of these three options, the hour shall be paid.

Which she shall communicate to the employer and, if necessary, they may agree on one of the previous options.

One hour of lactation shall apply for each nursing child.

In the case of extraordinary workdays, women in their lactation period shall have a period of fifteen minutes every three hours, in addition to the hour of the ordinary workday, to feed their child.

In cases of adoption, the adoptive mother shall be entitled to a lactation period to facilitate the process of induced lactation. To this end, she must submit the corresponding certification, issued by a specialized health professional, indicating the period required to carry out the process.

(As amended by subparagraph b) of Article 8 of the Law to Protect, Promote and Support Breastfeeding, No. 10895 of April 7, 2026) Article 97bis- The employer must provide the female worker who is breastfeeding spaces during the workday for the extraction of milk, with a minimum of 25 minutes every 3 working hours. These lactation periods may be modified according to the physiological needs of breastfeeding mothers with a medical certification; these periods must be counted as effective working time for purposes of their remuneration and may not be considered as lactation periods, therefore they are not accumulable and cannot be used for another purpose.

In cases of loss of the child, the mother may request an extraction period to carry out the cessation of the lactation process, with a medical certification indicating the time required to carry out the process without detriment to her health.

(As added by subparagraph c) of Article 8 of the Law to Protect, Promote and Support Breastfeeding, No. 10895 of April 7, 2026)

When work is paid per unit of work, by task, or on a piecework basis, the value of the period designated for pre- and post-natal leave shall be fixed according to the salary earned during the last ninety days or a shorter fraction of time if said term has not been adjusted, counted from the moment the worker ceased her labors; and the value of the daily time designated for lactation shall be determined by dividing the salary earned in the respective pay period by the number of hours actually worked, and then establishing the corresponding equivalence.

This setup must guarantee privacy and hygiene, within the economic possibilities of the employer, and must have the approval of the occupational safety and hygiene office.

They must likewise be provided a space within its facilities that guarantees being able to extract milk and store it in an adequate space at their workplace.

(As amended by subparagraph e) of Article 8 of the Law to Protect, Promote and Support Breastfeeding, No. 10895 of April 7, 2026)

Paid domestic work

Paid domestic workers are those who provide assistance and well-being to a family or person, for remuneration; they are habitually and systematically engaged in cleaning, cooking, washing, ironing, and other tasks typical of a home, private residence, or room, which do not generate profit for the employers; they may also assume duties related to the care of persons, when so agreed between the parties and these are developed in the home of the person attended.

The working conditions, as well as the specific duties to be performed, regardless of the workday that is established, must be stipulated in a written employment contract, in accordance with the requirements set forth in Article 24 of this Code and related laws.

(As amended by Article 1 of Law No. 8726 of July 2, 2009)

The probationary period in domestic work shall be three months, during which, without liability, both parties may terminate the employment relationship. Once this period has concluded and for nine more months, the party wishing to terminate the contract must notify the other party fifteen days in advance.

After one year of continuous work, the advance notice shall be one month. In both cases, if the advance notice referred to in this article is not served, the party that failed to comply must pay the other party the amount corresponding to this time.

During the advance notice period, the employer shall grant the worker one full paid day per week to seek placement.

(As amended by Article 1 of Law No. 8726 of July 2, 2009)

8726 of July 2, 2009)

The employers of paid domestic work shall be obligated to guarantee the social security of the workers, and to register them with the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social), within the eight working days following the start of their labors, in accordance with Article 44 of the Constitutive Law of the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social) and its Regulations, as well as to grant them occupational risk insurance, in accordance with Articles 193, 201, and subsequent and concordant articles of this Code.

(As amended by Article 1 of Law No. 8726 of July 2, 2009)

Paid domestic workers shall be governed by the following special provisions:

• a)They shall receive their salary in cash, which must correspond, at least, to the statutory minimum wage corresponding to the category established by the National Salary Council (Consejo Nacional de Salarios).

Furthermore, unless otherwise agreed or practiced, they shall receive adequate lodging and food, which shall be deemed as salary in kind for the corresponding legal purposes, which must be expressly stipulated in the employment contract, in accordance with Article 166 of this Code. Under no circumstances shall the salary in kind form part of the statutory minimum wage amount.

• b)They shall be subject to a maximum effective ordinary workday of eight hours for a daytime workday and six hours for a nighttime workday, with a weekly workday of forty-eight hours for a daytime workday and thirty-six hours for a nighttime workday. However, an ordinary daytime workday of up to ten hours and a mixed workday of up to eight hours daily may be stipulated, provided that the weekly work does not exceed forty-eight hours, in accordance with the provisions of the second paragraph of Article 136 of this Code. In all cases, within the effective working time, they shall be entitled, at a minimum, to one hour of rest. When workdays are less than eight hours daily, but more than three hours daily, the right to rest shall be proportional to these workdays. An extraordinary workday of up to four hours daily may be agreed upon, provided that this, added to the ordinary workday, does not exceed twelve hours daily. This type of agreement must be remunerated according to Article 139 of this Code. The extraordinary workday that is agreed upon may not be of a permanent nature.
• c)Without prejudice to their salary, they shall enjoy one day of rest per week, which must be fixed by mutual agreement between the parties. At least twice a month, said rest shall be on Sunday.
• d)They shall be entitled to fifteen days of annual paid vacations, or to the corresponding proportion in the event that the contract terminates before fifty weeks.

The right to paid pay and the enjoyment of public holidays and vacations shall be governed by the provisions of Articles 147, 148, and 159, and subsequent and concordant articles of this Code.

• e)In case of temporary incapacity caused by illness, occupational hazard, or other cause, they shall be entitled to the benefits established in Article 79 of this Code; however, the benefit referred to in subparagraph a) of said article shall be recognized from the first month of service. However, if the illness is due to a contagion caused by the persons living in the house, they shall be entitled to receive their full salary for up to three months in case of incapacity, and to have the reasonable expenses generated by the illness invariably covered.

(As amended by Article 1 of Law No. 8726 of July 2, 2009)

If the contract of the paid domestic workers concludes due to unjustified dismissal, due to resignation originating from serious misconduct by the employers or by the persons living with them, due to death or force majeure, the worker or, as the case may be, the rightful claimants referred to in Article 85 of this Code shall be entitled to compensation, in accordance with the rules established in Article 29 of this Law. In the case of workdays shorter than the ordinary workday, these rights shall be maintained proportionally, likewise for minors, in accordance with the Childhood and Adolescence Code (Código de la Niñez y la Adolescencia).

(As amended by Article 1 of Law No. 8726 of July 2, 2009)

The provisions of this Code, as well as supplementary or related laws, shall apply, unless otherwise provided, to the regime of paid domestic work in matters not provided for in this chapter.

(As amended by Article 1 of Law No. 8726 of July 2, 2009)

Persons under fifteen years of age may not be hired for the performance of paid domestic work, in accordance with the provisions of Article 92 of the Childhood and Adolescence Code (Código de la Niñez y la Adolescencia), as well as the Convention on the Rights of the Child, Convention 182 of the International Labour Organization (Organización del Trabajo), ratified by Law No. 8122-A of August 17, 2001, and the other international legal instruments ratified on this matter.

Persons from fifteen to seventeen years of age who work as paid domestic workers shall be governed by the provisions of Chapter VII, titled Special Protection Regime for Adolescent Workers, of Title II of the Childhood and Adolescence Code (Código de la Niñez y la Adolescencia), which in Article 95 stipulates that the workday, in no way, may exceed thirty-six hours per week, as well as the provisions of the General Law for Young Persons (Ley general de la persona joven), No. 8261, regarding the rights of young persons and their right to work, training, insertion, and fair remuneration.

Likewise, they shall be governed by Convention 182, Convention 138 and Recommendation 146 of the ILO, the Convention on the Rights of the Child, as well as by the provisions of the conventions relevant to this matter and ratified by Costa Rica.

(As amended by Article 1 of Law No. 8726 of July 2, 2009)

Of Homeworkers

Every employer who uses the services of one or more homeworkers must keep a book sealed and authorized by the Salary Office (Oficina de Salarios) of the Ministry of Labor and Social Security (Ministerio de Trabajo y Seguridad Social), in which shall be recorded the full names of these workers, their residences, the quantity and nature of the work or works assigned, and the exact amount of the respective remuneration.

In addition, the employer shall have printed duplicate vouchers, which the worker shall sign each time the materials to be delivered to the worker are received or the salary owed to the worker is received; or which the employer shall sign and give to the worker each time the worker delivers the completed work to the employer. In all these cases, the applicable specification or individualization must be made.

(The name of the Office was thus amended by Article 13, subparagraph k) of Law No. 3372 of August 6, 1964. The name of the Ministry was thus amended by Article 2 of Law No. 5089 of October 18, 1972)

In no case may it be lower than that paid for equal work in the locality or than the salaries that would correspond to them for equal performance if they worked inside the workshop or factory of the employer.

The employer who violates this provision shall be ordered by sentence to pay each worker fixed compensation of one hundred colones.

Upon the verified cessation of these circumstances, or upon the departure or recovery of the sick person and proper disinfection of the place, permission shall be granted to resume work.

Of the Work of Apprentices

4903 of November 17, 1971)

4903 of November 17, 1971)

4903 of November 17, 1971)

4903 of November 17, 1971)

Of Work at Sea and on Navigable Waterways

Services proper to navigation shall be understood as all those necessary for the direction, maneuvers, and service of the ship.

Fisherman shall mean any person who is to be employed or hired on board any fishing vessel, in any capacity, and who appears on the crew list.

The enrollment contract shall observe the formalities appropriate to its legal nature and shall be drafted in understandable terms to guarantee that the fisherman understands the meaning of the clauses of the contract.

The enrollment contract shall indicate the name of the fishing vessel on board which the fisherman will serve, as well as the voyage or voyages to be undertaken, if such information can be determined at the time of concluding the contract, or, failing that, the estimated dates of departure and return to port, the destination routes, and the form of remuneration. If the fisherman is remunerated on a share of catch or piecework basis, the enrollment contract shall indicate the amount of their share and the method adopted for its calculation; if remunerated by a combination of salary and share of catch, their minimum cash remuneration shall be specified, which may not be less than the statutory minimum wage.

The Ministry of Labor and Social Security (Ministerio de Trabajo y Seguridad Social) shall be responsible for providing printed model forms in their various modalities. Said contracts shall be drawn up in triplicate: one for each party and another that the employer must submit to the National Employment Directorate (Dirección Nacional de Empleo) of the Ministry of Labor and Social Security (Ministerio de Trabajo y Seguridad Social), within fifteen days following its execution, modification, extension, or novation.

In the enrollment contract, the owner of the fishing vessel or their authorized legal representative shall declare under oath that they are up to date with their employer-worker obligations to the CCSS, which must be accredited before the National Employment Directorate (Dirección Nacional de Empleo).

Likewise, the National Employment Directorate (Dirección Nacional de Empleo) is responsible for designing and issuing an identification document, which shall be called "identity document for seafarers" (documento de identidad para la gente del mar), which shall contain the following data regarding its holder: a) full name, b) place and date of birth, c) nationality, d) current domicile address, e) photograph, and f) signature and thumbprint. This document shall be issued to anyone who requests it, regardless of their nationality, and shall be a necessary condition for signing each enrollment contract. A record of these contracts and of each identification document shall be kept by the National Employment Directorate (Dirección Nacional de Empleo).

(As amended by Article 173 of the Fisheries and Aquaculture Law, No. 8436 of March 1, 2005)

The Directorate of the General Labor Inspection (Dirección de la Inspección General de Trabajo), in the exercise of its oversight power, is compelled to act ex officio or upon complaint by an interested party, in the strict application and faithful compliance of the mentioned regulations, proceeding to carry out the corresponding inspections and warnings to the violators. Once the infraction has been verified, the legal period shall be granted so that the employer ceases the warned act and restores the normal conditions that are lacking. In case of contempt, reticence, or refusal to comply with what is required, the corresponding action shall be filed before the competent labor courts.

The owner of the fishing vessel or their legal representative, before signing the enrollment contract, must require from the fisherman the "identity document for seafarers" (documento de identidad para la gente del mar) and the medical certificate attesting to their physical fitness for the maritime work for which they are to be employed.

The port authority shall keep a permanent register of fishing vessels and their registration, as well as of their owners. Likewise, it shall maintain a register of fishing permits and licenses per vessel and their respective validity.

To grant the departure clearance (permiso de zarpe), it shall be necessary, in addition to the above register, to have previously accredited to the port authority the complete list of the crew and of all persons on board, including the vessel owner, and to indicate their respective roles, as well as to attach a copy of the identity documents of each one.

The employment of children under sixteen years of age to provide services of any nature on board fishing vessels is prohibited; such vessels are understood to be all watercraft, ships, and boats, whatever their class or ownership, public or private, that are engaged in maritime fishing. From this prohibition are excepted training vessels duly accredited before the Costa Rican educational authorities and recognized in that condition.

(As added by Article 173 of the Fisheries and Aquaculture Law, No. 8436 of March 1, 2005)

The case of casualty is not excepted, but that of imprisonment imposed on the worker for a crime committed abroad and other analogous situations that denote absolute impossibility of fulfillment is.

In the first case, the workers shall be entitled to an amount of three months' salary, unless the legal indemnities were greater; and in the second case, to a severance aid (auxilio de cesantía) equivalent to two months' salary, unless Article 29 empowers them to claim a greater one.

A vessel shall be understood to be underway at sea when it remains at sea or in any national or foreign port that is not one of those indicated in Article 120 for the worker's return.

However, if, while the vessel is in any port, the captain finds a substitute for the worker who wishes to leave their labors, they may terminate their contract, conforming to legal requirements.

No reduction of salaries shall be made if the voyage is shortened, whatever the cause.

The case where the captain finds a substitute in accordance with Article 123 is excepted.

The employer shall distribute pro-rata among the remaining workers the amount of the said salaries, if there is no overload of work; and proportionally among those who perform the duties of the departing worker, in the contrary case.

Cases covered by the Social Security Law and the provisions on occupational hazards shall be governed in accordance with what those provisions stipulate.

By units of time earned if the contract was made in this form; If the contract was by voyage, it shall be considered that they have earned half of their contract amount if they died during the outward voyage, and the entirety if they died on the return voyage, and If the contract was made on a share basis, all that corresponds to the worker shall be paid when their death occurs after the voyage has begun. The employer shall not be obligated to any payment in the event that the death occurs before the date on which the ship was normally to depart.

OF WORKDAYS, REST PERIODS, AND SALARIES

General provisions

7360 of November 4, 1993)

Of the workday

The ordinary effective workday may not be greater than eight hours per day, six at night, and forty-eight hours per week.

However, in jobs that by their very condition are not unhealthy or dangerous, an ordinary daytime workday of up to ten hours and a mixed workday of up to eight hours may be stipulated, provided that the weekly work does not exceed forty-eight hours.

The parties may freely contract the hours allocated for rest and meals, considering the nature of the work and legal provisions.

(Note from Sinalevi: By means of Article 4 of Law No. 308 of December 16, 1948, the effects of this article had been suspended until the end of the war conflicts of the time. However, said suspension became void with the holding of the national elections of the years 1948 and 1949)

Effective working time is that during which the worker remains under the orders of the employer or cannot leave the place where they provide their services during rest and meal hours.

In any case, the mandatory minimum rest period of half an hour that must be given to workers during the workday shall be considered effective working time, provided that the workday is continuous (*).

(*)(The preceding phrase was thus added by Article 1, subsection c) of Law No. 31 of November 18, 1943)

Effective work performed outside the limits previously set, or that exceeds the workday shorter than these limits that is contractually agreed upon, constitutes an extraordinary workday and must be remunerated with fifty percent more than the minimum wages, or the higher wages that have been stipulated.

Hours spent by the worker correcting errors attributable solely to them, committed during the ordinary workday, shall not be considered extraordinary hours.

Work voluntarily performed by workers outside the ordinary workday and during daytime hours on agricultural or livestock farms (explotaciones agrícolas o ganaderas) shall also not merit extraordinary remuneration.

(The word "properly" was thus deleted from the preceding paragraph by Article 1, subsection a) of Law No. 56 of March 7, 1944) (Note from Sinalevi: By Article 4 of Law No. 308 of December 16, 1948, the effects of this article had been suspended until the end of the warlike conflicts of the era. However, said suspension became ineffective with the holding of the national elections of the years 1948 and 1949)

In jobs that by their very nature are dangerous or unhealthy, the extraordinary workday shall not be permitted.

(The original second paragraph was repealed by Article 2 of Law No. 25 of November 17, 1944)

Bakery workshops and dough factories that produce goods for public consumption shall be obliged to employ as many teams made up of different workers as necessary to perform the work in workdays that do not exceed the limits set by Article 136, without the same team repeating its workday unless alternating with the workday carried out by another.

The respective employers shall be obliged to keep a book sealed and authorized by the General Labor Inspectorate (Inspección General de Trabajo), in which the list of the teams of workers working under their orders during the different daytime, nighttime, or mixed periods shall be recorded each week.

(The name of the Inspectorate was thus reformed by Article 1, subsection f) of Law No. 3372 of August 6, 1964)

Excluded from the limitation on the workday shall be managers, administrators, legal representatives (apoderados), and all those employees who work without immediate superior oversight: workers who hold positions of trust; commission agents and similar employees who do not perform their duties on the premises of the establishment; those who perform discontinuous functions or functions that require their mere presence; and persons who perform tasks that, by their undoubted nature, are not subject to a workday.

However, these persons shall not be obliged to remain at their work for more than twelve hours per day and shall have the right, within that workday, to a minimum rest period of one and a half hours.

(Thus reformed by Article 1 of Law No. 2378 of September 29, 1960).

The Executive Branch (Poder Ejecutivo), if the studies conducted by the Ministry of Labor and Social Security (Ministerio de Trabajo y Seguridad Social) provide merit for it, may set limits lower than those in Article 136 for work performed inside mines, in glass factories, and other analogous enterprises.

(The name of the Ministry was thus reformed by Law No. 5089 of October 18, 1972)

7679 of July 17, 1997)

Public Holidays, Weekly Rest Days, and Mandatory Vacations

Public Holidays and Weekly Rest Days:

All days of the year are business days for work, except public holidays (días feriados) and the weekly rest days existing by legal provision or agreement between the parties.

(Thus reformed by Article 1 of Law No. 7619 of July 24, 1996)

August 2 and August 31 and December 1 shall also be considered public holidays, but their payment shall not be obligatory.

(Thus reformed the preceding paragraph by Article 2 of Law No. 10050 of October 25, 2021, "Declares the month of August as the historic month of Afro-descendance in Costa Rica") With the purpose of instilling and preserving patriotic values, the civic and educational activities of July 25 and October 12 shall be obligatory commemorations at the national level, in all schools and colleges on the very day of the celebration. The latter, October 12, shall not be considered a public holiday. July 25 shall always be celebrated on the respective date and its celebration or holiday shall not be transferred to a different day of the week than the corresponding one.

(Thus reformed the preceding paragraph by the sole article of the Law for the vindication as a historic and sociocultural milestone of the incorporation of the Partido de Nicoya to Costa Rica, through its commemoration on the corresponding day, No. 10438 of February 1, 2024) Payment for public holidays shall be made according to the ordinary salary, if the worker earns per unit of time, and according to the average salary earned during the week immediately prior to the rest day, if the work is performed on a piecework basis (a destajo o por piezas).

Practitioners of religions other than Catholic may request from their employer the granting of the religious celebration days of their own faith as free days, and the employer shall be obliged to grant them. When this occurs, the employer and the worker shall agree on the make-up day, which may be deducted from vacation time.

The days for each religion that may be the object of this right shall be those registered with the Ministry of Foreign Affairs and Worship (Ministerio de Relaciones Exteriores y Culto), provided that the number does not exceed the number of obligatory holy days observed by the Catholic Church in Costa Rica. The Executive Branch shall regulate the scope of this provision within the first sixty days after this law enters into force.

Transitional to Article 148. On a one-time basis, the enjoyment of the holiday corresponding to the dates July 25 and August 15, 2020, shall be moved to the immediately following Monday; the one corresponding to the dates September 15 and December 1, 2020, to the immediately preceding Monday.

The enjoyment of the holiday corresponding to the dates May 1 and July 25, 2021, shall be moved to the immediately following Monday, and the one corresponding to the dates September 15 and December 1, 2021, to the immediately preceding Monday.

The enjoyment of the holiday corresponding to the dates September 15 and December 1, 2022, shall be moved to the immediately following Monday.

The enjoyment of the public holidays April 11, July 25, and August 15, 2023, shall be moved to the immediately preceding Monday.

Lastly, the enjoyment of the holiday corresponding to April 11, 2024, shall be moved to the immediately following Monday.

(Thus reformed the preceding paragraph by the sole article of the Law for the vindication as a historic and sociocultural milestone of the incorporation of the Partido de Nicoya to Costa Rica, through its commemoration on the corresponding day, No. 10438 of February 1, 2024) All of the above, with the purpose of promoting domestic visitation and economic reactivation in all regions of the country, particularly in the tourism sector.

The official activities corresponding to the commemorations referred to for the indicated dates, when applicable, shall be carried out on the actual day established.

(Thus added the preceding transitional article by the sole article of Law No. 9875 of July 16, 2020, "Movement of holidays to Mondays, with the purpose of promoting domestic visitation and tourism during the years 2020 to 2024") (Thus reformed the preceding transitional provision by the sole article of Law No. 10396 of November 20, 2023) (This article is regulated by Executive Decree No. 25570 of October 7, 1996) (Thus reformed by Article 2 of Law No. 9803 of May 19, 2020, "National celebration of December 1 as the Day of the Abolition of the Army and a public holiday of non-obligatory payment")

The preceding rule has the following exceptions:

• a)Regarding the opening and closing of establishments where alcoholic beverages are sold to the public, the provisions of the respective law shall govern; b) Hotels, pharmacies, canteens (cantinas), cafeterias, soft drink stands (refresquerías), bakeries, restaurants, inns (hosterías), eating houses (fondas), theaters, cinemas, public shows in general, cigar shops (cigarrerías), gasoline sales outlets, and stalls selling vegetables, fruits, and milk, as well as charitable institutions, may remain open during all the days and hours permitted by current laws or special regulations.

The latter shall be issued after hearing employers and workers beforehand.

(Thus reformed subsection b) above by Article 2 of Law No. 2416 of October 23, 1945) c) Barber shops and hairdressing salons located in the capital shall close only on Sundays, Holy Thursday, and Holy Friday.

The Executive Branch may extend the application of this provision to other areas of the country and other public holidays, after hearing employers and workers beforehand; d) Any commercial establishment may remain open until twelve noon on Sundays and public holidays, except Holy Thursday and Holy Friday, days on which closing shall be total.

In the Central Canton of San José, only the businesses referred to in subsection b) of this same article may remain open on Sundays and public holidays; small grocery stores (pulperías) and liquor stores shall close as provided in the first paragraph of this subsection. Workers in commercial establishments throughout the country shall not be obliged to work on Sundays and public holidays; if they do so, by agreement with their employers, the latter must remunerate their work in the manner determined in the final paragraph of Article 152 of this Code.

(Thus reformed by Article 2 of Law No. 2 of October 10, 1945)

Also excepted from the provision of Article 149 are persons who are exclusively engaged in:

a. Work intended to repair deterioration caused by force majeure or unforeseen events (caso fortuito), provided that the repair cannot be postponed; b. Work that requires continuity due to the nature of the needs it satisfies, for technical reasons, or for reasons based on the advisability of avoiding significant harm to the public interest, agriculture, livestock, or industry; c. Works that by their nature can only be executed in determined seasons and that depend on the irregular action of natural forces, and d. In the necessary and urgent work for the proper functioning of a company.

e. In work not included in this and the preceding articles, provided that the worker voluntarily agrees to work during the following public holidays: March 19, April 11, the day of Corpus Christi, June 29, August 2 and August 15, October 12, and December 8.

(Thus added the preceding subsection by Article 1 of Law No. 1090 of August 29, 1947) (Note: See Law No. 7619 of July 18, 1996, according to which March 19, the day of Corpus Christi, June 29, and December 8 ceased to be public holidays.)

Every worker has the right to enjoy a day of absolute rest (*) (after each week or after each six days of continuous work), which shall only be with the enjoyment of the corresponding salary if it concerns persons providing their services in commercial establishments or when, in other cases, it has been so stipulated.

((*) NOTE: The phrase written in parentheses was interpreted by resolution of the Constitutional Chamber (Sala Constitucional) No. 10.842-2001 of 14:53 hours on October 24, 2001, to mean that it does not contain an alternative or option for the employer, but rather refers to two different factual situations).

The employer who does not grant the rest day shall incur the legal sanctions and the obligation to pay their workers, for that workday, double the salary they ordinarily pay them.

Notwithstanding, working during the weekly rest day shall be permitted, by agreement of the parties, if the tasks are not heavy, unhealthy, or dangerous and are performed in the service of agricultural or livestock farms, of industrial enterprises that require continuity in work due to the nature of the needs they satisfy, or of activities of evident public or social interest.

In the first case, the remuneration shall be that established for the extraordinary workday in the first paragraph of Article 139; in the other cases, it shall be that established in the second part of this article.

When it concerns those tasks included in the last case of the preceding paragraph, and the worker does not agree to provide their services during the rest days, the employer may request authorization from the Ministry of Labor (Ministerio de Trabajo) to grant the rest days in an accumulated monthly form. The Ministry, after a prior hearing with the interested workers for a term that shall never be less than three days, in each case and in a reasoned resolution, shall grant or deny the requested authorization.

(Thus reformed by Article 1 of Law No. 859 of May 2, 1947) (The name of the Ministry was thus reformed by Article 1 of Law No. 3372 of August 6, 1964)

Annual Vacations:

Every worker has the right to paid annual vacations, the minimum of which is set at two weeks for every fifty weeks of continuous work, in the service of the same employer.

In the event of termination of the contract before completing the period of fifty weeks, the worker shall have the right, at a minimum, to one day of vacation for each month worked, which shall be paid to them at the time of their departure from work.

The continuity of work shall not be interrupted by unpaid leaves, the rest periods granted by this Code, its regulations, and its related laws, justified illnesses, the extension or immediate renewal of the employment contract, or any other analogous cause that does not terminate it.

(Thus reformed by Article 1 of Law No. 4302 of January 16, 1969)

• a)When the worker ceases their employment for any reason, they shall have the right to receive in money the corresponding amount for the vacations not enjoyed.
• b)When the work is occasional or on a piecework basis.
• c)When, due to some justified circumstance, the worker has not enjoyed their vacations, they may agree with the employer on the payment of the excess over the minimum of two weeks of vacation for every fifty weeks, provided it does not exceed the equivalent of three accumulated periods. This compensation may not be granted if the worker has received this benefit in the two preceding years.

(Note: In relation to the preceding subsection, see Executive Decree No. 28827 of July 21, 2000, regarding that the Government Ministers and heads of institutions whose payrolls are paid from the national budget for the year 2001 shall not authorize the compensation of vacations under the terms of subsection c), Article 156 of the Labor Code) Without prejudice to the provisions in the preceding subsections, the employer shall ensure that their employees enjoy the vacations to which they are entitled annually. In any case, acquired rights in vacation matters shall be respected.

(Thus reformed by the sole article of Law No. 7989 of February 16, 2000)

To calculate the salary that the worker must receive during their vacations, the average of the ordinary and extraordinary remunerations earned by them during the last week or the longer period determined by the Regulation shall be taken, if the beneficiary provides their services on an agricultural or livestock farm; or during the last fifty weeks if they work in a commercial, industrial, or any other type of company. The respective terms shall be counted, in both cases, from the moment the worker acquires their right to the rest.

(Thus reformed by Article 1 of Law No. 31 of November 24, 1943).

Workers must enjoy their vacation period without interruptions. These may be divided into two fractions, at most, when the parties so agree, and provided that it concerns tasks of a special nature that do not permit a very prolonged absence.

(Thus reformed by Article 1 of Law No. 2919 of November 24, 1961)

The accumulation of vacations is prohibited, but they may be accumulated on a one-time basis when the worker performs technical, managerial, confidential, or other analogous duties that especially hinder their replacement, or when the residence of their family is located in a province different from the place where they provide their services. In this latter case, if the employer is the party interested in the accumulation, they must pay the worker who wishes to spend their vacations with their family the transfer expenses, for the respective outward and return journeys.

In the case of private companies, it shall be presumed, unless proven otherwise, that vacations have not been granted if the employer, at the request of the labor authorities, does not show the respective record signed directly by the interested party, or at their request by two work colleagues, in the event that they should not know how or be unable to do so.

Wages and Measures That Protect Them

The salary must be paid in legal tender currency whenever it is stipulated in money. It is absolutely prohibited to do so in merchandise, vouchers (vales), tokens (fichas), coupons, or any other representative sign intended to substitute currency.

Excepted from the preceding prohibition are farms dedicated to coffee cultivation where, during the harvest season, it is customary to give the workers engaged in that task any of the representative signs referred to in this article, provided that their conversion into money necessarily takes place within the week of their delivery.

(Thus added the preceding paragraph by Article 1 of Law No. 31 of November 24, 1943).

Legal sanctions shall be applied at their maximum when payment orders are only exchangeable for merchandise in certain establishments.

Salary in kind is understood solely as what the worker or their family receives in food, housing, clothing, and other articles intended for their immediate personal consumption.

On agricultural or livestock farms, the land that the employer cedes to the worker for them to plant and harvest its products shall also be considered remuneration in kind.

For all legal purposes, as long as the value of the remuneration in kind is not determined in each specific case, it shall be estimated as equivalent to fifty percent of the salary the worker receives in money.

Notwithstanding the provisions of the three preceding paragraphs, supplies of an undoubtedly gratuitous nature that the employer grants to the worker shall not be computed as salary in kind, which may not be deducted from the salary in money nor taken into account for the setting of the minimum salary.

(Thus added the preceding paragraph by Article 1 of Law No. 31 of November 24, 1943).

To set the amount of the salary in each class of work, the quantity and quality of the same shall be considered.

Equal work, performed in a position, workday, and conditions of equal efficiency, corresponds to equal salary, comprising within this both the payments for daily quota (cuota diaria) and the perquisites, services such as housing, and any other good that is given to a worker in exchange for their ordinary work; (Thus reformed the preceding paragraph by Article 1 of Law No. 25 of November 17, 1944).

Differences based on consideration of age, sex, or nationality may not be established.

If the salary consists of participation in the profits, sales, or collections made by the employer, a biweekly or monthly sum shall be designated that the worker must receive, which shall be proportional to the needs of the latter and the probable amount of the earnings that would correspond to them. The final settlement shall be made at least annually.

For this purpose, and for the computation of all the indemnities granted by this Code, the complete salary is understood to be that earned during the ordinary and extraordinary workdays.

Payment may be made during work or immediately after work ceases, but not in centers of vice or in places of recreation, sale of merchandise, or dispensing of alcoholic beverages, unless it is the establishment where the payment is made.

Salaries that do not exceed the lowest monthly salary established in the minimum wage decree (decreto de salarios mínimos), in force at the time the seizure (embargo) is decreed, are unseizable (inembargables). If said lowest salary is indicated per ordinary workday, its amount shall be multiplied by twenty-six to obtain the monthly salary.

Salaries that exceed that limit are seizable up to one-eighth of the portion reaching up to three times that amount and up to one-fourth of the rest.

However, any salary shall be seizable up to fifty percent as alimony (pensión alimenticia).

Salary shall be understood as the net sum corresponding to the person who earns it, once the obligatory contributions that the worker must pay by law have been deducted. For the purposes of this article, per diem allowances (dietas) are considered salary.

Even if it concerns different causes, regarding the same salary, only the part that is seizable in accordance with these provisions may be seized.

In the event of a simulated seizure, the same may be proven in a proceeding (incidente) created for that purpose within the trial where said seizure is adduced or opposed. For this purpose, the courts shall assess the evidence in conscience without being subject to common rules on the matter. If simulation is proven, the seizure shall be revoked, and the seizing party must return the sums received.

(Thus reformed by Article 2 of Law No. 6159 of November 25, 1977).

The advance made by the Employer to the worker to induce them to accept the employment shall be limited, regarding its amount, to one-fourth of the agreed monthly salary; when it exceeds the established limit, it shall be legally unrecoverable and may not be subsequently recovered by offsetting it against the amounts owed to the worker.

Debts that the worker contracts with the employer for advances or for excess payments made shall be amortized during the validity of the contract in a minimum of four payment periods and shall not accrue interest. It is understood that upon termination of the contract, the Employer may make the definitive settlement that may be applicable.

(Thus reformed by Article 2 of Law No. 3636 of December 16, 1965, "Ratifies ILO Convention No. 117 on Social Policy Standards")

Salaries may only be assigned, sold, or encumbered in favor of third parties, in the proportion in which they are seizable.

Legal transactions made with cooperatives or with legally constituted credit institutions, which are governed by the same principles as the former, are exempt.

(Thus reformed by Article 2 of Law No. 4418 of September 22, 1969)

Every employer who permanently employs ten or more workers must keep a Wage Book (Libro de Salarios) authorized and sealed by the Wage Office (Oficina de Salarios) of the Ministry of Labor and Social Security, which shall be responsible for providing models and standards for its proper printing.

Every employer who permanently employs three or more workers, without reaching the limit of ten, is obliged to keep payrolls (planillas) in accordance with the models adopted by the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social) or the National Insurance Institute (Instituto Nacional de Seguros).

(The names were thus reformed by Laws No. 3372 of August 6, 1964, and No. 5089 of October 18, 1972).

The Minimum Wage

The minimum wages set pursuant to the law shall take effect from the effective date of the respective Decree for all workers, with the exception of those who serve the State, its Institutions, and Municipal Corporations and whose remuneration is specifically determined in the corresponding public budget. However, the former and the latter shall annually, when preparing their respective ordinary budgets, make the necessary rectifications so that none of their workers earns a salary lower than the minimum that corresponds to them.

(Thus reformed by Article 2 of Law No. 3372 of August 6, 1964)

The fixing of the minimum wage automatically modifies employment contracts in which a lower wage has been stipulated, and does not imply a waiver by the worker nor abandonment by the employer of pre-existing agreements favorable to the former, relating to higher remuneration, housing, farmland, work tools, medical service, supply of medicines, hospitalization, and other similar benefits.

(As amended by Article 2 of Law No. 3372 of August 6, 1964, which first repeals it and then transfers 191 to the present numeral 179)

3372 of August 6, 1964)

3372 of August 6, 1964)

3372 of August 6, 1964)

3372 of August 6, 1964)

3372 of August 6, 1964)

3372 of August 6, 1964)

3372 of August 6, 1964)

3372 of August 6, 1964)

3372 of August 6, 1964)

3372 of August 6, 1964)

3372 of August 6, 1964)

3372 of August 6, 1964)

3372 of August 6, 1964)

ON THE PROTECTION OF WORKERS DURING THE PERFORMANCE OF WORK

(Note: Article 1 of the Law on Occupational Risks (Ley Sobre Riesgos del Trabajo) No. 6727 of March 9, 1982, completely replaced the former Title Four of this Code, which encompassed articles 193 through 261 inclusive, and added new provisions. Therefore, this new Title Four spans from article 193 to 331, with the corresponding numbering, and the former article 262 becomes 332, etc., up to 362 inclusive.)

(This Title IV is regulated by Executive Decree No. 13466 of March 24, 1982)

Every employer (patrono), whether a Public Law or Private Law entity, is obligated to insure its workers against occupational risks (riesgos del trabajo), through the Instituto Nacional de Seguros, in accordance with articles 4 and 18 of the Labor Code.

The employer's liability regarding insurance against occupational risks subsists even in the event that the worker is under the direction of intermediaries, whom the employer uses for the execution or performance of the work.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

Without prejudice to the fact that, at the request of the interested party, insurance against occupational risks may be issued, the following shall be excluded from the provisions of this Title:

The family work activity of natural persons, understood as that performed between spouses, or those who live as such, between these and their ascendants and descendants, for common benefit, when there is undoubtedly no employment relationship.

Workers who perform activities on their own account, understood as those who work alone or associated, independently, and who do not earn a salary.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

This insurance shall be at cost, shall operate under the conditions, coverages, and compensatory requirements technically defined by the Instituto Nacional de Seguros and approved by SUGESE, and shall have the following characteristics:

1. The Consejo de Salud Ocupacional shall be the policyholder and the entity responsible for fulfilling the obligations set forth in subsections a), b), and c) of article 214 of the Labor Code with respect to the indicated independent workers.

2. It shall not be necessary to submit payrolls or to report the worker prior to the loss for insurance purposes; however, the Consejo de Salud Ocupacional must maintain the necessary controls or records to verify that the accident reports it submits are appropriate.

3. Its financing shall be as follows:

3.1 The premium shall be deducted by the Instituto Nacional de Seguros from the transfer of surpluses it makes to the Consejo de Salud Ocupacional in accordance with the second paragraph of article 205 of the Labor Code.

3.2 In those years in which the occupational risk insurance does not generate surpluses corresponding to the Consejo de Salud Ocupacional that are sufficient for the payment of the premium, that Council shall assume the cost of the premium or the uncovered portion thereof, from the resources it holds accumulated. In the event that these resources are managed or invested by the INS, it may deduct the premium from them.

3.3 In the event that the premium cannot be paid in whole or in part through the mechanisms provided in points 3.1 and 3.2 of this article, the INS shall assume the premium, or the portion thereof that remains uncovered, and that cost shall be deductible from the income tax it must pay.

(As added by the sole article of the Law to guarantee universal coverage of occupational risk insurance for independent workers affected by snakebites, No. 10150 of March 16, 2022)

Occupational risks consist of accidents and illnesses that occur to workers, on the occasion of or as a consequence of the work they perform in a subordinate and remunerated manner, as well as the aggravation or reaggravation resulting as a direct, immediate, and unmistakable consequence of those accidents and illnesses.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

An occupational accident (accidente de trabajo) is defined as any accident that happens to the worker as a cause of the work they perform or as a consequence thereof, during the time they remain under the direction and dependence of the employer or their representatives, and which may cause death or temporary or permanent loss or reduction of the capacity for work.

Shall also be classified as an occupational accident that which occurs to the worker under the following circumstances:

During the usual commute from their domicile to work and vice versa, when the route taken has not been interrupted or varied for reasons of personal interest, provided the employer directly provides or pays for the transportation, likewise when in accessing the workplace special dangers must be faced, which are considered inherent to the work itself. In all other cases of commute accidents, when the route taken by the worker has not been varied for the worker's personal interest, the benefits covered shall be those stipulated in this Code that have not been granted, partially or totally, by other social security regimes.

In the fulfillment of the employer's orders, or in the provision of a service under their authority, even if the accident occurs outside the workplace and after the end of the workday.

In the course of an interruption of work, before starting it or after finishing it, if the worker is at the workplace or on the premises of the company, establishment, or operation, with the express or tacit consent of the employer or their representatives.

ch) In any of the events defined in subsection e) of article 71 of this Code.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

An occupational illness (enfermedad del trabajo) is defined as any pathological state resulting from the continued action of a cause that has its origin or motive in the work itself or in the environment and conditions in which the worker labors, and it must be established that these have been the cause of the illness.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

When the work performed acts directly as a triggering, accelerating, or aggravating factor of an occupational risk, neither the pathological, organic, or functional predisposition of the worker, nor the pre-existing illness, shall be grounds to permit the reduction of the percentage of impairment that must be established, provided there clearly exists a causal relationship between the work performed and the risk occurred, and that partial or total permanent disability is determined.

In other cases where the consequences of an occupational risk are aggravated, without partial or total permanent disability being determined, the resulting disability shall be assessed according to the medical opinion on the consequences that the risk would presumably have caused the worker, without the existence of the cited pre-existing factors, allowing the resulting percentage of permanent disability to be increased by up to ten percent of the general capacity.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

For this purpose, the Consejo de Seguridad Ocupacional, within the scope of its attributions and competencies, shall consider the safety conditions of electrical installations and emergency power sources for fishing vessels, according to their physical characteristics, as well as concerning the components of traction, loading-unloading, and related mechanisms, and also those related to radiocommunication systems and equipment, fire detection and firefighting, and the conditions of workplaces, accommodation, sanitary facilities, galley and mess hall, catch storage areas and refrigeration and ventilation systems, without omitting emergency exits, circulation routes and hazardous areas, quality of floors, bulkheads, ceilings and doors, noise control and first aid, as well as all other details that contribute to safety and better working conditions on board fishing vessels.

Every shipowner or owner of fishing vessels shall be obligated to adopt, in the workplaces, measures to guarantee the occupational health of workers, in accordance with the terms of the Labor Code, the occupational health regulations in general and the specific ones promulgated, and the recommendations formulated, in this matter, by both the Consejo de Salud Ocupacional and the inspection authorities of the Ministerio de Trabajo y Seguridad Social, the Ministerio de Salud, or the Instituto Nacional de Seguros.

The owners and shipowners of vessels engaged in maritime fishing for profit, in Costa Rican territorial waters and over the seas adjacent to its territory, within an extension of two hundred miles from the same line and in international waters, must ensure that navigation and fishing activity are carried out without endangering the safety and health of the fishermen.

For navigation and for carrying out fishing activities, it shall be essential that the vessels or boats are maintained in optimal conditions of safety and operability, and are equipped with equipment appropriate for their intended purpose and use. The Ministerio de Obras Públicas y Transportes is responsible for matters of navigation and safety.

It shall be the responsibility of INCOPESCA to verify that the national and international safety standards have been certified by that Ministry, prior to any procedure for an initial application or renewal of a fishing license.

(As added by Article 174 of the Fisheries and Aquaculture Law (Ley de Pesca y Acuicultura), No. 8436 of March 1, 2005)

The following do not constitute occupational risks covered by this Title, upon corresponding verification:

Those provoked intentionally, or that are the result or consequence of a willful act (hecho doloso) of the worker.

Those due to the intoxication (embriaguez) of the worker or the use, attributable to them, of narcotics, hypnotic drugs, tranquilizers, or stimulants; Unless there is a medical prescription and provided there is a causal relationship between the state of the worker, due to intoxication or drug use, and the risk occurred.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

For the purposes of this Title, apprentices and other similar persons are considered workers even if, due to their lack of skill, they do not receive a salary.

The monetary benefits for these workers shall be calculated on the basis of the minimum wage for the occupation they are learning. Employers shall include such amounts in the payrolls they must report to the Institute.

Foreign workers, and their rightful claimants, shall enjoy the benefits provided for in this Code.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

Said insurance shall be at the expense of the companies or training centers for employability of such program and shall be called, for the purposes of the protection provided in this article, Special Occupational Risk Insurance for Dual Technical Training (Seguro de Riesgos de Trabajo Especial para Formación Técnica Dual).

It is understood that the referred right does not constitute an employment relationship between the student and the policyholder.

(As added by Article 32 of Law No. 9728 of September 12, 2019, "Educación y Formación Técnica Dual")

For the benefit of workers, insurance against occupational risks is declared obligatory, universal, and compulsory in all work activities. The employer who does not insure their workers shall be liable before them and the insuring entity for all medical-sanitary, rehabilitation, and monetary benefits indicated by this Title and that said insuring entity has provided.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

Officials, employees, representatives, or agents of the State are prohibited from entering into contracts or granting permits for the performance of work, without the prior presentation, by the interested parties, of the occupational risk insurance.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

Authorized inspectors from the municipalities, the Ministerio de Trabajo y Seguridad Social, and the Instituto Nacional de Seguros, without any special procedure, upon verification that work is being performed without the existence of occupational risk insurance, may order its stoppage and closure, as provided by the respective regulation.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

Occupational risks shall be insured exclusively by the Instituto Nacional de Seguros, at the employer's expense, and for the benefit of their workers. The Instituto Nacional de Seguros is authorized to issue policy receipts (recibos pólizas) to accredit the existence of this insurance.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

The occupational risk insurance shall be administered on the technical bases that the Instituto Nacional de Seguros establishes, to guarantee the granting of monetary, medical-sanitary, and rehabilitation benefits, as well as the financial solidity of the regime.

The insuring institution shall prepare annual liquidations, which include the formation of the technically necessary reserves, to establish the results of the elapsed fiscal year. If surpluses arise, these shall become part of a distribution reserve, which shall be allocated, 50% to finance the programs developed by the Consejo de Salud Ocupacional and the remainder to incorporate improvements into the regime.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

Once the occupational risk insurance is issued, the insuring entity shall be liable before the worker for the supply and payment of all medical-sanitary, rehabilitation, and monetary benefits established in this Code, subrogating the employer in the corresponding rights and obligations. The liability of the insuring institution, regarding monetary benefits, shall be determined based on the amount of wages reported by the employer as earned by the worker, prior to the occurrence of the risk. For this purpose, the payrolls submitted by the employer to the institution or any other documents that allow establishing the amount truly received by the worker shall serve as proof.

If the wages declared in the payrolls are lower than those the worker actually earned, the insuring institution shall pay the worker or their successors the correct sums legally corresponding and shall retain the right of action against the employer for the sums paid in excess, plus the applicable interest.

The worker may raise administratively any disagreement regarding the supply the insuring institution provides of the benefits indicated in this article, and the latter must rule on the matter within a maximum term of fifteen business days, counted from the filing of the worker's written statement. Regarding the calculation and setting of monetary benefits, the worker or their successors may provide or indicate any means of proof that favor them.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

Solely for the purposes of being able to delimit the liability subrogated by the insuring institution, by virtue of the occupational risk insurance, it shall be understood that its validity begins when the provisional or definitive premium set is paid, with coverage extending until the day of expiration of the insurance. However, this validity shall automatically cease in the following cases:

Upon the termination of the insured work, at the moment the respective notice is given to the insuring institution.

Due to the non-payment of any premium or fraction thereof.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

The rate system and the payment modalities for occupational risk insurance shall be established on the technical basis determined by the Instituto Nacional de Seguros. The Institute shall publish, annually, in the Diario Oficial, the insurance norms, average cost of hospital stay, and the structure of benefits in force, as well as the balance sheets and statements of the last fiscal year.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

The corresponding legal sanctions shall be imposed on the employer who omits the regular sending of payrolls to the Instituto Nacional de Seguros.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

The declarations made by the employer, in the application for occupational risk insurance, shall be considered incorporated and shall form an integral part of the corresponding insurance contract.

The employer guarantees the truthfulness of the declarations and shall be liable for the consequences of false declarations.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

Any change or variation in the nature, conditions, or location of the work covered by insurance assumed by the Instituto Nacional de Seguros, which aggravates the risk conditions, must be brought to the attention of the Institute, which may apply the corresponding premium in accordance with the variant produced.

No change, alteration, or transfer of the terms of the insurance recorded in the policy receipt (recibo-póliza) shall be valid without the written consent of the Instituto Nacional de Seguros.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

The occupational risk insurance shall be renewed by the employer, for each new validity period, by paying the corresponding premium. The conditions of the insurance contract may be modified, considering the frequency and severity of the misfortunes that occurred, and any other circumstances prevailing at the time of renewal.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

The insurance covers occupational risks occurring within the national territory, which comprises, in addition to the natural or geographic territory, the territorial sea, the airspace covering them, and the continental shelf. However, the Instituto Nacional de Seguros shall extend coverage outside the country, when dealing with companies or activities that, by their nature, must be carried out, occasionally or permanently, outside the geographic scope of the Republic.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

Without prejudice to other obligations imposed by this Code in relation to occupational risks, the insured employer is also obligated to:

Investigate all details, circumstances, and testimonies referring to the occupational risks that occur to their workers, and forward them to the Instituto Nacional de Seguros, using the forms it provides.

Report to the Instituto Nacional de Seguros any occupational risk that occurs, within the eight business days following its occurrence. The untimely report shall give rise to employer liability before the Institute—which shall be enforceable via summary executive proceeding (vía ejecutiva)—for the aggravations or complications arising as a consequence of the failure of timely care.

Cooperate with the Instituto Nacional de Seguros, at its request, in obtaining all kinds of evidence, details, and particulars that have a direct or indirect relationship with the insurance and the covered risk, for the purpose of facilitating, by all means available, the investigation the insuring Institute deems convenient to carry out.

ch) Send to the Instituto Nacional de Seguros, at most every month, a payroll statement indicating the full names of the workers of the company, days and hours worked, wages paid, and any other data requested.

Adopt the preventive measures indicated by the competent authorities, in accordance with the regulations in force, regarding occupational health (salud ocupacional).

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

(As amended by Article 1 of the Law on Occupational Risks No. 6727 of March 9, 1982.)

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

Medical-surgical, hospital, pharmaceutical, and rehabilitation assistance.

Prostheses and medical devices required to correct functional deficiencies.

Monetary benefits established in this Code as compensation for temporary disability, permanent disability, or death.

ch) Transportation expenses, under the terms and conditions established by the regulation of this Code.

Lodging and meal expenses, when the worker, due to the provision of medical-sanitary or rehabilitation benefits, must move to a place different from their habitual residence or workplace. The daily sum to be given to the worker for these items shall be set by regulation, which shall be reviewed each year.

When the insuring institution has its own centers designated for this purpose, or contracts such services in suitable places, it may substitute this monetary benefit by placing the workers in them. In both cases, the worker must submit to the behavioral requirements their condition demands. If they do not, justifiably, the institution shall have no liability for aggravations that may arise as a direct consequence of the worker's conduct.

Readjustment, relocation, and occupational rehabilitation that is feasible to provide, through national public institutions specialized in this matter, or foreign ones, when so determined by the insuring entity or, in its case, ordered by a court ruling.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

If death occurs in a place other than the worker's habitual residence, a sum shall be recognized for the transportation expenses of the corpse, which shall be set in the regulation of the law. For burial expenses, the sum shall not be less than three thousand colones; for transportation expenses of the corpse, it shall not be less than one thousand colones. Both sums shall be reviewed through regulation, when circumstances so require, within a period no greater than two years.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

To comply with this provision, the employer must preferentially use the services provided at locations arranged by the Institute in its own centers designated for this purpose, except in those cases of qualified emergency, where they may resort to the nearest medical center, a fact that must be made known immediately to the Institute.

Except regarding the emergency first-aid kit, and provided this circumstance is communicated within the following forty-eight hours from the occurrence of the risk, the Institute shall reimburse the employer for the amount of the expenses incurred, as stipulated in this article.

(As amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

Notification must be made within a period not exceeding eight business days, counted from the moment the risk occurs.

If the worker were not insured against occupational hazards (riesgos del trabajo), the Institute shall grant them all the benefits that would have corresponded to them had they been insured. The Institute shall retain the right to take action against the employer for the recovery of the expenses it has incurred due to this eventuality.

(As amended by Article 1 of the Law on Occupational Hazards, No. 6727 of March 9, 1982)

Full name of the employer, domicile, and indication of the person representing them in the direction of the work.

Full first and last names of the worker to whom the hazard occurred, identity card number or work permit, domicile, date of starting work, job held, and average daily and monthly salary for the last three months.

A clear description of the hazard, indicating the place, date, and time it occurred.

ch) First and last names of the persons who witnessed the occurrence of the hazard, as well as their domicile.

First and last names of the closest relatives or dependents of the worker to whom the misfortune occurred.

Any other data considered of interest.

(As amended by Article 1 of the Law on Occupational Hazards, No. 6727 of March 9, 1982)

a. Temporary disability (incapacidad temporal), constituted by the loss of faculties or aptitudes that prevents the worker from performing the work for some time. This disability ends due to any of the following circumstances:

By the declaration of discharge, upon concluding the treatment.

By the expiration of the period indicated in Article 237.

By unjustified abandonment of the medical-sanitary benefits provided to them.

By the death of the worker.

b. Minor permanent disability (incapacidad menor permanente), which is one that causes a decrease in faculties or aptitudes for work, consisting of a loss of general, organic, or functional capacity, ranging from 0.5% to 50% inclusive.

c. Partial permanent disability (incapacidad parcial permanente), which is one that causes a decrease in faculties or aptitudes for work, consisting of a loss of general, organic, or functional capacity, equal to or greater than 50% but less than 67%.

ch. Total permanent disability (incapacidad total permanente), which is one that causes a decrease in faculties or aptitudes for work, consisting of a loss of general, organic, or functional capacity, equal to or greater than 67%.

d. Severe disability (gran invalidez); occurs when the worker has been left with total permanent disability and also requires the assistance of another person to perform the essential acts of life: walking, dressing, and eating.

e. Death.

(As amended by Article 1 of the Law on Occupational Hazards, No. 6727 of March 9, 1982)

The impairment percentages indicated in items 1 through 38, inclusive, of this table refer to total or partial losses, and are established such that the higher percentage corresponds to the more useful limb and the lower to the less useful one. The percentages correspond to the loss or decrease of general capacity, with the indicated exceptions. In the remaining items of the valuation table, the higher and lower percentages are determined based on the severity of the consequences of the hazard that occurred.

UPPER EXTREMITIES Losses:

% 1) For interscapulothoracic disarticulation 70-80 2) For shoulder disarticulation 65-75 3) For amputation of the arm, between the shoulder and the elbow 60-70 4) For elbow disarticulation 60-70 5) For amputation of the forearm between the elbow and the wrist 55-65 6) For total loss of the hand 55-65 7) For total or partial loss of the 5 metacarpals 55-65 8) For loss of the 5 fingers 50-60 9) For loss of 4 fingers of the hand, including the thumb, depending on the mobility of the remaining finger 45-55 10) For loss of 4 fingers of the hand, including the thumb and the corresponding metacarpals, even if the loss of these is not complete 50-60 11) For loss of 4 fingers of the hand, preserving a functional thumb 35-45 12) Preserving an immobile thumb 40-50 13) For loss of the thumb, index, and middle fingers 40-50 14) For loss of the thumb and index finger 35-45 15) For loss of the thumb with the corresponding metacarpal 30-35 16) For loss of the index, middle, and ring fingers, preserving the thumb and little finger 28-35 17) For loss of the index and middle fingers, preserving the thumb, ring, and little finger 17-25 18) For loss of the middle, ring, and little fingers, preserving the thumb and index finger 24-30 19) For loss of the middle and little fingers, preserving the thumb and index and ring fingers.

The loss of part of the distal phalanx of any finger shall only be assimilated to the total loss of the same when it occurs at the level of the root of the nail, and its corresponding amputation of soft and bony parts.

The loss at the level of the intermediate phalanx of any finger shall be assimilated to 75% of the value of the finger when active flexion of the part remains. When active flexion does not remain, it shall be assimilated to 100% of the respective finger.

15-18 20) For loss of the thumb alone 25-30 21) For loss of the distal phalanx of the thumb 1.8,75-22,50 22) For loss of part of the first phalanx of the thumb, preserving active flexion 12,5-15 23) For loss of the index finger with the metacarpal or part thereof 14-17 24) For loss of the index finger alone 12-15 25) For loss of the distal phalanx and partial loss of the second phalanx of the index finger, preserving active flexion 9-11,25 26) For loss of the distal phalanx of the index finger 6-7,5 27) For loss of the middle finger with mutilation or loss of its metacarpal or part thereof 10-12 28) For loss of the middle finger alone 8-10 29) For loss of the distal phalanx and partial loss of the second phalanx of the middle finger, preserving active flexion 6-7,5 30) For loss of the distal phalanx of the middle finger 4-5 31) For loss of the ring finger with mutilation or loss of its metacarpal or part thereof 10-12 32) For loss of the ring finger alone 8-10 33) For loss of the distal phalanx and partial loss of the second phalanx of the ring finger, preserving active flexion 6-7,5 34) For loss of the distal phalanx of the ring finger 4-5 35) For loss of the little finger with mutilation or loss of its metacarpal or part thereof 9-10 36) For loss of the little finger alone 7-8 37) For loss of the distal phalanx and partial loss of the second phalanx of the little finger, preserving active flexion 5,25-6 38) For loss of the distal phalanx of the little finger 3,5-4 Nails 39) Irregular nail growth or partial or total loss thereof, from 1 to 5% of the value of the finger.

Ankylosis Complete loss of joint mobility.

• 40)Scapulohumeral in functional position with mobility of the shoulder blade 26-30 41) Scapulohumeral with fixation and immobility of the shoulder blade in functional position 31-35 42) Of the elbow in functional or favorable position 30-35 43) Of the elbow in non-functional position 45-50 44) Suppression of pronation and supination movements 15-20 45) Of the wrist in functional position 20-30 46) Of the wrist in non-functional flexion or extension 30-40 47) Of all the joints of the fingers of the hand in flexion (claw hand) or extension (extended hand) 50-60 48) Carpometacarpal of the thumb 10-12 49) Metacarpophalangeal of the thumb, functional position 7,5-9 50) Interphalangeal of the thumb, functional position 3,75-4,5 51) Of the two joints of the thumb, functional position 10-12 52) Of the two joints of the thumb and carpometacarpal of the first finger, functional position 20-24 53) Metacarpophalangeal joint of the index finger, functional position 5-6 54) Proximal interphalangeal joint of the index finger, functional position 6-7,5 55) Distal interphalangeal joint of the index finger, functional position 3,6-4,5 56) Of the last two joints of the index finger, functional position 8-10 57) Of the three joints of the index finger, functional position 10-12 58) Metacarpophalangeal joint of the middle or ring finger, functional position 4-5 59) Proximal interphalangeal joint of the middle or ring finger, functional position 4-5 60) Distal interphalangeal joint of the middle or ring finger, functional position 2,4-3 61) Of the last two joints of the middle or ring finger, functional position 6-7,5 62) Of the three joints of the middle or ring finger, functional position 6,4-8 63) Metacarpophalangeal joint of the little finger, functional position 2,1-2,4 64) Proximal interphalangeal joint of the little finger, functional position 3,5-4 65) Distal interphalangeal joint of the little finger, functional position 2,1-2,4 66) Of the last two joints of the little finger, functional position 5,25-6 67) Of the three joints of the little finger, functional position Joint stiffnesses Decrease in movements due to articular, tendinous, or muscular lesions.

5,6-6,4 68) For bursitis of the shoulder 2-5 69) Of the shoulder, mainly affecting anterior flexion and abduction 5-30 70) Of the elbow, with preservation of movement between 20 degrees and ninety degrees 26-30 71) Of the elbow, with preservation of movement between 20 degrees and 110 degrees 10-20 72) With limitation of pronation and supination movements 5-15 73) Of the wrist 10-15 74) Metacarpophalangeal of the thumb 2-4 75) Interphalangeal of the thumb 3-5 76) Of the two joints of the thumb 5-10 77) Metacarpophalangeal of the index finger 2-3 78) Of the first or second interphalangeal joint of the index finger 4-6 79) Of the three joints of the index finger 8-12 80) Of a single joint of the middle finger 2 81) Of the three 5-8 82) Of a single joint of the ring finger joints of the middle finger 2 83) Of the three joints of the ring finger 5-8 84) Of a single joint of the little finger 1-6 85) Of the three joints of the little finger 5-6 Pseudoarthrosis 86) Of the shoulder, consecutive to extensive resections or considerable loss of bone substance 40-50 87) Of the humerus, firm 12-25 88) Of the humerus, lax 30-40 89) Of the elbow, consecutive to extensive resections or considerable losses of bone substance 35-45 90) Of the forearm of a single bone, firm 5-10 91) Of the forearm of a single bone, lax 15-30 92) Of the forearm of both bones, firm 15-30 93) Of the forearm of both bones, lax 30-40 94) Of the wrist, consecutive to extensive resections or considerable losses of bone substance 30-40 95) Of all the bones of the metacarpus 30-40 96) Of a single metacarpal 5-6 97) Of the distal phalanx of the thumb 4-5 98) Of the distal phalanx of the other fingers 1-2 99) Of the first phalanx of the thumb 7,5-9 100) Of the other phalanges of the index finger 4-5 101) Of the other phalanges of the other fingers 1-2 Retractile scars that cannot be resolved surgically For scars to give rise to the recognition of impairments, it is necessary that a true aesthetic prejudice due to disfigurement exists, or that the alteration of the physiology of the limb is proven as a consequence of roughness, keloids, adhesions, retractions that encompass tendons or compromise circulation, when dealing with workers for whom this eventuality signifies a salary decrease or makes it difficult for them to find employment. In this case, the determination of the impairment shall be established according to the severity and characteristics of the scar:

102) Of the axilla, according to the degree of limitation of arm movements 15-40 103) Of the elbow, with limitation of forearm extension up to 45 degrees 10-30 104) Of the elbow in acute flexion of the forearm, of more than 135 degrees 35-40 105) Of the palmar aponeurosis or forearm that affects flexion, extension, pronation, supination, or that produces combined stiffnesses 10-30 Functional disorders of the fingers consecutive to non-articular lesions, but rather to section or loss of the extensor or flexor tendons, adhesions, or scars.

Limitation of movements of each of the fingers, including the thumb.

106) Mild. (Complete flexion with slight limitation of extension), 10-20% of the value of the finger.

107) Moderate. (Moderate partial limitation for flexion and extension) 20-50% of the value of the finger.

108) Severe. (Marked limitation for flexion and extension) 50-75% of the value of the finger.

109) Section of the superficial flexor tendon, not surgically reparable, 25-50% of the value of the finger.

110) Section of the deep flexor tendon only (not surgically reparable) 50-75% of the value of the finger.

111) Section of both flexor tendons, not surgically reparable, 75-90% of the value of the finger.

Permanent flexion of one or several fingers 112) Thumb 10-25 113) Index finger 8-15 114) Middle or ring finger 6-10 115) Little finger 4-8 116) Permanent flexion of all fingers of the hand 50-60 117) Permanent flexion of 4 fingers of the hand excluding the thumb 35-40 Permanent extension of one or several fingers 118) Thumb 15-20 119) Index finger 7-15 120) Middle or ring finger 6-10 121) Little finger 5-8 122) Permanent extension of all fingers of the hand 50-60 123) Permanent extension of 4 fingers of the hand, excluding the thumb 35-40 Sequelae of fractures 124) Of the clavicle, single line, when it produces stiffness of the shoulder 5-15 125) Of the clavicle, double line, with protruding callus and stiffness of the shoulder 5-30 126) Of the humerus, with deformation of the consolidation callus and muscular atrophy 8-20 127) Of the olecranon, with bony or fibrous callus and with moderate limitation of flexion 5-10 128) Of the olecranon, with bony or fibrous callus and moderate disorders of flexion and extension movements 7-12 129) Of the olecranon, with fibrous callus and accentuated mobility disorders and atrophy of the triceps 8-20 130) Of the bones of the forearm, when they produce impediments to hand movements 5-10 131) Of the bones of the forearm, when it produces limitations of pronation or supination movements 5-10 132) With limitation of wrist movements 10-15 133) Of the metacarpus, with deformed or protruding callus, secondary deviation of the hand, and impediment to finger movements 5-20 Complete or incomplete paralyses (pareses) due to peripheral nerve lesions.

In the case of incomplete or partial paralysis (paresis), the percentages shall be reduced proportionally according to the degree of functional impotence.

134) Total paralysis of the upper limb 65-75 135) Upper radicular paralysis 32,5-37,5 136) Lower radicular paralysis 48,75-56,25 137) Paralysis of the subscapular nerve 6,5-7,5 138) Paralysis of the circumflex nerve 10-20 139) Paralysis of the musculocutaneous nerve 15-30 140) Paralysis of the median nerve injured at the level of the arm 30-40 141) Paralysis of the median nerve injured at the level of the wrist 15-20 142) High paralysis of the median nerve with causalgia 30-75-21 143) Paralysis of the ulnar nerve injured at the level of the elbow 18 144) Paralysis of the ulnar nerve injured at the level of the wrist 15-18 145) Paralysis of the radial nerve injured above the branch of the triceps 30-42 146) Paralysis of the radial nerve injured distal to the branch of the triceps 20-35 Muscles 147) Hypotrophy of the shoulder, without ankylosis or joint stiffness 5-15 148) Hypotrophy of the arm or forearm, without ankylosis or joint stiffness 5-10 149) Hypotrophy of the hand, without ankylosis or joint stiffness 3-8 Vessels 150) The sequelae and arterial and venous lesions shall be valued according to the magnitude of the organic alterations and the functional disorders they produce (amputations, joint stiffnesses, peripheral nerve lesions, atrophy of muscle masses, etc.).

Lower extremities 151) For hip disarticulation 75 152) For amputation at the thigh level 60 153) For knee disarticulation 57,5 154) For the extirpation of the patella, with abnormal mobility of the knee and hypotrophy of the triceps 10-20 155) For amputation of the leg, between the knee and the ankle 55 156) For total amputation of the foot 50 157) For mutilation of the foot with preservation of the heel 35 158) For partial or total loss of the calcaneus 10-25 159) For midtarsal disarticulation 35 160) For tarsometatarsal disarticulation 25 161) For loss of the five toes 20 162) For loss of the first toe with loss or mutilation of its metatarsals 20 163) For loss of the first toe 10 164) For loss of the distal phalanx of the first toe 5 165) For loss of the second or third toe 3 166) For loss of the fourth or fifth toe 2 167) For loss of the last two phalanges of the 2nd or 3rd toe 2,25 168) For loss of the last two phalanges of the 4th or 5th toe 1,50 169) For loss of the distal phalanx of the 2nd or 3rd toe 1,50 170) For loss of the distal phalanx of the 4th or 5th toe 1 171) For loss of the fifth toe with mutilation or loss of its metatarsal 20 Ankylosis 172) Complete of the coxofemoral joint, functional position 35 173) Of the coxofemoral joint in poor position (Flexion, adduction, abduction, rotation) 45-55 174) Of both coxofemoral joints 80-100 175) Of the knee in functional position 30 176) Of the knee in non-functional flexion position 40-50 177) Of the knee in genu valgum or genu varum 40-50 178) Of the ankle at a right angle 10-15 179) Of the ankle in a vicious attitude 30-40 180) Of the first toe in functional position 5 181) Of the first toe in vicious position 5-10 182) Of the other toes in functional position 1-1,5 183) Of the other toes in vicious position 1-3 Joint stiffnesses Decrease in movements due to tendinous or muscular articular lesions.

184) Of the hip, with favorable mobility angle 10-15 185) Of the hip, with unfavorable mobility angle 20-25 186) Of the knee, that allows complete extension, according to the flexion angle 3-20 187) Of the knee that does not allow complete or almost complete extension, according to the flexion angle 10-25 188) Of the ankle with favorable mobility angle 5-10 189) Of the ankle with unfavorable mobility angle 10-20 190) Of any toe 1-3 Pseudoarthrosis 191) Of the hip, consecutive to extensive resections with considerable loss of bone substance 30-50 192) Of the femur 30-50 193) Of the knee with loose leg (consecutive to knee resections) 30-50 194) Of the patella with fibrous callus, slightly limited flexion 8-12 195) Of the patella with fibrous callus, weak active extension or slightly limited flexion 10-15 196) Of the patella with fibrous callus, almost null active extension and amyotrophy of the thigh 10-20 197) Of the tibia and fibula 30-50 198) Of the tibia alone 20-40 199) Of the fibula alone 2-3 200) Of the first or last metatarsal 5-10 Retractile scars that cannot be resolved surgically For scars to give rise to the recognition of impairment, it is necessary that a true aesthetic prejudice due to disfigurement exists, or that the alteration of the physiology of the limb is proven as a consequence of roughness, keloids, adhesions, retractions that encompass tendons or compromise circulation, or when dealing with workers for whom this eventuality signifies a salary decrease or makes it difficult for them to find employment.

In this case, the determination of the impairment shall be established according to the severity and characteristics of the scar.

201) Of the popliteal fossa that limits knee extension from 60° to 10° 12-18 202) Of the popliteal fossa that limits knee extension from 90° to 60°...

20-40 203) Of the popliteal fossa, that limits knee extension to less than 90° 40-50 204) Of the sole of the foot with retraction and distal internal or external deviation of the foot 15-30 Sequelae of fractures 205) Double vertical of the pelvis with persistent pain and moderate difficulty for walking and efforts 15-20 206) Double vertical of the pelvis with shortening or deviation of the lower limb 20-30 207) Of the cotyloid cavity with sinking 15-40 208) Of the horizontal ramus of the pubis with slight persistent pain and moderate difficulty for walking or efforts 8- 12 209) Of the ischiopubic ramus with moderate difficulty for walking or efforts 8-12 210) Of the horizontal ramus and the ischiopubic ramus, with persistent pain, vesical disorders, and accentuated difficulty for walking and efforts 40-60 211) Of the femoral neck and trochanteric region, with moderate impotence due to claudication and pain 20-30 212) Of the femoral neck and trochanteric region, with accentuated functional impotence, great shortening, joint stiffnesses, and angular deviations 50-75 213) Of the femoral diaphysis, with shortening of 1 to 5 centimeters, without articular lesions or muscular atrophy 3-12 214) Of the femoral diaphysis, with shortening of 3 to 6 centimeters, muscular atrophy without joint stiffness 6-20 215) Of the femoral diaphysis, with shortening of 3 to 6 centimeters, muscular atrophy and joint stiffnesses 12-30 216) Of the femoral diaphysis, with shortening of 6 to 12 centimeters, muscular atrophy and joint stiffnesses 12-40 217) Of the femoral diaphysis, with shortening of 6 to 12 centimeters, external angular deviation, advanced muscular atrophy, and knee flexion not exceeding 45° 40-60 218) Of the femoral condyles and tibial tuberosities, with joint stiffnesses, deviations, increased knee volume, claudication 20-40 219) Of the patella with bony callus, complete extension, and slightly limited flexion 4-8 220) Of the tibia and fibula with shortening of 2 to 4 centimeters, large and protruding callus, and muscular atrophy 11-20 221) Of the tibia and fibula with shortening of more than 4 centimeters, angular consolidation, deviation of the leg outward or inward, secondary deviation of the foot, walking possible 30-45 222) Of the tibia and fibula with considerable shortening or angular consolidation, walking impossible 40-55 223) Of the tibia with pain, muscular atrophy, and joint stiffness..

5,5-15 224) Of the fibula with pain and slight muscular atrophy 2-5 225) Malleolar with subluxation of the foot inward 20-30 226) Malleolar with subluxation of the foot outward 20-30 227) Of the tarsus, with painful post-traumatic flat foot 15-20 228) Of the tarsus, with deviation of the foot inward or outward 15-20 229) Of the tarsus, with considerable deformation, immobility of the toes, and atrophy of the leg 25-40 230) Of the metatarsus with pain, deviations, or functional impotence 8-12 Knee 231) Internal or external meniscectomy, without complications 2-5 232) Double meniscectomy, cruciate ligaments intact 5-10 233) Rupture of cruciate ligaments, repaired with moderate laxity 10-30 234) Without repair, marked laxity 20-30 Complete or incomplete paralyses (pareses) due to peripheral nerve lesions In the case of incomplete or partial paralysis (paresis), the percentages shall be reduced proportionally according to the degree of functional impotence.

235) Total paralysis of the lower limb 75 236) Complete paralysis of the major sciatic nerve 35 237) Paralysis of the common peroneal nerve 20-30 238) Paralysis of the tibial nerve 20-25 239) Combined paralysis of the tibial nerve and the common peroneal nerve 30-35 240) Paralysis of the femoral nerve 20-30 241) With causalgic reaction of the aforementioned nerves, increase of 10-20 Dislocations that cannot be resolved surgically 242) Of the pubis, irreducible or unreduced or external relaxation of the symphysis 20-30 Muscles 243) Partial atrophy of the thigh, without ankylosis or joint stiffness 5-20 244) Atrophy of the rectus anterior of the thigh, without ankylosis or joint stiffness 5-10 245) Atrophy of the leg, without ankylosis or joint stiffness 5-10 246) Atrophy of the tibialis anterior of the leg, without ankylosis or joint stiffness 5-10 247) Total atrophy of the lower limb 20-40 Tendons 248) Section of extensor tendons of the toes, except the first 2-5 249) Section of extensor tendons of the first toe 3-6 Vessels 250) The sequelae of arterial or venous lesions shall be valued according to the magnitude of the organic alterations and the functional disorders they provoke (amputations, joint stiffnesses, peripheral nerve lesions, atrophy of muscle masses, etc.).

251) Duly proven phlebitis 5-20 252) Recurrent varicose ulcer, according to its extent 5-20 Shortenings Lower limb.

253) From 1 to 2 centimeters, 5% of the value of the limb.

254) From 2 to 3 centimeters, 10% of the value of the limb.

255) From 3 to 4 centimeters, 15% of the value of the limb.

256) From 4 to 5 centimeters, 20% of the value of the limb.

Cervical spine 257) Sprain and contusion:

Subjective symptoms of pain not confirmed by pathological structural alterations 0 Painful, persistent muscular contracture, stiffness and pain confirmed by loss of lordosis on radiographs, even if no moderate structural pathology exists, referred cervicobrachialgia 5-10 Same as b), with gross degenerative changes consisting of narrowing of the intervertebral disc or arthritic thinning of the vertebral edges 5-15 258) Fracture:

Sinking of 25% of one or two adjacent vertebral bodies without fragmentation, without compromise of the posterior arch, without compromise of the medullary roots, moderate neck stiffness and persistent pain 5-10 Moderate partial displacement of the posterior arch evident on the radiograph:

b.1) Without compromise of the nerve roots, consolidated 5-15 b.2) With persistent pain, with slight motor and sensory manifestations 10-20 b.3) With consolidated function, without permanent sensory or motor alterations 5-20 c) Severe luxation, between good and fair reduction by surgical fusion.

c.1) Without sensory or motor sequelae 15-25 c.2) Poor reduction by fusion, persistent radicular pain, with motor compromise, barely slight weakness and impediment 20-35 c.3) Same as c.2) with partial paralysis: The impairment is determined based on the additional loss of function of the extremities.

Cervical intervertebral disc 259) Excision of a disc with success, disappearance of acute pain, without need for fusion, without neurological sequelae 5-10 260) Same as the previous but with neurological manifestations, persistent pain, impediment, weakness or numbness of the fingers 10-20 Thorax and dorsolumbar spine 261) Severe costovertebral contusion or compression directly related to trauma, with persistent pain, with degenerative changes, with thinning of edges, without evidence of structural lesion on the radiograph 5-10 262) Fracture:

Sinking of 25% in one or two vertebral bodies, slight, without fragmentation, consolidated, without neurological manifestations 5-10 Sinking of 50% with compromise of the elements of the posterior arch, consolidated without neurological manifestations, persistent pain, with indication for fusion 10-20 Same as b), with fusion, pain only when excessively using the vertebral column 10-20 ch) Complete paraplegia 100 d) Paresis (partial paralysis) with or without fusion, due to lesion of the posterior arches, must be valued according to the loss of use of the lower extremities or the sphincters.

Low lumbar spine 263) Contusion or sprain:

Absence of involuntary painful contracture, subjective symptoms of pain not confirmed by pathological structural alterations 0 Persistent muscular contracture, stiffness and pain, with mild changes due to pre-existing degenerative factors 5-10 Same as b), with larger osteophytes 5-15 ch) Same as b), with spondylolysis or grade I or II spondylolisthesis, demonstrable on radiographs, without additional surgery, combination of trauma and pre-existing anomalies 10-20 Same as ch), with grade III or IV spondylolisthesis, persistent pain, without fusion, aggravated by trauma 15-30 Same as b), or c), with laminectomy and fusion, moderate pain 10-20 264) Fracture:

Sinking of 25% of one or two adjacent vertebral bodies, without neurological lesions Sinking and fragmentation of the posterior arch, persistent pain, weakness and stiffness, consolidation without fusion (consolidación sin fusión), inability to perform moderate efforts c) Same as b), consolidation with fusion (consolidación con fusión), mild pain ch) Same as b), with radicular compromise in the lower limbs:

The impairment is determined based on the additional loss of function of the extremities.

Same as c), with fragmentation of the posterior arch, with persistent pain after fusion (fusión), without neurological signology Same as c), with radicular compromise in the lower limbs: The impairment is determined based on the additional loss of function of the extremities.

• f)Paraplegia, hemiplegia, quadriplegia Paresis (partial paralysis) due to lesion of the posterior arch, with or without fusion (fusión). The impairment is determined based on the additional loss of function of the extremities and sphincters.

5-10 20-40 10-20 15-30 100 265) Neurogenic low back pain (Lumbalgia neurogénica), from disc lesions:

Periodic acute episodes with intense pain, positive sciatic pain tests, temporary recovery between five and eight weeks Surgical excision of disc, without fusion (fusión), good results, without persistent sciatic pain and stiffness Surgical excision of disc, without fusion (fusión), persistent moderate pain, aggravated by lifting heavy objects, with modification of necessary activities ch) Surgical excision of one disc with fusion (fusión), lifting of objects, moderately modified d) Surgical excision of one disc with fusion (fusión), persistent pain and stiffness, aggravated by lifting heavy objects, requiring modification of all activities that require lifting heavy objects 2-5 5-10 10-20 5-15 10-20 Head Skull:

266) Discrete late post-concussional cranial-encephalic syndrome 5-15 267) Moderate late post-concussional cranial-encephalic syndrome 10-20 268) Pronounced late post-concussional cranial-encephalic syndrome 20-40 269) Scalp or considerable loss of the hairy scalp 10-30 270) Bone loss of the skull up to five centimeters in diameter 5-10 271) More extensive bone loss 10-20 272) Traumatic epilepsy, not curable surgically, when the crisis can be medically controlled and allows work 20-40 273) For traumatic epilepsy not curable surgically, when the crisis can be medically controlled and does not allow the performance of any work 100 274) Jacksonian epilepsy 10-20 275) Loss of smell (anosmia or hyposmia) 2-5 276) Loss of taste (ageusia) 5 277) For trigeminal nerve lesion 10-20 278) For facial nerve lesion 10-30 279) For vagus nerve (neumogástrico) lesion (according to the degree of proven functional disorders) 5-40 280) For spinal accessory nerve lesion 5-30 281) For hypoglossal nerve lesion, when unilateral 15 282) For hypoglossal nerve lesion, when bilateral 50 283) Upper monoplegia 65-75 284) Upper monoparesis 15-40 285) Lower monoplegia, spastic gait 25-40 286) Lower monoparesis, gait possible 10-25 287) Paraplegia 100 288) Paraparesis, gait possible 40-60 289) Hemiplegia 70-100 290) Hemiparesis 20-50 291) Discrete aphasia 15-25 292) Pronounced aphasia, isolated 30-70 293) Aphasia with hemiplegia 100 294) Agraphia 15-30 295) Chronic dementia 100 296) Post-trauma mental alienation 100 Ears 297) Complete mutilation or amputation of one ear 15 298) Excessive deformation of the unilateral auricular pavilion 5-10 299) Bilateral 10-15 300) Traumatic labyrinthine vertigo duly proven 10-50 301) Cophosis or absolute bilateral deafness 50 302) Deafness or hypoacusis (hipoacusía) Shall be assessed following the norms of the following table:

Eyes 303) Total loss of one eye 35 304) Total blindness in both eyes, conserving the ocular globes, or with the loss thereof Permanent loss or diminution (when it can no longer be improved with glasses) of visual acuity (agudeza visual), in workers whose activity is of medium or low visual demand (remaining vision with optical correction), according to the following Table No. 1.

Table No. 1

* Enucleation with prosthesis.

** Enucleation, prosthesis impossible In cases of loss or diminution of visual acuity (agudeza visual) in one eye only, the other being healthy, below the first horizontal line in which the various compensable degrees of loss or diminution are indicated, the percentages of incapacity corresponding to each degree are inserted (second horizontal line).

In cases of loss or diminution of visual acuity (agudeza visual) in one eye only, the other being diseased due to a condition unrelated to work, if the remaining vision in one or both eyes is greater than 0.2, the percentage of compensable incapacity must be calculated according to the first horizontal or vertical line of Table No. 1 as specified in the preceding paragraph. If the visual acuity (agudeza visual) of both is 0.2 or less, the percentage of compensable incapacity appears at the intersection of the horizontal column with the vertical column, reading in one of these columns the visual acuity (agudeza visual) of the right eye and in the other the visual acuity (agudeza visual) of the left eye, as specified in the following paragraph.

In cases of bilateral loss or diminution of visual acuity (agudeza visual), as a consequence of occupational hazard in both eyes, the percentage of compensable incapacity appears at the intersection of the vertical column and the corresponding horizontal line.

100 305) Permanent loss or diminution (when it can no longer be improved with glasses) of visual acuity (agudeza visual), in workers whose activity is of high visual demand (remaining vision with optical correction), according to Table No. 2.

Table No. 2

* Enucleation with prosthesis.

** Enucleation, prosthesis impossible In cases of loss or diminution of visual acuity (agudeza visual) in one eye only, the other being healthy, below the first horizontal line, in which the two various compensable degrees of loss or diminution are indicated, the percentages of incapacity corresponding to each degree are inserted (second horizontal line). In cases of loss or diminution of visual acuity (agudeza visual) in one eye only, the other being diseased due to a condition unrelated to work, if the remaining vision in one or both eyes is greater than 0.2, the percentage of compensable incapacity must be calculated according to the first horizontal or vertical line of Table No. 2 as specified in the preceding paragraph.

If the visual acuity (agudeza visual) of both is 0.2 or less, the percentage of compensable incapacity appears at the intersection of the horizontal column with the vertical column, reading in one of these columns the visual acuity (agudeza visual) of the right eye and in the other the visual acuity (agudeza visual) of the left eye, as specified in the following paragraph. In cases of bilateral loss or diminution of visual acuity (agudeza visual), as a consequence of occupational hazard in both eyes, the percentage of compensable incapacity appears at the intersection of the vertical column and the corresponding horizontal line.

306) Permanent loss or diminution of visual acuity (agudeza visual) in monocular subjects (blindness or vision less than 0.05 in the contralateral eye) (remaining vision with optical correction). According to the following Table No. 3 Table No. 3

307) Extraction or atrophy of an ocular globe with ostensible deformation that allows the use of a prosthesis 35 308) With scarring lesions or anatomical modifications that prevent the use of a prosthesis 40 309) Upon acceptance into the workers' service, for subsequent claims for loss of visual acuity (agudeza visual), the acuity that the unit has shall be considered even if they had 0.8 (eight tenths in each eye).

310) Central scotomas are evaluated according to the determination of visual acuity (agudeza visual), applying the preceding tables.

311) Narrowing of the visual field (*), conserving a field of 30° from the fixation point in one eye only For the evaluation of the visual field, the extent of the visual field must be evaluated on a perimeter using a 3 mm diameter white target at a distance of 330 mm under adequate illumination.

In uncorrected aphakia (afaquía) the target must be white and 6 mm in diameter.

The target must be brought from the blind part of the visual field to the seeing part.

At least two evaluations of the visual field must be made, and these must coincide with differences no greater than 15° in each of the eight points of the principal meridians separated by 45° from each other.

The variation in the percentage of incapacity must be according to the visual demands of each worker's occupation.

10 312) In both eyes 15-30 313) Narrowing of the visual field conserving a field of less than 30° in one eye only 15-35 314) In both eyes 40-90 Vertical hemianopsias 315) Homonymous, right or left 20-35 316) Heteronymous binasal 10-15 317) Heteronymous bitemporal 40-60 Horizontal hemianopsias 318) Superior 10-25 319) Inferior 30-50 320) In superior quadrant 10 321) In inferior quadrant 20-25 Hemianopsia in monocular subjects (vision preserved in one eye and abolished or less than 0.05 in the contralateral eye), with central vision.

322) Nasal 60-70 323) Inferior 70-80 324) Temporal In cases of hemianopsia with loss of uni- or bilateral central vision, it shall be added to the corresponding assessment percentage.

80-90 Ocular motility disorders 325) Strabismus due to muscular lesion or corresponding nervous alteration without diplopia, in patients who previously lacked fusion 5-10 326) Diplopia susceptible to correction with prisms or compensatory head position 5-20 327) Diplopia in the lower part of the field 10-25 328) Diplopia not susceptible to correction with prisms or compensatory head position, accompanied by palpebral ptosis with or without internal ophthalmoplegia, warranting occlusion of one eye 20 329) Diplopia not susceptible to correction with prisms or by compensatory head position, due to bilateral nervous lesion that limits the movements of both eyes and reduces the visual field due to deviation, causing deviation of the head to fixate, in addition to occlusion of one eye 40-50 Other lesions 330) Unilateral aphakia (Afaquía) correctable with contact lens:

Add 10% incapacity to the percentage corresponding to the diminution of visual acuity (agudeza visual), without the sum exceeding 35 331) Bilateral aphakia (Afaquía) correctable with glasses or contact lenses:

Add 25% incapacity to the percentage corresponding to the diminution of visual acuity (agudeza visual), without the sum exceeding 100%.

332) Inoperable uni- or bilateral traumatic cataract, shall be compensated according to the diminution of visual acuity (agudeza visual).

333) Total unilateral internal ophthalmoplegia 10-15 334) Bilateral 15-30 335) Mydriasis, iridodialysis, sector iridectomy or scars, when they cause functional disorders, in one eye 5 336) In both eyes 10 337) Unilateral partial palpebral ptosis, pupil uncovered 5 338) Unilateral palpebral ptosis or blepharospasm, not resolved surgically, when they cover the pupillary area, shall be compensated according to the diminution of visual acuity (agudeza visual).

339) Bilateral palpebral ptosis 10-70 These incapacities are based on the degree of vision in primary position (straight-ahead horizontal gaze).

340) Deviation of the palpebral edges (entropion, trichiasis, deforming scars, symblepharon, unilateral ankyloblepharon) 5-15 341) Bilateral 10-25 Alteration of the lacrimal pathways or epiphora 342) Epiphora (tearing) due to unilateral cicatricial or paralytic ectropion 5-10 343) Bilateral 10-15 344) Epiphora 5-15 345) Lacrimal fistulas 10-15 Face, nose, mouth and annexed organs Scars of the face that cause facial disfigurement and alter personal physical presentation, are assessed according to the disfigurement and the characteristics of the lesions such as: mild, moderate or severe 1-50 346) Loss of smell (anosmia and hyposmia) 2-5 347) Partial mutilation of the nose, without stenosis, not correctable plastically 10-20 348) Total loss of the nose without stenosis, not repairable plastically 30 349) When it has been plastically repaired 5-50 350) When the nose is reduced to a cicatricial stump with stenosis 30-40 351) Extensive mutilations, when they include both upper maxillae and the nose, according to the loss of soft tissue substance 20-50 352) Extensive mutilations when they include both upper maxillae, malar bones, the nose, according to the loss of substance 30-50 353) Extensive mutilations when they include the upper maxillae, without compromise of other tissues or organs, with conservation of the mandible 10-30 354) Mutilations of the horizontal processes of the upper maxilla, with penetration into nasal fossae or maxillary antra to be reconstructed with prosthesis 15-30 355) Unilateral loss of the upper maxilla in dentate patients 15-30 356) Unilateral loss of the upper maxilla on the corresponding side, in edentulous patients 10-20 357) Total loss of the mandibular bone, with conservation of the upper maxillae 30-50 358) Total loss of the upper and lower alveolar processes involving the alveolo-dental processes with possibility of prosthesis 10-20 359) Total loss of the upper and lower alveolar processes without the alveolo-dental complex, whether in totally or partially edentulous patients without possibility of prosthetic rehabilitation 30-40 360) Mutilations that include one upper maxilla and the lower maxilla 30-35 361) Mutilation of the horizontal ramus of the lower maxilla without possible prosthesis, or of the maxilla in its entirety 20-35 362) Pseudoarthrosis of the upper maxilla with impossible mastication 20-40 363) Pseudoarthrosis of the upper maxilla with possible but limited mastication 10-30 364) Pseudoarthrosis of the upper maxilla with proven improvement of mastication with dental fixation prosthesis 5-20 365) Loss of substance in the palatine vault not resolved surgically, according to site and extent 10-25 366) Loss of the palatine vault resolved surgically for prosthetic purposes, with proven phonetic and masticatory functional improvement 5-20 367) Pseudoarthrosis of the lower maxilla but with possible mastication, impossible to resolve the pseudoarthrosis by surgical means 15-30 368) Mandibular pseudoarthrosis, whether of the ascending or horizontal ramus, with functional capacity of the mandible with impediment to the use of the prosthesis 20-40 369) Pseudoarthrosis of the lower maxilla, with or without loss of substance, not resolved surgically, with insufficient or abolished mastication 20-40 370) Defective consolidations of the maxillae, that hinder the articulation of the dental arches and limit mastication 10-25 371) When the difficulty of dental occlusion is partial 5-10 372) Loss of all teeth, prosthesis tolerated.

20 373) Loss of one or several teeth with prosthesis:

Tolerated % Not Tolerated % General Cap. General Cap.

of one incisor 0.2 0.3 of the canine 0.4 0.6 of the first premolar 0.6 0.9 of the second premolar 0.9 1.35 of the first molar 1.3 1.95 of the second molar 1.3 1.95 of the third molar 0.1 0.15 374) Total loss of teeth, prosthesis not tolerated 30 375) Complete loss of one dental arch, prosthesis not tolerated 15 376) Complete loss of one dental arch, prosthesis tolerated .

10 377) Loss of half of a dental arch, prosthesis not tolerated 8 378) Loss of half of a dental arch, prosthesis tolerated 5 379) Total loss of the masticatory apparatus, both upper maxilla and mandibular, without possibility of reconstruction 20-40 380) Cicatricial bridles that limit mouth opening, preventing oral hygiene, pronunciation, and mastication, with or without sialorrhea 10-25 381) Irreducible luxation of the temporomaxillary joint, according to the degree of functional impediment 20-40 382) More or less extensive amputation of the tongue, with adhesions and according to the impediment of speech and swallowing 10-30 383) Cutaneous salivary fistula, not resolved surgically 2-10 384) Loss of centric relation due to dental luxation or other traumatic etiologies 10-30 385) Non-functional centric occlusion due to etiological factors of immediate traumatic nature 10-30 386) Ankylosis of the temporomandibular joint due to traumatic etiology affecting mandibular growth centers (children) 15-40 387) Ankylosis of the temporomandibular joint due to fracture of the mandibular condyles. It shall be assessed in terms of the degree of total oral aperture with the degree of impossibility of its opening in relation to condylar displacement.

15-40 388) Trismus of the temporomandibular joint according to which muscle(s) of mastication are affected 5-20 389) Diminution of mandibular movements, whether of skeletal, articular or muscular type 5-20 390) Facial disfigurement due to total or partial loss of substance of one of the lips 15-30 391) Facial asymmetry of a cosmetic nature due to traumatic paralysis of the facial nerve 15-30 392) Maxillo-mandibular paresthesias due to peripheral lesion of the terminal dental branches of the trigeminal nerve 10-30 393) Loss of pulpal vitality of demonstrable traumatic origin of the upper incisors 5-10 394) Loss of pulpal vitality of demonstrable traumatic origin of the lower incisors 5-10 395) Loss of pulpal vitality of demonstrable traumatic origin of any other tooth not included in the preceding articles 2-10 396) Coronary fractures with conservation of the root portion of the tooth for fixed-type prosthesis with vital conservation 5-10 397) Coronary fracture with conservation of the root portion of the tooth, for fixed-type prosthesis, but with loss of vitality, susceptible to endodontic treatments 5-10 Neck 398) Deviation (torticollis) due to muscular retraction or ample scar 10-25 399) Cicatricial anterior flexion, with the chin in contact with the sternum 20-50 400) Cicatricial narrowings of the larynx that produce dysphonia 5-15 401) That produce aphonia without dyspnea 10-30 402) When they produce dyspnea upon great efforts 5-10 403) When they produce dyspnea upon medium or small efforts 10-50 404) When they produce dyspnea at rest 50-80 405) When dyspnea requires the permanent use of a tracheal cannula 70-90 406) When due to dysphonia (or aphonia) and dyspnea 20-70 407) Cicatricial narrowing of the pharynx with swallowing disturbance 20-40 Thorax and its contents 408) Discrete sequelae of isolated fracture of the sternum 3-5 409) With sinking or deviation without deep complications 10-20 410) Sequelae of fracture of one to three ribs, with permanent pain upon effort 3-10 411) Of costal fractures with deformed, painful callus and difficulty upon thoracic or abdominal effort 5-15 412) With sinking and more pronounced functional disorders 10-30 413) Pleural adhesions (adherencias) and cicatricial retractions consecutive to traumatism 10-30 414) Post-traumatic sequelae with broncho-pulmonary lesions according to the degree of organic lesion and residual functional disorders 5-80 415) Pneumoconiotic fibrosis (radiologically with generalized linear or reticular opacities, or punctiform opacities, grades 1 or 2, or miliary opacities grade 1, habitually), with cardiorespiratory function sensibly normal 5-10 416) Pneumoconiotic fibrosis (radiologically with punctiform opacities grades 2 or 3, or miliary opacities grades 1 or 2, or nodular opacities grade 1, habitually), with light, partial or complete cardiorespiratory insufficiency 5-20 417) Pneumoconiotic fibrosis (radiologically with punctiform opacities grade 3, or miliary opacities grades 2 or 3, or nodular opacities grades 1, 2 or 3, or confluent opacities grades A or B, habitually), with medium cardiorespiratory insufficiency 30-50 418) Pneumoconiotic fibrosis (radiologically with miliary opacities grade 3, and nodular opacities grade 2 or 3, or confluent opacities grades B or C, habitually) with pronounced or severe cardiorespiratory insufficiency 60-100 419) Pneumoconiotic fibrosis infected with tuberculosis, clinically and bacteriologically cured; add 20% to the amount of the incapacities set forth in the preceding relative fractions, without exceeding 100%.

420) Pneumoconiotic fibrosis infected with tuberculosis, not cured clinically nor open bacteriologically 100 421) Non-fibrotic pneumoconioses and pulmonary emphysema shall be assessed according to the degree of cardiorespiratory insufficiency, in accordance with the percentages indicated in the preceding relative fractions.

422) Post-traumatic diaphragmatic hernia not resolved surgically 10-30 423) Narrowing of the esophagus not resolved surgically 10-60 424) Post-traumatic pericardial adhesions (adherencias) without cardiac insufficiency 5-20 425) With cardiac insufficiency, according to its severity 20-100 Abdomen Only hernias that give the right to compensation shall be considered:

Those that appear abruptly as a result of a violent traumatism suffered at work, causing ruptures or tears of the abdominal wall or diaphragm and accompanied by an acute and well-manifest abdominal syndrome.

Those that overcome predisposed workers as a consequence of a traumatism or effort, provided that it is violent, unforeseen and abnormal in relation to the work that the victim habitually performs.

426) Inguinal, crural or epigastric hernia inoperable 15-20 427) The same, reproduced after surgical treatment 10-20 428) Vicious scars of the abdominal wall that produce some incapacity 5-20 429) Scars with inoperable eventration or not resolved surgically 10-40 430) Fistulas of the digestive tube or its annexes, inoperable or that produce some incapacity 10-40 431) Other lesions of the organs contained in the abdomen, that produce as a consequence some proven incapacity 5-70 432) Post-trauma splenectomy 10 433) Simple laparotomy 5 Genito-urinary apparatus 434) Loss or atrophy of one testicle 10 435) Of both testicles, taking into consideration age 40-100 436) Total or partial loss of the penis 30-100 437) With narrowing of the perineal or hypogastric urethral orifice 50-100 438) For the loss of one breast 10-25 439) Of both breasts 20-40 440) Organic or functional loss of one kidney, the contralateral being normal, taking into account the state of the parietal scar and age 0-40 441) With functional disturbance of the contralateral kidney, taking into account the state of the parietal scar and age 40-90 442) Permanent urinary incontinence 20-40 443) Negotiable narrowing of the anterior urethra, not resolved surgically 20-40 444) Negotiable narrowing due to incomplete lesion of the posterior urethra, not resolved surgically 30-60 445) Impassable post-traumatic narrowing of the urethra not resolved surgically, obliging urination through a perineal or hypogastric meatus 40-80 Diverse Classifications 446) For mental alienation that is the result of some accident or occupational hazard 100 447) For lesions produced by the action of radiant energy, they shall be compensated according to the special modalities of the incapacity 10-100 448) Scars produced by extensive burns of the integuments shall be compensated taking into account the extent and depth of the scar zones, independently of the functional disturbances they cause in the adjacent segments.

449) Lesions that provoke severe mutilation or notable disfigurement to the worker, according to the degree of mutilation or disfigurement The Executive Branch may, by way of decree, having previously heard the opinion of the Board of Directors of the Instituto Nacional de Seguros, modify or expand the table of physical impairments, only in such a way that it improves the percentages that correspond to loss of general capacity, for the benefit of the workers.

For the purposes of this law, the following table of occupational diseases is adopted:

10-100 Pneumoconioses and broncho-pulmonary diseases produced by aspiration of dusts and fumes of animal, vegetable or mineral origin Affections caused by the inhalation of wool dusts.

Affections caused by inhalation of dusts of feather, horn, bone, horsehair, hair and silk.

Affections caused by inhalation of wood dusts.

Tabacosis: affections caused by inhalation of tobacco dusts.

Bagassosis: affections caused by inhalation of bagasse dusts, as in the sugar industry.

Suberosis: affections caused by inhalation of cork dusts.

Affections caused by inhalation of dusts of cereals, flours, hay, straw, jute, ixtle and henequen.

Byssinosis in: affections caused by cotton threads and fabrics.

Cannabiosis: affections produced by inhalation of hemp dusts.

Linosis: affections produced by inhalation of flax dust.

Printers' asthma caused by gum arabic.

Anthracosis: caused by coal dust affections.

Siderosis: caused by iron dust affections.

Calcicosis: caused by calcium salt affections.

Baritosis: affections produced by barium dust.

Stannosis: affections produced by tin dust.

Silicatosis: affections produced by silicates.

Affections caused by inhalation of synthetic abrasives, emery, carborundum and aloxite used in the preparation of grinding wheels, abrasive papers and polishers.

Silicosis.

Asbestosis or amianthosis.

Berylliosis or gluciniosis: conditions caused by inhalation of beryllium or glucinium dusts.

Conditions caused by inhalation of cadmium dust.

Conditions caused by inhalation of vanadium dusts.

Conditions caused by inhalation of uranium dusts.

Conditions caused by inhalation of manganese dusts (manganese pneumonia).

Conditions caused by inhalation of cobalt dusts.

Talcosis or steatosis.

Aluminosis or "aluminum lung." Conditions caused by inhalation of mica dusts.

Conditions caused by inhalation of diatomaceous earth (infusorial earth, diatomite, tripoli, kieselgur).

Respiratory tract diseases produced by inhalation of gases and vapors Conditions caused by inorganic or organic chemical substances that cause a simple asphyxiating or irritant action on the upper respiratory tract, or an irritant action on the lungs.

Asphyxia produced by azote or nitrogen.

By carbonic anhydride or carbon dioxide.

By methane, ethane, propane and butane.

By acetylene.

Irritant action on the upper respiratory tract, produced by ammonia.

By sulfurous anhydride.

By formaldehyde or formol.

By aldehydes, acridine, acrolein, furfural, methyl acetate, methyl formate, selenium compounds, styrene, and sulfur chloride.

Irritant action on the lungs, produced by chlorine.

By phosgene or carbonyl chloride.

By nitrogen oxides or nitrous vapors.

By sulfuric anhydride.

By ozone.

By bromine.

By fluorine and its compounds.

By methyl sulfate.

Bronchial asthma produced by alkaloids and diethyl ether, dichlorate, polyisocyanates, and toluene di-isocyanate.

Dermatosis Skin diseases caused by mechanical, physical, inorganic or organic chemical agents that act as primary irritants or sensitizers, or that cause chemical burns, generally presenting in erythematous, edematous, vesicular, eczematous, or crusty forms.

Dermatosis by action of heat.

Dermatosis by exposure to low temperatures.

Dermatosis by action of sunlight and ultraviolet rays.

Dermatosis produced by hydrochloric, sulfuric, nitric, hydrofluoric, fluosilicic, chlorosulfonic acids.

Dermatosis by action of caustic soda, caustic potash, and sodium carbonate.

Dermatosis, skin ulcerations and perforation of the nasal septum by action of chromates and bichromates.

Arsenical dermatosis and keratosis, perforation of the nasal septum.

Dermatosis by action of nickel and selenium oxychloride.

Dermatosis by action of lime and calcium oxide.

Dermatosis by action of organic substances, acetic acid, oxalic acid, ethylene acid, mercury fulminate, tetryl, phthalic anhydride, trinitrotoluene, paraffins, tar, pitch, dinitrobenzene.

Dermatosis produced by benzol and other organic solvents.

Dermatosis by action of hydrocarbon derivatives; hexamethylenetetramine, formaldehyde, calcium cyanamide, anilines, paraphenylenediamine, dinitrochlorobenzene, etc.

Dermatosis by action of cutting lubricating oils (oil acne or elaioconioses), crude petroleum.

Contact dermatosis.

Nail and periungual lesions. Onychodystrophies, onycholysis, and paronychia due to exposure to solvents, humidity.

Other skin conditions of a reactional type not included in the previous groups, produced by organic chemical agents (melanodermas, achromias, leukomelanodermas, lichen planus).

Blepharoconiosis (mineral, vegetable, or animal dusts).

Palpebral contact dermatosis and palpebral eczema (dusts, gases, and vapors of various origins).

Conjunctivitis and keratoconjunctivitis (by physical agents - heat, chemical, or allergenic).

Conjunctivitis and keratoconjunctivitis by radiation (actinic rays, infrared, short- wave rays, and X-rays).

Pterygium. By permanent conjunctival irritation, by mechanical factors (dusts); physical factors, infrared rays, caloric rays.

Keratoconiosis: embedding in the cornea of hard particles (marble, stone, abrasive dusts, and metals).

Ocular argyrosis (silver salts).

Cataract by radiation (infrared, caloric, short-wave rays, X-rays).

Toxic cataract (naphthalene and its derivatives).

Oculomotor paralysis (poisoning by carbon disulfide, lead).

Internal ophthalmoplegia (poisoning by carbon disulfide).

Retinitis, neuroretinitis, and chorioretinitis (poisoning by naphthalene and benzol).

Neuritis and lesion of the sensory branch of the trigeminal nerve (poisoning by trichlorethylene).

Optic neuritis and toxic amblyopia or amaurosis (poisoning produced by lead, carbon disulfide, benzol, trichlorethylene, carbon monoxide, methyl alcohol, nicotine, mercury).

Electric ophthalmia and cataract.

Poisonings Diseases produced by absorption of dusts, liquids, fumes, gases, or toxic vapors of chemical, organic, or inorganic origin, by respiratory, digestive, or cutaneous route.

Phosphorism and poisoning produced by hydrogen phosphide.

Saturnism or lead poisoning.

Hydrargyrism or mercurialism.

Arsenicism and poisoning produced by hydrogen arsenide.

Manganism.

Zinc smelters' fever or zinc welders' tremor.

Carbon monoxide poisoning.

Cyanide poisoning.

Poisoning produced by methyl, ethyl, propyl, and butyl alcohols.

Hydrocarbonism produced by petroleum and coal tar derivatives.

Poisoning produced by toluene and xylene.

Poisoning produced by methyl chloride and methylene chloride.

Poisonings produced by chloroform, carbon tetrachloride, and chlorobromomethanes.

Poisonings caused by methyl bromide and freons (fluorinated derivatives of halogenated hydrocarbons).

Poisoning caused by di-chloroethane and tetra-chloroethane.

Poisoning caused by hexa-chloroethane.

Poisoning caused by vinyl chloride or monochloroethylene.

Poisoning caused by glycol mono-chlorohydrin.

Poisonings produced by tri-chloroethylene and per-chloroethylene.

Poisonings produced by chlorinated insecticides.

Poisonings produced by chlorinated naphthalenes and chlorinated diphenyls.

Carbon disulfide poisoning.

Hydrogen sulfide poisoning or poisoning caused by hydrogen sulfide.

Poisoning caused by diethylene dioxide (dioxane).

Benzolism.

Poisoning caused by tetra-hydro-furan.

Poisonings caused by aniline (anilism) and compounds.

Poisonings caused by nitro-benzene, toluidines, and xylidines.

Poisonings produced by trinitrotoluene and nitroglycerine.

Poisoning produced by tetra-ethyl lead.

Poisoning caused by organophosphorus insecticides.

Poisonings produced by dinitrophenol, dinitro-ortho-cresol, phenol, and pentachlorophenol.

poisonings produced by benzidine, alpha-naphthylamine, beta-naphthylamine, and para-diphenylamine.

Poisonings produced by carbamates, dithiocarbamates, derivatives of chlorophenoxyhydroxycoumarin, thallium, insecticides of plant origin.

Poisonings produced by pyridine, chlorpromazine, and chemotherapeutics in general.

Diseases produced by high-energy fuels (boron hydrocarbons, liquid oxygen, etc.).

If the disease incapacitates for the specific work and possibilities of professional rehabilitation exist, the percentage of general disability that is set must be thirty percent (30%).

If the disease incapacitates for any work, total permanent disability shall be declared.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

In case it is determined that a cure is impossible, or when the worker has become sensitized to the agent that produced the disease, permanent disability shall be established.

The Executive Branch, having previously heard the Board of Directors of the insuring Institute, may issue, by regulation, the tables of occupational diseases that will entitle to compensation, without prejudice that the labor courts may consider other diseases not listed in the respective decree or decrees, included within the provisions of the preceding paragraph.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

Hernias that occur in predisposed workers also constitute work-related hernias, as a consequence of an unforeseeable trauma or effort, greater than that usually customary at work, without prejudice to the provisions of Article 224, regarding the abdomen.

For the specific qualification, in each case, the personal history of the observed subject, their clinical history, the circumstances of the accident, the nature of the work, the observed symptoms, and the specific characteristics of the hernia produced shall be taken into account.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

The determination of the costs shall be made based on the reports submitted by the public institutions, taking into account the criterion of the insuring entity. In case of discrepancy, the rules established in the Ley General de la Administración Pública shall apply to determine the definitive cost of the services.

Payment for the assistance services that the insuring Institute requests shall be made in accordance with the regulation of the law.

(Thus amended by Article 1 of Law No. 8823 of May 5, 2010, "Reforma varias leyes sobre la participación de la Contraloría General de la República para la simplificación y el Fortalecimiento de la Gestión Pública")

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

As soon as possible, the worker undergoing treatment shall be transferred to where it corresponds, according to the regulations or provisions of the insuring entity.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

In any case, the insuring institute shall attend to all the benefits indicated in this Code for the worker who is a victim of a workplace misfortune, or their beneficiaries, and shall go to the courts to collect from the employer the amounts expended, with the corresponding interests, all without prejudice to the sanctions established in the law for the delinquent employer.

The insuring entity shall act in the same manner when discrepancies arise with the employer regarding the interpretation and application of the insurance, its validity, and coverage.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

In this case, the employer may appoint a physician to monitor the course of the treatment provided to the worker.

The institutions providing such assistance shall charge the cost thereof to the employer for whom the worker was providing their services at the time of the risk.

For collection purposes, the certifications issued by the Head of the Occupational Risks Department of the Instituto Nacional de Seguros, by the Medical Sub-management of the Caja Costarricense de Seguro Social, or by directors of the private institutions shall constitute an executory title, in accordance with the terms of Article 425 of the Código de Procedimientos Civiles.

The Instituto Nacional de Seguros shall follow the same procedure for the collection of any sum owed to it, derived from the application of the occupational risks regime established in this Code.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

For such purposes, the following procedure shall be observed and exhausted: The insuring Institute, administratively, shall warn the worker about the possible legal and harmful consequences that this conduct could cause them, to the detriment of their own health and legal situation.

If the worker persists in their unjustified abandonment, the Institute shall immediately notify a labor judge thereof, so that the latter, directly or through the authority of the locality where the worker resides, notifies the worker of the situation raised, so that they may declare their willingness to submit again to the prescribed treatment, or to indicate the reasons they had for renouncing it, as well as any other disagreements or additional requests they deem convenient to make or manifest. In any case, the labor court may request the intervention of the Department of Legal Medicine of the Organismo de Investigación Judicial, or of the Forensic Medical Council, so that the medical-sanitary, surgical, or rehabilitation assistance, and the medical prescriptions that the case truly requires are definitively determined.

In the same notification order, the labor court shall warn the worker of the possible legal consequences that their default or silence could cause them.

In the event that the worker does not appear without just cause before the labor court, within ten business days counted from the notification referred to in the preceding paragraph, or before the Organismo de Investigación Judicial, within the same term, once notified by the latter twice, the court, in a reasoned ruling, shall absolve the insuring entity of all responsibility regarding the benefits referred to in this Code, without the worker subsequently being able to invoke against the Institute their provision or the cost thereof.

Likewise, the labor judge shall impose on the insuring entity the obligation to provide the worker with the medical-sanitary, surgical, and rehabilitation assistance that the agency of the Organismo de Investigación Judicial determines.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

In accordance with the procedures indicated in Article 233, the labor judge shall warn the obligated party to demonstrate, within five days, having fulfilled the same. Otherwise, either because they do not respond within the term, or because they do not demonstrate at all, or do so insufficiently, having fulfilled said benefits, or because the Organismo de Investigación Judicial has ruled benefits superior to those granted, the judge, in the corresponding ruling, shall impose upon the obligated party regarding their obligation to proceed to their provision or payment, as well as the accessory consequences of the action.

The same procedures shall be followed, where applicable, by the beneficiaries of the worker who dies as a consequence of an occupational risk, to obtain the benefits referred to in Articles 219 and 243, or the reimbursement corresponding thereto.

All of the foregoing, without prejudice to the provisions of Article 303.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

Daily salary is the remuneration, in money and in kind, whatever its form or denomination, that the worker receives for a daily workday.

If the worker's salary is monthly, bi-weekly, weekly in commerce, or a base contribution salary established by the Ministry of Labor and Social Security, for purposes of this insurance, the daily salary shall be determined by dividing the remuneration declared in the payrolls submitted by the employer in the three months prior to the occurrence of the risk, or during a period less than that term that the worker has worked for the employer, by the number of calendar days in that period.

For other forms of remuneration not included in the preceding paragraph, the daily salary shall be calculated by dividing the remuneration declared in the payrolls submitted by the employer during the three months prior to the occurrence of the risk, or during a period less than that term that the worker has worked for the employer, by the number of days actually worked in that period.

The salaries of workers who are eminently transitory, occasional, or seasonal in nature, or with intermittent workdays, shall be determined by the Ministry of Labor and Social Security, at the express request of the Instituto Nacional de Seguros.

This Ministry shall determine the base monthly contribution salary for occupational risk insurance, in the cases indicated in this subsection.

The annual salary shall be the result of multiplying the daily salary by the factors immediately indicated below:

c.1) For monthly, bi-weekly, weekly salaries in commerce, or those set by the Ministry of Labor and Social Security, daily salary multiplied by three hundred sixty.

c.2) For other daily salaries, the same, multiplied by the proportionality factor resulting from comparing the days actually worked in the period of the three months prior to the misfortune, or during a period less than that term that the worker has worked for the employer, and the working days elapsed, multiplied by three hundred twelve; that is, daily salary by days actually worked, by three hundred twelve, divided by the working days existing in the computed period.

ch) In no case shall the salary used for the calculation of monetary benefits derived from this Title be less than the minimum salary of the occupation performed by the worker at the time of the risk. The Instituto Nacional de Seguros shall determine the monetary benefits it must make effective, based on the payroll reports that the employer has submitted before the occurrence of the risk, without prejudice to the provisions of Article 206.

Unless there is a contractual stipulation more beneficial to the worker's interests, the annual salary of apprentices or similar shall be set based on the product of multiplying by three hundred twelve the lowest daily salary established by the Decreto de Salarios Mínimos for workers of the activity in question; and For the purposes of this article, the payrolls and other proof of salary payment, as well as the respective Income Tax declarations that the worker has submitted, shall serve as preferential proof for determining the true amount of the salary.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

Once that period has elapsed, the subsidy that the worker shall be granted shall be equivalent to 100% of the daily salary, if it is a daily remuneration equal to or less than one hundred colones. If the salary is greater than one hundred colones per day, on the excess, a subsidy equal to 67% shall be paid. The maximum sum to which the 100% applies may be modified by regulation.

When the worker's remuneration is paid monthly, bi-weekly, or weekly in commerce, and when involving workers with a base salary set by the Ministry of Labor and Social Security, the subsidy shall be paid from the date on which the occupational risk occurred, until the worker is given medical discharge, with or without setting an impediment, or until the two-year period indicated in Article 237 elapses.

If the form of hiring was by daily salary, the subsidy shall be paid considering the working days in the period of disability, according to the worker's weekly workday. For these purposes, holidays shall be considered working days, excluding Sundays.

The payrolls submitted in the period of the three months prior to the occurrence of the misfortune shall serve as reference, or a shorter time, if they had not worked during that period in the service of the employer with whom the risk occurred, without prejudice to the provisions of Articles 16 and 206.

When workers are insured with the Instituto Nacional de Seguros, subsidy payments shall be made weekly, according to the internal provisions established for processing purposes in the regulation of the law.

The amount of the daily subsidy, in cases of workers who work a full ordinary workday, may not be less than the salary established by the Decreto de Salarios Mínimos for all work not contemplated in the general provisions establishing the salary by activities, or in other laws of the Republic.

In cases of workers who work a workday less than the ordinary one, the minimum subsidy shall be calculated based on the indicated salary, but proportionally to the hours they work, provided they work less than half of the maximum ordinary workday.

When the worker provides services to more than one employer, the subsidy shall be calculated taking into account the salaries they receive from each employer.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982) (Note: See Reglamento sobre Botiquines de Emergencia, Decreto Ejecutivo No. 12 of September 28, 1951)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

By regulation, the maximum annual salary to which the 100% applies may be increased.

No monthly income set for total permanent disability shall be less than one thousand five hundred colones or the greater sum set by regulation.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

By regulation, the maximum annual salary to which the 100% applies may be increased.

No monthly income set for major disability shall be less than one thousand five hundred colones, and in all cases, additionally, a fixed monthly sum of five hundred colones shall be granted. The basic amount may be increased by regulation.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

To build any type of work that improves the living space, and is of benefit to the worker, upon the recommendation of specialized personnel of the Instituto Nacional de Seguros.

The work must be built on property registered in the name of the disabled worker, or on which the right of use and occupancy is duly constituted in their favor; For the payment of premiums for the acquisition of housing, through public institutions subject to the regulations that the Instituto Nacional de Seguros shall establish in each case, which must at least include limitations on the sale, transfer, or alienation of the properties acquired by means of this benefit; and The allocation referred to in this article may be disbursed in a single payment, or in partial sums until exhausting that maximum, according to the needs of the case.

The worker must manage and justify in writing before the Instituto Nacional de Seguros, the request for this benefit.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended the preceding paragraph by Article 5 of Law No. 10166 of March 30, 2022, "Reforma varias leyes para el reconocimiento de derechos a madres y padres de crianza") a. An annuity (renta) equivalent to 30% of the established salary, for a term of ten years, for the surviving spouse who cohabited with the deceased, or who, for causes attributable to the deceased, was divorced, or legally or de facto separated, provided that in these cases the marriage was celebrated prior to the date on which the risk occurred and provided that it is proven that the surviving spouse was economically dependent on the deceased worker.

This annuity (renta) shall be increased to 40% of the annual salary, if there are no beneficiaries included in subsection b) below.

If the spouse has not remarried, and demonstrates a definitive economic dependence on the annuity (renta) for their support, in the judgment of the National Insurance Institute, the payment of the annuity (renta) may be extended for successive periods of five years upon their expiration.

(By resolution of the Constitutional Chamber No. 238 of January 9, 2019, the final paragraph of the preceding subsection a) was declared unconstitutional, for infringing the principle of equality, as well as the right to equal rights of spouses contained in Article 52 of the Political Constitution and the principle of reasonableness of norms.)

b. An annuity (renta) that shall be determined based on the provisions listed below, for minors under eighteen years of age who were economically dependent on the deceased worker.

It shall not be necessary to prove economic dependence when the minors are children of the marriage of the deceased, or extramarital children recognized before the occurrence of the risk.

In all other cases, economic dependence must be reliably proven. The annuity (renta) for these minors shall be 20%, if there is only one; 30% if there are two; and 40% if there are three or more. When there is no beneficiary entitled to an annuity (renta), pursuant to the terms of the immediately preceding subsection a), the annuity (renta) of the minors shall be increased to 35% if there is only one, and to 20% for each of them if there are two or more, with the limitation indicated in Article 245.

These annuities (rentas) shall be paid to the minors until they reach eighteen years of age, unless upon reaching this age they demonstrate that they are pursuing studies at the fourth cycle level in a secondary education institution, or in higher education, in which case the annuities (rentas) shall be effective until they reach twenty-five years of age.

For the purposes of extending the payment of annuities (rentas) from eighteen to twenty-five years of age, the interested parties must submit to the National Insurance Institute a quarterly certification from the educational institution where they are studying, which shall record their status as a regular and permanent student, as well as their academic performance. It is understood that the suspension of studies, or a notoriously low performance therein, shall cause the definitive loss of the right to the annuities (rentas), except in cases where the beneficiary can demonstrate prolonged physical incapacity for more than one month, an eventuality in which the annuities (rentas) may continue to be paid, if the resumption of studies is proven.

The extension of the payment of the annuities (rentas) shall be definitively lost if the student beneficiary has any type of income sufficient for their support; c. If there is no wife under the terms of subsection a), the partner of the deceased worker, who had children with him, or who, without children, cohabited with him for a minimum uninterrupted period of five years, shall be entitled to an annuity (renta) equivalent to 30% of the indicated salary, for a term of ten years, which shall be increased to 40% if there are no beneficiaries among those listed in subsection b) of this article. To this end, she must provide evidence demonstrating her cohabitation with the deceased. The partner who marries or enters into a common-law union shall lose the right to this annuity (renta); ch) (Eliminated by Article 5 of Law No. 10166 of March 30, 2022, "Reforma varias leyes para el reconocimiento de derechos a madres y padres de crianza") d) An annuity (renta) of twenty percent (20%) of said salary, for a term of ten years, for the mother and father of the deceased, or the foster mother and foster father. Both annuities (rentas) shall be increased to thirty percent (30%) when there are no beneficiaries among those listed in subsection b) of this article; (Thus amended the preceding subsection by Article 5 of Law No. 10166 of March 30, 2022, "Reforma varias leyes para el reconocimiento de derechos a madres y padres de crianza") e. An annuity (renta) of 10% of the referenced salary, for a term of ten years, for each of the ascendants, descendants, and collaterals of the deceased, up to the third degree inclusive, who are sexagenarians or incapacitated for work, and who lived under their economic dependence, provided that the total of these annuities (rentas) may not exceed 30% of that salary.

It shall be presumed that these persons lived at the expense of the deceased worker, if they inhabited the same dwelling, and if they lack, in whole or in part, their own resources for their support; f. The annuity (renta) fixed for each beneficiary shall not be less than the result of the following relationship: one thousand five hundred multiplied by the annuity (renta) percentage corresponding to the beneficiary (causahabiente), divided by seventy-five.

If at the time of the worker's death there is only one or two beneficiaries (causahabientes), the joint annuity (renta) they receive may not be less than five hundred colones; and g. The annuities (rentas) fixed based on this article shall be provisional in nature during the first two years of payment, and may not be commuted during that period.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

A single person may not enjoy two simultaneous annuities (rentas), by reason of the same occupational risk, occurring to the same worker.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

If the annuities (rentas) exceed that 75%, they shall be reduced proportionally, without prejudice to those that have been established according to the order of the subsections, before exhausting that maximum.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

The same rule shall apply for the beneficiaries (causahabientes) of the deceased worker who are minors or mentally incapacitated.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

This sum, at the request of the Institute, may be modified by regulation.

The payment of this additional annuity (renta) is subject to the condition that the annuities (rentas) of the persons indicated in this article have begun to be paid before August 1st, and that their payment does not conclude before December 1st of each year.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

For this purpose, the courts shall summarily deny any claim made in that sense.

If, due to the lack of timely notice of the death of one of the persons who had become entitled to cash benefits, in accordance with the terms of this Code, or due to any other concealment made by the worker or their beneficiaries (causahabientes), undue benefits have been paid, the National Insurance Institute may collect or offset what it has unduly delivered from those responsible, deducting the sums from the cash benefits owed to them, or through the corresponding collection proceedings, all of which must be proven before a labor court.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

If, according to medical opinion, the worker could not normally perform the work they were doing when the risk occurred, but could perform a different one in the same company, the employer shall be obliged to provide it, provided this is feasible, for which purpose they may carry out the necessary personnel movements.

In cases where reinstatement causes objective harm to the worker, whether due to the personal nature of the position, the salary received, or because it negatively affects their rehabilitation process, or even because the worker is in contact with the generative causes of the risk that occurred, the employer shall proceed to pay their corresponding legal benefits, extremes that shall be applicable if it is not possible to achieve the relocation of the worker within the company.

For the aforementioned purposes, the worker may administratively request the insuring entity, beforehand or once they have been provisionally or definitively discharged to work, to attach to the discharge order a copy of the medical opinion, in which, without prejudice to other data, the real situation of the worker is clearly indicated, in relation to the work environment recommended for them, according to their work capacity.

The worker may claim this right through jurisdictional channels, provided that no more than two months have elapsed since they were discharged, with or without the determination of an impediment, and provided that they have not been assigned total permanent incapacity.

The Executive Branch, through regulatory channels, having previously heard the Board of Directors of the National Insurance Institute, the Occupational Health Council, and the National Council for Rehabilitation and Special Education, shall establish the working conditions for disabled persons, as long as a special law is not issued, and shall establish the selective placement quotas for disabled persons with which public and private companies shall be obligated.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

The interested party shall submit the application for commutation of annuities (rentas) to the National Insurance Institute, in writing, clearly expressing the reason for which they request the commutation and the use they will make of the money.

The Institute shall process these applications free of charge and quickly, but must carry out all the studies it deems necessary to resolve the petition. Based on these studies, it shall proceed to accept or reject the petition for commutation of annuities (rentas).

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

The calculations that do not merit the conformity of the interested party must be sent to the Superior Labor Tribunal, so that it may review and approve them, or return them with observations, in the event that the sum to be delivered to the worker, or their beneficiaries (causahabientes), is different from what corresponds to them.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

The Tribunal shall request the opinion of the Patronato Nacional de la Infancia on its usefulness and necessity. This opinion must be rendered within a period of no more than eight business days.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

If the Institute processed the risk as uninsured, based on the final medical opinion in which the permanent incapacity was determined and the annuities (rentas) were set, the National Insurance Institute shall request the corresponding labor judge to order the employer to deposit the amount of the annuities (rentas) in the aforementioned institution, within a period of no more than ten business days, counted from the notification of that resolution. If the employer does not do so, the Institute shall proceed to collect the corresponding sums via the executive process.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

The aforementioned institutions shall directly appoint their representatives.

The Executive Branch shall appoint, on a rotating basis, the workers' representative, from the shortlists submitted by the legally constituted confederations. On the first occasion, the corresponding drawing of lots shall be carried out for the appointment to establish the respective order.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

• a)Be a physician registered with the Medical and Surgeons College; b) Be a citizen in full exercise of their rights; c) Have sufficient experience in matters related to occupational medicine; ch) Not hold publicly elected office, nor be a candidate to hold such office; d) Not hold a leadership position in political parties; e) Not be an employee of the National Insurance Institute, except when it concerns the representative of this Institution before the medical board.

The board shall be constituted by decree. The Executive Branch shall ensure that it includes a general practitioner, an orthopedist, and a physiatrist.

The members of the Medical Board for the Qualification of Incapacity for Work shall be appointed for periods of five years, and may be re-elected.

They shall hold a maximum of eight remunerated sessions per month, and shall receive per diems in accordance with what is established by the regulations of this law.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

In the event that such a modification is determined, a readjustment in favor of the worker shall be established.

The review shall be admissible within two years following the discharge order, and so on successively from the date of the last medical report, without exceeding a term of five years from the first final opinion.* In these cases, the cash benefits to which the worker is entitled shall be calculated based on the salary earned in the last three months, or, as applicable, the one most favorable to their interests.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982) *(By resolution of the Constitutional Chamber No. 7727-00, at 2:44 p.m. on 08/30/2000, it was ordered to declare unconstitutional the two-year statute of limitations provided for in this article.)

The interested party may appear before the labor court of the jurisdiction where the risk occurred, or any other that may be more favorable, if they disagree with the ruling of the Medical Board for the Qualification of Incapacity, whether regarding the determined impediment, or any of the other extremes contained therein. All this within a term of one month, from the notification of the opinion of the Medical Board for the Qualification of Incapacity.

Accessorily, if it is convenient to their interests, the worker may accumulate with this procedure the rights and actions indicated in Articles 233 and 234, as applicable. The court hearing the matter shall request from the Medical Board for the Qualification of Incapacity and the insuring entity all the documentation of the case, and shall grant the interested parties a hearing of eight days to appear to assert their rights, state the reasons for their disagreement, report on their claims, and indicate an address for notifications.

Upon expiration of the indicated term, the court shall send the judicial record or the relevant parts to the Legal Medicine Department of the Judicial Investigation Organization, with the warning to the worker that they must appear before said department within the fifteen business days following the summons. This department must issue three alternate communications to the worker, summoning them to appear for the respective examination. The Legal Medicine Department shall render its opinion within a maximum period of ten days, from the date of the examination performed on the worker.

If the worker is the appellant and without just cause does not appear for the examination, the court shall order the provisional archiving of the pending case.

If within a term of two years from that resolution the worker does not request its processing again, the case shall be definitively archived.

Upon receipt of the opinion of the Legal Medicine Department, as applicable, it may be appealed within a term of eight business days before the Forensic Medical Council of the Judicial Investigation Organization, so that it is this unit, within a period of ten days, that definitively determines the worker's incapacity for work.

In view of the medical opinions of the insuring entity, the Medical Board for the Qualification of Incapacity, and the Judicial Investigation Organization; and the documentary evidence of the case contributed to the record, the judge shall issue a sentence within a term of no more than thirty days, resolving the merits of the matter.

The sentence shall also resolve on the payment, by the insuring entity, of the expenses for the transport and stay of the worker and their companions, if their condition so requires, independently of the outcome of the trial in the sentence.

For the purposes of the order to pay costs, the good faith of the litigant worker is presumed.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

These annuities (rentas) shall be adjusted to the final terms, so that the insuring entity recovers any sum paid in excess, due to simulation or fraud attributable to the worker, deducting it from the annuities (rentas) not received; or in the contrary case, it shall make a single payment of the uncovered differences, in favor of the worker.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

The medical board may request from medical, hospital, and rehabilitation institutions the facilities necessary for the best fulfillment of its mission.

The Executive Branch shall regulate everything related to the operation of the Medical Board for the Qualification of Incapacity for Work.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

These inspectors shall have the authority, right, powers, obligations, and duties sufficient for the fulfillment of their work.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

The Judge shall grant a hearing to the authority that ordered the work suspension or closure for a period of two days. They shall conduct a summary investigation, for which they shall receive the evidence deemed necessary for the decision to be taken.

Within a maximum period of ten business days, counted from the presentation of the employer's challenge, the judge must decide whether to uphold the order or to lift it.

No appeal shall lie against the resolution taken. The employer's responsibility is presumed, for the work suspension or closure order; therefore, the salaries of the workers affected by that order shall be borne by the employer, during the period in which they do not provide services for that reason.

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

• a)The fine included in numeral two of Article 614 of this Code.
• b)The temporary closure of the workplace for up to one month.

(Thus amended by Article 2 of Law No. 7360 of November 4, 1993)

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Law on Occupational Risks, No. 6727 of March 9, 1982)

a. Promote the best occupational health conditions in all workplaces in the country; b. Conduct studies and research in its field of competence; c. Promote the necessary regulations to guarantee, in every workplace, optimal occupational health conditions; ch. Promote, by all possible means, the training of specialized sub-professional technical personnel in the various branches of occupational health and the training of employers and workers in occupational health; d. Carry out the dissemination of all technical methods and systems for the prevention of occupational risks; e. Prepare manuals, catalogues, and lists of safety devices and personal protective equipment for workers, for the different activities; f. Prepare bills and regulations on its organic specialty, as well as issue indispensable opinions on the bills being processed relating to occupational health; g. Propose to the Executive Branch the list of personal protective equipment and implements for workers that may be imported and brought into the country with exemption from taxes, duties, and surcharges; h. Carry out or coordinate national or local occupational health campaigns, on its own initiative or in collaboration with public or private entities; i. Carry out all kinds of statistical and economic studies related to the matter of its competence; and j. Any other activities inherent to the matter.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

One shall represent the Ministry of Labor and Social Security and shall preside over it, one the Ministry of Health, one the Instituto Nacional de Seguros, one the Caja Costarricense de Seguro Social, two the employers, and two the workers.

The Executive Branch shall appoint the employers' representatives, chosen from shortlists submitted by the employers' chambers. It shall choose, on a rotating basis, the two workers' representatives from the shortlists submitted by the workers' confederations.

At the time of the first appointment, the corresponding drawing of lots shall be carried out to establish the respective order.

The aforementioned ministries shall appoint their representatives, and the boards of directors of the Caja Costarricense de Seguro Social and the Instituto Nacional de Seguros shall appoint theirs.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

The council shall meet ordinarily four times a month and extraordinarily when so agreed, or when convened by the President to address urgent matters.

The quorum for Council sessions shall be five of its members.

The per diem allowances shall be determined by the respective regulations. Under no circumstances shall more than six sessions per month be remunerated.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

Everything related to the administrative structure of the council, its dependencies, and the necessary technical personnel shall be determined in the regulations of the law, which must contain special provisions relating to the temporary or permanent contracting of specialized national or foreign professional personnel that the Council deems pertinent for the better performance of its functions.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

The lump sum allocated to it in the budget of the Ministry of Labor and Social Security; The contribution from the Instituto Nacional de Seguros in accordance with Article 205; Donations made to it by natural and legal persons; The sums that, by virtue of agreements with national and international organizations, are allocated to specific programs to augment its resources for any fiscal year. For the purposes of subsection c) of this article, all State institutions are authorized to make donations to the Occupational Health Council.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

The same procedure shall be followed regarding the extraordinary budget.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

The protection of health and the preservation of the physical, moral, and social integrity of workers; and The prevention and control of occupational risks. The regulations must contemplate the following aspects:

1.- Planning, construction, conditioning, expansion, maintenance, and relocation of workplaces and accessory installations.

2.- Work methods, operations, and processes.

3.- Environmental and sanitary conditions that guarantee:

The prevention and control of chemical, physical, biological, and psychosocial causes capable of provoking occupational risks; The maintenance in good condition of conservation, use, and operation of sanitary installations, washbasins, showers, and drinking water dispensers; The maintenance in good condition of conservation, use, distribution, and operation of electrical installations and their respective equipment; ch) The control, treatment, and elimination of waste and residues, in such a way that they do not represent risks to the health of the worker and the community in general; and The storage and control, under safety conditions, of hazardous substances.

4.- Supply, use, and maintenance of occupational safety equipment, referring to machines, motors, materials, artifacts, equipment, utensils, and tools, raw materials, products, vehicles, ladders, work surfaces, platforms, fire-fighting and other emergency equipment, boilers, electrical or mechanical installations, and any other equipment, devices, and machinery that may be used.

5.- Identification, distribution, handling, and control of hazardous substances and products, as well as their control regarding imports.

6.- Signage and warnings of hazardous conditions in workplaces and accessory installations.

7.- General characteristics and safety devices of imported machinery and equipment.

8.- General characteristics of comfort and distribution of work areas.

9.- Handling, loading, and unloading of bundles and materials.

10.- Determination of workdays, schedules, rhythms, and shifts.

11.- Creation of occupational health services that allow for the development of the regulatory standards and provisions contemplated in this law.

12.- Provisions in workplaces of human and material resources for the provision of first aid.

13.- Provisions related to the age and sex of workers.

14.- Characteristics and working conditions of disabled persons.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

Allow periodic inspection of workplaces by the competent authorities and the posting of legal texts, notices, posters, and similar announcements relating to occupational health; Comply with legal and regulatory provisions for the training and instruction of workers in matters of occupational health; Comply with the occupational health standards and legal and regulatory provisions; Provide personal protective and occupational safety equipment and elements and ensure their use and operation.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

In addition to the obligations indicated in other provisions of this law, the worker shall have the following obligations:

Undergo the medical examinations established by the regulations of the law or ordered by the competent authorities, of whose results they must be informed; Collaborate with and attend programs aimed at their training in occupational health matters; Participate in the elaboration, planning, and execution of occupational health programs in the workplaces; and ch) Use, conserve, and care for the personal protective equipment and elements and occupational safety equipment provided to them.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

Impede or hinder compliance with occupational health measures; Remove, without authorization, the guards and protections of machines, work tools, and installations; Alter, damage, or destroy personal protective equipment and elements or occupational safety equipment, or refuse to use them without justified reason; ch) Alter, damage, or destroy notices and warnings about hazardous conditions, substances, products, and places; Engage in horseplay or pranks that endanger the life, health, and personal integrity of fellow workers or third parties; and Handle, operate, or make use of work equipment and tools for which they do not have authorization or knowledge.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

These commissions must be composed of an equal number of representatives of the employer and the workers, and their specific purpose shall be to investigate the causes of occupational risks, determine measures to prevent them, and monitor compliance with occupational health provisions in the workplace.

The constitution of these commissions shall be carried out in accordance with the provisions established by the regulations of the law, and their task shall be performed within the workday, without prejudice or detriment to any of the labor rights corresponding to the worker.

The Occupational Health Council, in coordination with the Instituto Nacional de Seguros, shall put into effect a catalogue of mechanisms and other measures aimed at achieving the prevention of occupational risks, through these commissions.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

Workplaces that were already operating must conform to the law, in accordance with what is established in the respective regulations.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

The Executive Branch shall establish, by decree, the maximum sale price of these articles.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

Dangerous workplaces or jobs are those that seriously damage or may damage the life of workers or neighbors, whether by their own nature or due to materials used, released, or discarded – solid, liquid, or gaseous – or due to the storage of toxic, corrosive, flammable, or explosive substances.

The Occupational Health Council shall determine which workplaces or jobs are unhealthy and which are dangerous; furthermore, it shall establish for which type or class of substances their elaboration or distribution is prohibited, or whether these are restricted or subject to certain special requirements.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

Additionally, they must meet the requirements for lighting, ventilation, and location, be suitably furnished, and equipped with special means for storing food, reheating it, and washing utensils.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982) (The second paragraph was repealed by Article 6 of Law No. 7360 of November 4, 1993)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982) (The second paragraph was repealed by Article 6 of Law No. 7360 of November 4, 1993)

The professional training requirements that the persons in charge of such an office or department must have shall be established by regulation and in consultation with the Occupational Health Council, taking into account the number of workers in the enterprise, the activity in which it is engaged, and the existence of human resources specialized in occupational health in the labor market.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

Be a Costa Rican citizen in exercise of their rights; Be a technician in occupational health or have sufficient theoretical or practical knowledge of aspects of the same subject.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 3, section a) of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The statute of limitations shall not run for cases of illnesses caused as a consequence of occupational risks that have not caused the death of the worker.

The statute of limitations shall not run for the worker not insured by the Instituto Nacional de Seguros (INS), when they continue working under the orders of the same employer, without having obtained the corresponding payment, or when the employer continues to recognize the total or part of the salary to the worker or their beneficiaries.

(Thus amended by Article 1 of Law No. 8520 of June 20, 2006) (The Constitutional Chamber, through resolution No. 15674-06, at 11:31 a.m., on October 27, 2006, ruled that the two-year statute of limitations provided for in this article before the reform enacted by Law No. 8520 of June 20, 2006, is not unconstitutional, provided that the assumption "that the worker is capable of managing its recognition" is interpreted to mean that, if the worker subsequently discovers any sequelae resulting from an occupational risk, the two-year period opens again from that moment.)

If the actions provided for in the preceding paragraph are filed only before the labor courts, these may, ex officio, notify the common courts of what corresponds.

If the victim was insured, the Instituto Nacional de Seguros shall immediately pay the respective compensation to the worker or their beneficiaries, in the cases referred to in this article, but if the employer is convicted by the common courts, they must reimburse that institution for the sum or sums it has paid, together with legal interest. For this purpose, the corresponding judgment shall serve as an executory title for the Institute.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

The damages and losses that said third parties must satisfy shall also include the entirety of the monetary benefits granted in this law, provided that the worker or their beneficiaries have not obtained payment thereof. If the worker or their beneficiaries claim from the said third parties, after the benefits granted by this Title have been satisfied, the common courts shall order payment of the applicable damages and losses, less the sum or sums received or that the worker or their beneficiaries may effectively receive. In such a case, the employer who was not insured and who deposits the sum necessary to satisfy the benefits provided for in this Title to the order of the worker or their beneficiaries, in the Instituto Nacional de Seguros, shall have a subrogation action up to the amount of their disbursement against those responsible for the risk that occurred, which shall be exercised before the common courts. If the employer was insured, that subrogation action shall pertain only to the aforementioned Institute.

For the purposes of this article, third parties are understood to be any person excluding the employer, their representatives in the direction of the work, or the workers dependent on them.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

Once this term has expired, the deposit of the capital may be demanded through executory proceedings.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 3, section a) of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended the preceding paragraph by Article 3, section a) of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

• a)When the workers under their direction and supervision are not insured against occupational risks; b) When the total salary earned by the workers is not declared for the purposes of occupational risk insurance; c) When the payroll report is submitted extemporaneously; ch) When the obligation to file a timely report upon the occurrence of any occupational risk is not complied with; d) When the manner, circumstances, and facts of how an occupational risk occurred are altered; e) When the provisions concerning occupational health are breached; f) When an occupational risk occurs due to an inexcusable fault, in the following cases:

1.- Breach of legal or regulatory provisions concerning occupational health.

2.- Breach of the recommendations on occupational health formulated by the administrative inspection authorities of the Ministry of Labor and Social Security or the Instituto Nacional de Seguros.

• g)When incurring any fault, infraction, or violation of the provisions contained in this Title or its applicable regulations.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

(Thus amended by Article 3, section a) of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

For these purposes, they shall take into consideration factors such as the severity of the fault, number of workers directly or potentially affected, damages caused, personal conditions and background of the accused, and other circumstances they deem appropriate to weigh for the imposition of the sanction.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the event that there are several responsible parties, the sanctions shall be imposed separately on each infractor.

If the fault or infraction was committed by a company, corporation, partnership, or public or private institution, the sanctions shall be applied against the person who acts as employer, legal representative, or senior head of the place where the work is performed; but the respective legal entity shall be jointly obligated, together with these persons, to cover all kinds of pecuniary liabilities.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982)

In each ordinary budget approved by the Asamblea Legislativa, the item covering the retrospective premiums corresponding to each fiscal year must always be allocated.

The Contraloría General de la República shall modify the annual budgets of public institutions and municipalities that do not include the sufficient budgetary allocation to cover said premiums.

The Instituto Nacional de Seguros shall determine, for the case of the State, public institutions, and municipalities, the annual amount of those retrospective premiums.

(Thus amended by Article 1 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982) TRANSITIONAL ARTICLES Transitional I.- The activities that were covered by the Seguro de Riesgos Profesionales, pursuant to Article 251 of the Labor Code that is amended by this law, maintain the obligation to insure against occupational risks.

The Instituto Nacional de Seguros is empowered to carry out the universalization of the Seguro contra Riesgos del Trabajo, established in this Title, gradually, in stages, according to economic activities or geographic zones, in accordance with experience, so that after four years from the promulgation of this law, at most, all workers in the country are covered by this social security regime.

Transitional II.- As long as the universalization of insurance against occupational risks is not completed, in accordance with Transitional I of this law, the maximum liability of the Instituto Nacional de Seguros, in terms of cash benefits, shall be determined based on the amount of wages reported by the employer to this Institute as earned by the worker prior to the occurrence of the risk, so that the employer shall be directly and exclusively liable to the worker or their heirs for differences that are determined, and the provisions of Article 206 shall not apply in this regard. In the same way, as long as the aforementioned universalization is not completed, if the worker is not insured against occupational risks, the insuring institute shall bring the case to the attention of the labor court in whose jurisdiction the risk occurred, and the payment of both cash benefits and all expenses for medical-sanitary and rehabilitation services that the worker's treatment demands shall be borne exclusively by the employer, for which Articles 221 and 231 shall not be applied in the manner provided in this law; likewise, until the aforementioned universalization is achieved and if the risk is processed as uninsured, the provisions of Article 260 of this law shall not apply; in its place, the worker shall request the corresponding court, based on the final opinion establishing the permanent disability, to determine the relevant annuities and to order the employer to deposit the amount thereof in the aforementioned institution, within a period not exceeding ten business days, counted from the notification of the resolution. Likewise, as long as the aforementioned universalization is not made effective, Article 306 shall not be applied in the manner provided in this law when the employer has not insured the worker, so that the former shall be obliged to deposit, under those circumstances, in the Instituto Nacional de Seguros, the capital corresponding to the sum of benefits owed, in addition to whatever it may owe for any other reason, within ten days following the notification of the finality of the ruling of the labor courts made by the insuring institute, so that this institution makes the respective payments, on the understanding that once this term has expired, the deposit of capital may be demanded by any interested party or by their legal representatives, following the procedures for execution of judgment.

Transitional III.- For the purposes of Transitional II, insurance shall be considered universalized when it is mandatory and compulsory for a specific geographic zone of the country or for a particular economic activity, according to the schedule established by the institute to comply with the provisions of Transitional I of this law.

SOCIAL ORGANIZATIONS

(Note: According to Article 2 of the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, the following articles, which originally comprised numbers 262 to 292 inclusive, are renumbered from 332 to 362 inclusive.)

General Provisions

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred original Article 262 to the present one) (The word "Cooperativa", was removed from the aforementioned Article 262 by Article 116 of the Ley de Asociaciones Cooperativas, No. 4179 of March 22, 1968)

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original Article 263 to the present one)

(Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original Article 264 to the present one)

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original Article 265 to the present one)

They may not use the advantages of legal personality for profit, but they may do so in everything that contributes to fulfilling their essential purpose of obtaining the greatest common benefits for their associates.

(The exemption referred to in this article was repealed by Law No. 641 of August 23, 1964, "Deroga Varias Exoneraciones de Impuestos a Nuevas Industrias") (See Article 3, subsection ch) of the Ley de Impuesto sobre la Renta. Law No. 7092, modified by Law No. 7293, Ley Reguladora de todas las Exoneraciones Vigentes, su Derogatoria y sus Exoneraciones, regarding the exemption of union organizations as entities not subject to income tax.)

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original Article 266 to the present one)

To this effect, they shall fulfill the obligations and exercise the right mentioned in subsection f) of Article 69.

(The name of the institution was changed by Article 1 of Law No. 3372 of August 6, 1964.)

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original 267 to the present one)

However, their directors shall be liable, in accordance with the labor laws and common laws, for all infractions or abuses they commit in the performance of their duties.

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original 268 to the present one)

Unions (De los Sindicatos)

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original 269 to the present one)

To enter into collective conventions and contracts (convenciones y contratos colectivos); To participate in the formation of the state bodies indicated to them by law; To create, administer, or subsidize institutions, establishments, or social works of common utility, such as cooperatives, sports, cultural, educational, assistance, and welfare entities, and In general, all those that are not at odds with their essential purposes or with the laws.

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, transferred the original 270 to the present one)

The exercise of the right of free separation does not exonerate the person leaving from covering the economic obligations they have pending with the union (sindicato).

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original 271 to the present one)

Trade (Gremiales): those formed by individuals of the same profession, trade, or specialty; Enterprise (De Empresa): those formed by individuals of various professions, trades, or specialties, who provide their services in the same enterprise; Industrial (Industriales): those formed by individuals of various professions, trades, or specialties, who provide their services in two or more enterprises of the same class, and Mixed or Miscellaneous Trades (Mixtos o de Oficios Varios): those formed by workers engaged in diverse or unrelated activities. These unions may only be constituted when, in a given canton or enterprise, the number of workers of the same trade does not reach the legal minimum.

The Directing Board (Junta Directiva) of any Union may be composed of persons who do not meet the conditions established in this article.

(Thus added the preceding paragraph by the sole article of Law No. 731 of September 2, 1946) (The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original 272 to the present one)

However, none may be constituted with fewer than twelve members if it is a union (sindicato), nor with fewer than five employers of the same activity, when it is an employers' union.

(Thus amended the preceding paragraph by Article 2 of Law No. 7360 of November 4, 1993) (Thus amended by the Ley sobre Riesgos del Trabajo No. 6727 of March 9, 1982, Article 2, which relocated the former Article 273 to the present one)

The constitutive act must necessarily state the number of members, the type of union, and the full names of the persons who make up its board of directors.

The Head of the Oficina de Sindicatos of the Ministerio de Trabajo y Seguridad Social shall examine, under their responsibility, within fifteen days following receipt, whether the mentioned documents conform to the legal requirements; in the affirmative, they shall issue a favorable report to the Ministerio de Trabajo y Seguridad Social so that it may order, with the utmost brevity, its registration in public records kept for that purpose, which cannot be denied if the previous requirements have been satisfied; in the negative, said official shall point out to the interested parties the errors or deficiencies that in their judgment exist, so that the latter may correct them if they are able, or so that they may file, at any time, an appeal before the aforementioned Ministerio, which shall issue a resolution within a period of ten days. If under the first scenario the Head of the Oficina de Sindicatos of the Ministerio de Trabajo y Seguridad Social performs the aforementioned registration, they shall issue a certification thereof at the request of the interested parties and order that an extract of it be published free of charge, three consecutive times in the Diario Oficial.

The certification issued by the mentioned Office shall have public faith (fe pública), and employers are obliged, upon sight of it, to recognize the legal personality (personería) of the union for all legal effects. The employer's refusal to recognize the legal personality of the union, legally accredited by the aforementioned certification, shall give rise, as applicable, if the union so requests, to the courts declaring a strike legal; all without prejudice to the provisions of Article 373 of this Code.

(Thus amended by Article 1 of Law No. 6771 of July 5, 1982) (The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original 274 to the present one) (Article 3 of Law No. 7360 of November 4, 1993, shifted the old numbering of the articles. Therefore, the former Article 366 became the current 373)

(Thus amended the preceding paragraph by Article 38 of the Ley para Prevenir, Atender, Sancionar y Erradicar la Violencia contra las Mujeres en la Política, No. 10235 of May 3, 2022) a) The name that distinguishes them from others.

• b)Its domicile.
• c)Its purpose.
• d)The obligations and rights of the persons who are members (personas integrantes). The female worker or male worker may not lose their rights merely because of their compulsory dismissal (cesantía obligada).
• e)The method of electing the Directing Board shall guarantee equal representation of both sexes. Its members shall be Costa Ricans or foreign persons married to Costa Ricans and with at least five years of permanent residence in the country; in accordance with common law.

(By resolution of the Sala Constitucional No. 017697 of October 24, 2018, the phrase in the preceding subsection that indicated: "in all cases, of legal age" was annulled. This declaration of unconstitutionality does not include the capacity to act of minors established in the legal system, which was not the subject of this action. In accordance with the provisions of Article 91 of the Ley de la Jurisdicción Constitucional, the effects are dimensioned in the sense that this judgment has effects from the date of the first publication of the edicts of this action.)

For the purposes of this subsection, Central American persons by origin shall be considered equivalent to Costa Rican persons. In any roster or odd-numbered body, the difference between the total number of men and women may not exceed one.

• f)The conditions for the admission of new members (personas integrantes).
• g)The causes and procedures for expulsion and disciplinary sanctions. Members (personas integrantes) of the union may only be present at a General Assembly.
• h)The minimum frequency with which the General Assembly shall meet ordinarily and the manner of calling it. It may validly meet with two thirds of the members (personas integrantes), who in no case shall be permitted to represent others. However, if for any reason there is no quorum, the persons attending may agree to a new meeting within ten days, which shall be legally held with a majority of half plus one of the members. If, due to a lack of the indicated majority, the General Assembly cannot be held on this second occasion either, the member persons attending shall have the power to call another meeting at the same act, which shall be validly held at any time and regardless of the number of members who attend.
• i)The form of paying dues, the amount, the method of collecting them, and which member persons or bodies are responsible for their administration.
• j)The time for presenting accounts, detailing the income and outflow of funds, which must be done before the General Assembly at least every six months. Immediately after this has taken place, the board is under the unavoidable obligation to send an authentic copy of the accountability report to the Oficina de Sindicatos of the Ministerio de Trabajo y Seguridad Social.
• k)The causes for voluntary dissolution of the union and the method of carrying out its liquidation.
• l)The other legal stipulations deemed necessary to include.

(This last subsection is the purview of the Ministerio de Trabajo only and not the employer, according to the Voto of the Sala Constitucional No. 133-82) m) The regulations in which internal procedures and corresponding administrative sanctions for violence against women in politics are established. They must establish an internal procedure for hearing and processing administrative complaints, in accordance with the Ley para Prevenir, Atender, Sancionar y Erradicar la Violencia contra las Mujeres en la Política. If the accused person holds a position by appointment, a copy of the file must be sent, within three calendar days, to the corresponding body that appointed them, to annul their appointment and their substitution, and to the Ministerio Público, as appropriate to the act.

(Thus added the preceding subsection by Article 38 of the Ley para Prevenir, Atender, Sancionar y Erradicar la Violencia contra las Mujeres en la Política, No. 10235 of May 3, 2022) n) Ongoing actions aimed at guaranteeing and promoting the free exercise of the political rights of women and eradicating all forms of discrimination, sexism, segregation, gender stereotypes, and gender-based violence, in accordance with the Ley para Prevenir, Atender, Sancionar y Erradicar la Violencia contra las Mujeres en la Política and the international human rights conventions in force.

(Thus added the preceding subsection by Article 38 of the Ley para Prevenir, Atender, Sancionar y Erradicar la Violencia contra las Mujeres en la Política, No. 10235 of May 3, 2022) (The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original Article 275 to the present one) (Thus amended by Article 3 of Law No. 8901 of November 18, 2010, "Porcentaje mínimo de mujeres que deben integrar las Directivas de Asociaciones, Sindicatos y Asociaciones Solidaristas") (Note from Sinalevi: By resolution of the Sala Constitucional No. 4630 of April 2, 2014, Law No. 8901 of November 18, 2010, "Porcentaje mínimo de mujeres que deben integrar las Directivas de Asociaciones, Sindicatos y Asociaciones Solidaritas", which amended this numeral, was interpreted in the sense that the Directing Bodies of Civil Associations, Solidarity Associations (Asociaciones Solidaritas), Community Associations, and Unions, must be integrated respecting gender parity, progressively and whenever this is possible according to ideological freedom, the right of association, and according to the factual and proportional composition that each of the genders allows in the association in question.)

To appoint the Directing Board each year, whose members may be reelected.

(Thus amended the preceding subsection by Article 1 of Law No. 25 of November 17, 1944) To approve the initial drafting and subsequent amendments of the bylaws (estatutos); To give final approval, with respect to the union, to the conventions and collective contracts (convenciones y contratos colectivos) that the Directing Board enters into; To set the amount of ordinary and extraordinary dues; To declare legal strikes or lockouts (huelgas o paros); To agree to the union or merger with other unions; To approve or disapprove the annual budgets that the Directing Board must prepare; To authorize all kinds of investments exceeding one hundred colones, and Any others that are to its character as the supreme authority of the union.

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original 276 to the present one)

Said liability shall be joint and several among the members (personas integrantes) of the Directing Board, unless one of them saves their vote, recording it as such in the minute book.

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original 277 to the present one) (Thus amended by Article 3 of Law No. 8901 of November 18, 2010, "Porcentaje mínimo de mujeres que deben integrar las Directivas de Asociaciones, Sindicatos y Asociaciones Solidaristas") (Note from Sinalevi: By resolution of the Sala Constitucional No. 4630 of April 2, 2014, Law No. 8901 of November 18, 2010, "Porcentaje mínimo de mujeres que deben integrar las Directivas de Asociaciones, Sindicatos y Asociaciones Solidaritas", which amended this numeral, was interpreted in the sense that the Directing Bodies of Civil Associations, Solidarity Associations (Asociaciones Solidaritas), Community Associations, and Unions, must be integrated respecting gender parity, progressively and whenever this is possible according to ideological freedom, the right of association, and according to the factual and proportional composition that each of the genders allows in the association in question.)

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original 278 to the present one)

a. To keep books of minutes, members, and accounting, duly sealed and authorized by the Oficina de Sindicatos of the Ministerio de Trabajo y Seguridad Social; (The name of the Institute was thus amended by Law No. 3372 of August 6, 1964) b. To provide the reports requested by the labor authorities, provided they refer exclusively to their activity as such unions; c. To communicate to the Inspección General de Trabajo, within ten days following their election, the changes that have occurred in their Directing Board; d. To send each year, to the same Department, a complete roster of its members and indicate an electronic means for receiving notifications. Said electronic address must be duly registered and updated with the Ministerio de Trabajo and shall be used exclusively to receive notifications in the procedures for qualifying strike movements regulated in this Code and for the purposes of the procedure of Article 375 bis of this Code. The Ministerio de Trabajo shall provide public and online access to the list of electronic means established by each of the registered union organizations. In case of non-compliance with this requirement, the resolutions issued shall be deemed automatically notified.

Transitional Provision- For compliance with the obligation established in subsection d) of this article, a period of thirty days is established, counted from the entry into force of this law.

(Thus amended the preceding subsection d) by Article 1 of the Ley para brindar seguridad jurídica sobre la huelga y sus procedimientos, No. 9808 of January 21, 2020) e. To initiate, within fifteen days following the holding of the General Assembly that agreed to amend the bylaws (estatutos), the necessary procedures for their legal approval, in accordance with the provisions of Article 274.

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original 279 to the present one)

(The name of the entity was thus modified by Article 1 of Law No. 3372 of August 6, 1964.)

That they intervene in political- electoral matters, that they initiate or foment religious struggles, that they maintain activities contrary to the democratic regime established by the Constitution of the country, or that in any other way they infringe the prohibition of Article 263(*); (*) (Due to the amendment introduced to this Code by the Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, in which the numbering of several articles was shifted, the reference to Article 263 contained in this subsection must be understood as current Article No. 333.)

That they engage in commerce for profit, or that they directly or through another person use the benefits of legal personality and the fiscal franchises that this Code grants them, to establish or maintain canteens, gaming halls, or other activities at odds with union purposes; That they use manifest violence against other persons to compel them to join them or to prevent them from their legitimate work; That they foment criminal acts against persons or property, and That they maliciously supply false data to the labor authorities.

In the last three cases, any action that any aggrieved party may bring is preserved, so that the repressive authorities impose on those responsible the sanctions provided for by Article 257 of the Penal Code or others applicable to the illicit act that has been committed.

(The Ley Sobre Riesgos del Trabajo, No. 6727 of March 9, 1982, Article 2, transferred the original 280 to the present one).

(Thus amended by Article 2 of Law No. 2561 of May 11, 1960, "Convenios OIT Nos. 29, 81, 87, 88, 89, 90, 92, 94, 95, 96, 98, 99 y 100") (Law on Occupational Hazards, No. 6727 of March 9, 1982, Article 2, transferred the original 281 to the present, due to the amendment introduced to this Code by the Law on Occupational Hazards, in which the numbering of several articles was shifted) (The reference to Articles 273 and 275 should be understood as: current Articles 343 and 345)

a. Upon the fulfillment of the purpose for which they were constituted, and b. By the vote of two-thirds of their members, gathered in a General Assembly.

(Law on Occupational Hazards, No. 6727 of March 9, 1982, Article 2, transferred the original 282 to the present)

(The name of the Institution was thus amended by Law No. 3372 of August 6, 1964) (Law on Occupational Hazards, No. 6727 of March 9, 1982, Article 2, transferred the original 283 to the present)

It is understood that even after a union is dissolved, it shall be deemed to exist only insofar as it relates to its liquidation.

(Law on Occupational Hazards, No. 6727 of March 9, 1982, Article 2, transferred the original 284 to the present)

The liquidators, collectively, shall be deemed representatives of the association; they shall follow, to fulfill their task, the procedure indicated by the bylaws or by the respective Ministry and, subsidiarily, shall be subject to that established by ordinary laws, insofar as applicable.

(The name of the entity was thus amended by Article 1 of Law No. 3372 of August 6, 1964) (Law on Occupational Hazards, No. 6727 of March 9, 1982, Article 2, transferred the original 285 to the present)

(Law on Occupational Hazards, No. 6727 of March 9, 1982, Article 2, transferred the original 286 to the present)

(Law on Occupational Hazards, No. 6727 of March 9, 1982, Article 2, transferred the original 287 to the present)

The executive boards must guarantee the equal representation of both genders.

Unions, federations, and confederations shall have the right to affiliate with international organizations of workers or employers.

The bylaws of the federations shall determine, in addition to the provisions of Article 345, the manner in which the component unions shall be represented in the General Assembly; the articles of incorporation shall state the names and addresses of all the unions that comprise it. This list must be updated every six months for the purposes of subsection d) of Article 349.

(Law on Occupational Hazards, No. 6727 of March 9, 1982, Article 2, transferred the original 288 to the present.)

(Thus amended by Article 3 of Law No. 8901 of November 18, 2010, "Porcentaje mínimo de mujeres que deben integrar las Directivas de Asociaciones, Sindicatos y Asociaciones Solidaristas") (Sinalevi Note: By resolution of the Constitutional Chamber No. 4630 of April 2, 2014, Law No. 8901 of November 18, 2010, "Porcentaje mínimo de mujeres que deben integrar las Directivas de Asociaciones, Sindicatos y Asociaciones Solidaritas", which amended this article, was interpreted to mean that the Governing Bodies of Civil Associations, Solidarity Associations, Community Associations, and Unions must be integrated respecting gender parity, progressively and whenever possible in accordance with ideological freedom, the right of association, and according to the factual and proportional composition that each gender allows in the association in question.)

Any provision to the contrary adopted in the respective bylaws shall be absolutely null and void.

(Law on Occupational Hazards, No. 6727 of March 9, 1982, Article 2, transferred the original 289 to the present)

The Executive Board may delegate this legal standing to any of its members; and the delegation shall be proven by certification of the corresponding agreement.

(Thus amended by the sole article of Law No. 642 of August 7, 1946) (Law on Occupational Hazards, No. 6727 of March 9, 1982, Article 2, transferred the original 290 to the present)

To this end, it shall issue, by means of executive decrees, all provisions that are necessary, in occurring cases, to guarantee the effectiveness of the right to unionize.

(The name of the entity was thus amended by Article 1 of Law No. 3372 of August 6, 1964, and Law No. 5089 of October 18, 1972, also modified its name) (Law on Occupational Hazards, No. 6727 of March 9, 1982, Article 2, transferred the original 291 to the present)

The same penalty shall be applied, without need of prior warning, each time they violate any prohibitive provision of this Code, not sanctioned in another manner.

(Law on Occupational Hazards, No. 6727 of March 9, 1982, Article 2, transferred the original 292 to the present)

On the Protection of Trade Union Rights (Note: This Chapter was added in its entirety by Article 3 of Law No. 7360 of November 4, 1993, indicating that the numbering of subsequent articles be shifted; thus, the former Article 364 becomes the current 371 and so on up to 579, which becomes the current 586. The original Chapter III, titled "On Cooperatives," Article 363, had already been repealed in its entirety by the Law on Cooperative Associations No. 4179 of August 22, 1968)

Any act originating from them is absolutely null and void and ineffective, and shall be sanctioned in the manner and under the conditions set forth in the Labor Code, its supplementary or related laws for the violation of prohibitive provisions.

(Thus added by Article 3 of Law No. 7360 of November 4, 1993)

(Thus added by Article 3 of Law No. 7360 of November 4, 1993)

If it determines there is merit to hear the merits of the matter, it shall summon the parties involved or, if they have them, their legal representatives, to an audience in which all evidence deemed necessary shall be received.

(Thus added by Article 3 of Law No. 7360 of November 4, 1993)

For the purpose of safeguarding the rights protected by this Law, he/she shall request the imposition of the penalties provided for in current labor legislation, without prejudice to any other judicial measure that may be ordered.

If there is no merit to hear the merits of the matter, or the existence of unfair labor practices is not verified, the file shall be ordered archived, by means of a reasoned resolution. This resolution shall be subject to the ordinary remedies of revocation and appeal; the latter shall be filed before the Minister of Labor and Social Security, who exhausts the administrative procedure for all purposes.

(Thus added by Article 3 of Law No. 7360 of November 4, 1993)

• a)Worker members of a union in formation, up to a number of twenty who join the constitution process. This protection is for two months, counted from the notification of the list to the Department of Social Organizations of the Ministry of Labor and Social Security in the manner indicated herein, and up to two months after the respective registration request is filed. In any case, this period may not exceed four months. In order to enjoy this protection, the interested parties must notify, by a reliable means, the aforementioned Department and the employer of their intention to form a union, the name and qualifications of those who, in their opinion, should benefit from the protection.
• b)One officer for the first twenty unionized workers in the respective enterprise and one for each additional twenty-five unionized workers, up to a maximum of four. This protection shall be provided while they hold their positions and up to six months after the expiration of their respective terms.
• c)Members who, in accordance with the provisions of the bylaws of the respective union, present their candidacy to be members of its executive board. This protection shall be for three months, starting from the moment they communicate their candidacy to the Department of Social Organizations.

ch) In cases where no union exists in the enterprise, the representatives freely elected by its workers shall enjoy the same protection agreed upon, in the proportion and for the same period as established in subsection b) of this article.

(Thus added by Article 3 of Law No. 7360 of November 4, 1993)

The competent labor judge shall declare such dismissal null and void and ineffective and, consequently, shall order the reinstatement of the worker and the payment of back wages (salarios caídos), in addition to the penalties that may be imposed on the employer, in accordance with this Code and its supplementary and related laws. If the worker expressly states his/her desire not to be reinstated, he/she shall be entitled, in addition to the labor rights corresponding to a dismissal without just cause, to compensation equivalent to the wages he/she would have received during the period of protection not enjoyed, in accordance with the preceding article.

(Thus added by Article 3 of Law No. 7360 of November 4, 1993)

• a)Committing acts of coercion or violence against persons or property, or any other act aimed at promoting disorder or depriving a strike of its peaceful character.
• b)Attacking the assets of the enterprise.
• c)Inciting acts that cause the destruction of materials, instruments, or products of work or merchandise, or that diminish their value or cause their deterioration, or participating in them.

ch) Inciting, directing, or participating in the intentional reduction of output, in the interruption, or in the illegal obstruction of work activities.

• d)Unlawfully detaining persons or property, or using them improperly, in demonstrations or pickets.
• e)Inciting the destruction, disabling, or interruption of public or private facilities, or participating in acts that damage them.

(Thus added by Article 3 of Law No. 7360 of November 4, 1993)

Agreements made contrary to the provisions of this article shall not be registered or approved (homologados) by the Ministry of Labor and Social Security, nor may they be invoked against the unions.

(Thus added by Article 3 of Law No. 7360 of November 4, 1993)

PRESSURE MEASURES (Thus amended the former title by Article 1 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Note: The numbering of this Title was modified in its entirety by Article 3 of Law No. 7360 of November 4, 1993. Therefore, the former 364 becomes the current 371 and so on up to 384, which becomes 391.)

Legal and Illegal Strikes

• a)The defense and promotion of their economic and social interests.
• b)The defense of their rights in the collective legal conflicts indicated in Article 386.

Political strikes or those without a direct connection to the employment relationship or labor breaches attributable to the employer shall be illegal.

In addition to the contractual strike, a strike whose purpose is to protest against public policies shall also be permitted, provided such policies directly affect the economic or social interests of the workers. In this case, the requirements of Article 377 of this Code must be met, except for prior conciliation. This type of strike may not last more than forty-eight hours, nor may it be repeated for the same reason.

The regulation of the preceding paragraph shall not affect the right to hold marches, rallies, meetings, or other demonstrations permitted by the legal system that are carried out during non-working hours, without any restriction on duration.

The foregoing provisions shall also not affect the right of independent workers or persons not linked by an employment relationship to demonstrate.

Apart from the cases indicated in this article, atypical strikes shall not be permitted, and no other type of strike shall be considered legal.

No strike involving blockades on public roads, preventing access to public facilities or services, engaging in sabotage of public property, perpetrating conduct constituting a criminal offense, or making it impossible for workers not on strike to exercise their right to work shall be considered peaceful.

(Thus amended by Article 1 of the Law to Provide Legal Certainty Regarding the Strike and Its Procedures, No. 9808 of January 21, 2020)

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, “Reforma Procesal Laboral”.)

Workers participating in the strike are prohibited from absenting themselves or withdrawing without justification to carry out personal or family activities unrelated to the purposes pursued by said movement. Once the strike has ended, the employer shall have a period of one month to proceed in accordance with the provisions of Article 414 of this Code.

(Thus amended by Article 1 of the Law to Provide Legal Certainty Regarding the Strike and Its Procedures, No. 9808 of January 21, 2020)

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Differences arising in these between employers and workers, as well as in all other cases where strikes are prohibited, shall be obligatorily submitted to the knowledge and resolution of the Labor Courts.

(The Constitutional Chamber, by resolution No. 1696 of June 23, 1992, declared this article unconstitutional ".with respect to public administrations with a public-law employment regime." ".Likewise, the Chamber deems it necessary to clarify that workers, laborers, and employees who do not participate in the public management of the administration are excluded from this regime, when they are contracted by the State in the exercise of its Private Law capacity." According to the content of the judgment, the procedures for resolving collective conflicts of an economic and social nature are not entirely applicable to administrations governed by public employment law, nor to other administrations, as long as the omissions referring to the lack of an adequate administrative labor regime in accordance with our constitutional text are not corrected, and an express administrative rule is not created allowing the State to submit to arbitration tribunals in order to resolve collective conflicts.)

In this case, within twenty-four hours following the suspension of work, the employer shall be obligated to request the Labor Court to issue an order directing the workers to immediately return to work. The request shall be accompanied by the corresponding evidence to prove the essential service status.

The Office of the Attorney General of the Republic shall also have standing to directly promote the indicated action.

Within twenty-four hours following receipt of the request indicated in the first paragraph of this article, the judicial authority shall grant a hearing of twenty-four hours to the counterparties, who shall be notified in accordance with Article 349, in the case of unions, or in accordance with Article 377, in the case of temporary coalitions of workers.

Once the period of the preceding paragraph has elapsed, the judicial authority shall have twenty-four hours to rule on the request filed. If the request is denied by the Court on the grounds that it is not an essential service, the judge, in the same resolution, shall order the processing of the case under the strike qualification procedure. If the request is granted, the judge shall order the workers to immediately return to work.

Both the judicial order and the denial of the request may be subject to appeal. This must be filed within a maximum period of two calendar days and shall be admitted only with devolutive effect.

In any case, the appeal must be filed before the same Labor Court, which shall forward it to the corresponding superior court. This latter authority shall summon the parties to an oral hearing within the following forty-eight hours, so that they may express the corresponding grievances, and shall issue the final resolution, orally, at the conclusion of the proceeding.

Under no circumstances may the periods established in this rule be extended.

(Thus added by Article 2 of the Law to Provide Legal Certainty Regarding the Strike and Its Procedures, No. 9808 of January 21, 2020)

By their essential nature, strikes shall be absolutely prohibited in the following services:

• a)Health services, at all levels of care, that provide direct and comprehensive assistance to the user, including hospitalization and home medical care services, outpatient consultation, medical examinations, laboratory and diagnostic tests, all types of medical-surgical services, medical and/or therapeutic treatments, as well as rehabilitation, pharmacy, scheduled and unscheduled appointments and care, emergencies and urgencies, laundry, linen, cleaning, patient food services, security, medical records, archiving, ambulance and user transport services, and, in general, all activities or functions performed by workers carrying out services whose interruption could endanger the life or health of persons.
• b)Public safety services, including police services, judicial police, guarding of public facilities, security, investigation, traffic police, coast guard, as well as the custody and care of persons deprived of liberty in any of the places where they remain.
• c)Air traffic controllers and immigration control at airports, ports, and border posts.
• d)Rail and maritime transport services, loading and unloading at docks and piers of medicines, medical supplies or equipment, and perishable goods, tankers or fuel vessels or other energy sources, and public paid passenger transport services in the form of bus and train, for the duration of the journey.
• e)Firefighters, search services for missing persons, victim rescue, and disaster and/or emergency response services, as well as emergency calls.
• f)Services necessary to guarantee the supply of drinking water, sanitary sewerage, and wastewater treatment.
• g)Services necessary to ensure the supply of electrical energy to consumers, including the repair of faults, as well as those necessary for the provision of telecommunications services.
• h)Services indispensable for the importation, transport, distribution, and supply of fuel, the repair of faults affecting the described services, and supply at the depot to marketers or final consumers.
• i)School canteen services, as well as protection, care, and/or shelter services for children and adolescents, older adults, persons with disabilities, or those in a state of vulnerability.

(Its numbering was shifted by Article 3 of Law 7360 of November 4, 1993, which added a Third Chapter to the Labor Code regarding the Protection of Trade Union Rights, changing from Article 369 to the current 376) (Thus amended by Article 1 of the Law to Provide Legal Certainty Regarding the Strike and Its Procedures, No. 9808 of January 21, 2020)

The State shall guarantee the continuity of the provision of all essential public services.

For the resolution of labor conflicts arising in the case of persons providing an essential public service, once conciliation is exhausted, workers and employers shall be obligated to resort to jurisdictional resolution of the conflict or to arbitration, in accordance with Articles 375, 429, 456 to 458, and 707 of this Code.

(Thus added by Article 2 of the Law to Provide Legal Certainty Regarding the Strike and Its Procedures, No. 9808 of January 21, 2020)

Without prejudice to the services reserved in Article 376, the following shall be classified as services of transcendental importance:

• a)The collection and treatment of waste and residues.
• b)The services performed by workers engaged in loading and unloading work at docks and piers.
• c)The recording and lifting of impediments to leaving the country, as well as permits to leave the country for minors.
• d)The preparation processes for holding national and cantonal elections, referendums, plebiscites, or popular consultations, within the indispensable timeframes so as not to impede their holding.
• e)Banking services for deposit and withdrawal of money.
• f)The administration of justice services.
• g)Customs services and services for attending to passengers and their belongings at ports, airports, and border posts.

The execution of a strike in this type of service shall be conditioned on the continuous provision of a minimum services plan.

(Thus added by Article 2 of the Law to Provide Legal Certainty Regarding the Strike and Its Procedures, No. 9808 of January 21, 2020)

The setting of minimum services shall be defined by agreement of the parties, based on technical criteria, considering the personal and territorial extent of the strike, its duration, modality of execution, the nature of the service, and any other relevant factor, in accordance with the criteria of necessity, reasonableness, and proportionality.

This agreement must be formalized in a document that the parties must file, prior to the suspension of work, with the Department of Labor Relations (Departamento de Relaciones Laborales) of the Ministry of Labor and Social Security (Ministerio de Trabajo y de Seguridad Social), for its custody.

If there is no agreement on the setting of minimum services, either party may request the labor judge to define the minimum service plan. This setting shall be carried out by the judge within a peremptory period of three days, after a hearing with the opposing party. Said resolution shall be appealable before the Labor Tribunal (Tribunal de Trabajo) within the following twenty-four hours. The tribunal shall resolve the appeal within a maximum period of three days.

Once the minimum services scheme is defined, the employer shall determine the workers who must perform the respective duties.

The setting of the plan or scheme of minimum services and the provision of labor in accordance with it does not prejudge the condition of legality or illegality of the strike that is ultimately carried out. However, the non-provision of the established minimum services shall, by itself, determine the illegality of the strike movement.

The unjustified abandonment or neglect in the performance of duties by the workers designated for the minimum provision of services under this article or the services under Article 376 quinquies shall be deemed a serious offense to the labor relationship.

The maximum duration of a strike in services of transcendental importance is ten calendar days; if, upon reaching this deadline, no agreement exists for the resolution of the conflict, the procedure established in Article 707 of this Code must be followed.

(Thus added by Article 2 of the Law to provide legal certainty regarding the strike and its procedures, No. 9808 of January 21, 2020)

Throughout the duration of the strike, the necessary personnel must be maintained so that each educational center remains open and in basic conditions of cleanliness and safety. In the case of special education, adequate care and assistance must be ensured in consideration of the persons' disability condition.

The plan for the provision of basic cleaning and safety services, the services required in special education, as well as the official who will be responsible for the coordination, supervision, and oversight of each educational center during the strike, shall be defined in advance by a general agreement of the parties, which shall be based on technical criteria and formalized in a document that they must file with the Department of Labor Relations (Departamento de Relaciones Laborales) of the Ministry of Labor and Social Security (Ministerio de Trabajo y Seguridad Social), for its custody.

If there is no agreement on the setting of the plan for the provision of said services, either party may request the Labor Court (Juzgado de Trabajo) to establish it, providing the corresponding information and technical criteria. This setting shall be carried out by the court within a peremptory period of three days, after a hearing with the opposing party. Said resolution shall be appealable before the Labor Tribunal (Tribunal de Trabajo) within the following twenty-four hours. The tribunal shall resolve the appeal within a maximum period of three days.

In accordance with the general agreement between the parties or, failing that, the judicial resolution, the director of the educational center, jointly with the supervisor of the corresponding school circuit or, failing that, with the regional director, shall be responsible for specifying the persons who will provide the services. Additionally, the official designated for the supervision and oversight duties of the educational center may coordinate with the Education Board and/or Administrative Board (Junta de Educación y/o Administrativa) so that it contributes to all the functions legally corresponding to it.

The strike in education services may be exercised for a period of up to twenty-one consecutive calendar days or ten discontinuous calendar days; once these periods have expired, the workers must return to their duties and, if no agreement exists between the parties, they must settle their disputes in accordance with the conflict resolution procedures indicated in Article 707.

(Thus added by Article 2 of the Law to provide legal certainty regarding the strike and its procedures, No. 9808 of January 21, 2020)

• a)Observe the requirements set forth in Article 371.
• b)Exhaust one of the procedural conciliation alternatives established in Article 618. In the legal conflicts indicated in Article 386 that give rise to a legal strike, this requirement shall be deemed satisfied through the formal notice (intimación) that the union, the unions, or, as the case may be, the coalition of workers gives to the employer, granting a period of at least one month to resolve the conflict.
• c)In the case of public services, they must also have delivered to the employer, with a copy to the Ministry of Labor (Ministerio de Trabajo), a written note of "strike notice" that includes: the start date of the movement, the days and hours in which the strike will take place, the union organizations or coalitions representing the workers, the employer and the affected workplaces, the modality of the strike, and other details indicated in Article 378. The strike notice must necessarily be delivered in writing at least five business days before carrying out the movement. If it concerns one or more unions that individually or collectively hold the affiliation of fifty percent (50%) of the workers, in accordance with subsection e) of Article 346, a certified copy of the minutes of the general assembly of the union or unions calling the strike must be provided.

In the case of a temporary coalition of workers, the "strike notice" must necessarily contain an email address for receiving notifications, which shall be used for communications and notifications by the employer, the administrative authority, and judicial bodies in the strike qualification procedure. The omission of indicating an electronic means for receiving notifications shall necessarily entail the application of automatic notification by the administrative or judicial authority. In the case of a union, for notification purposes, the provisions of subsection d) of Article 349 of this Code shall apply.

In every strike, without exception, the requirements indicated in this Code must be met; otherwise, it cannot be declared legal.

(Thus amended by Article 1 of the Law to provide legal certainty regarding the strike and its procedures, No. 9808 of January 21, 2020)

In these cases, the days and hours of suspension, as well as the modality of the strike, must be communicated in writing to the employer prior to its commencement, directly or through the Ministry of Labor and Social Security (Ministerio de Trabajo y Seguridad Social).

Under no circumstances may a strike be repeated for the same reasons as one previously carried out.

(Note from Sinalevi. In accordance with Voto N° 026385 of August 20, 2025, the Constitutional Chamber (Sala Constitucional), regarding the repetition of the strike, regulated in the preceding paragraph, declared that it "is not unconstitutional, provided it is interpreted that the expression 'for the same reasons' does not prevent the holding of a new strike when there is a change of circumstances or a breach by the employer.") (Thus amended by Article 1 of the Law to provide legal certainty regarding the strike and its procedures, No. 9808 of January 21, 2020)

Of Legal and Illegal Lockouts

In cases of essential services, the applicable disciplinary sanctions may be executed from the moment the judicial order provided for in Article 375 bis of this Code becomes final (firmeza).

The strike suspends the employment contracts with respect to the workers who are participating in the movement; consequently, said workers shall not be obliged to provide their services, nor shall the employer be obliged to pay remuneration.

If the final judgment declares that the reasons for the strike are attributable to the employer due to serious breaches of the employment contract, the employer must pay the wages corresponding to the days the strike lasted.

In no case shall the employer be ordered to pay the wages of workers who have declared a strike in essential services.

The amortization of the wages subject to reimbursement shall be carried out within the periods established in the second paragraph of Article 173 of this Code. If the head of the entity (jerarca) determines that it is more convenient to satisfy the public purpose, the partial or total recovery of the time not worked may be agreed upon, for which purpose said head shall issue a reasoned resolution specifying the manner in which the work, those responsible for it, and the supervision mechanisms for said recovery shall be carried out. A copy of this resolution shall be sent to the Comptroller General of the Republic (Contraloría General de la República) and the Ombudsman's Office (Defensoría de los Habitantes).

(Thus amended by Article 1 of the Law to provide legal certainty regarding the strike and its procedures, No. 9808 of January 21, 2020)

In cases where the strike has not been declared in the entirety of the workplace but in one of the departments, sections, or category of specific workers, the suspension shall operate only with respect to these.

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

• 1)If in the company, institution, establishment, or workplace there exists one or more unions that, individually or collectively, hold the affiliation of fifty percent (50%) of the workers, this shall be deemed satisfied if, in the general assembly of the calling union or unions, as the case may be, the call to strike is agreed upon in accordance with the provisions of subsection e) of Article 346.
• 2)If in the company, institution, establishment, or workplace there is no union that, by itself or jointly with others, holds the percentage indicated in the preceding subsection, a process of secret voting shall be called, in which all workers shall have the right to participate, with the exceptions indicated in the following article. This special voting procedure must be supervised by personnel from the National Directorate of Labor Inspection (Dirección Nacional de la Inspección de Trabajo), who must be present and attest to the legality of its compliance. In this case, the strike shall be deemed agreed upon if at least thirty-five percent (35%) of the total workers of the company, institution, or the respective workplace, as the case may be, have participated in the vote, and if it obtains the support of half plus one of the votes cast.

The employer shall be obliged to facilitate participation in the voting process, to provide the necessary time with pay to guarantee the free exercise of universal suffrage, and to refrain from intervening, directly or indirectly, in the voting process. The voting centers must be in a neutral location, preferably public and easily accessible.

• 3)In the case of strikes called by workers of the same occupation or trade, the procedure indicated in the two preceding subsections shall apply, but considering, exclusively, the total of the workers of the same profession or trade who work in that company, institution, establishment, or workplace.
• 4)The Ministry of Labor and Social Security (Ministerio de Trabajo y Seguridad Social) must ensure the transparency and legitimacy of this type of process; for this purpose, it must issue the corresponding regulations.
• 5)For the purposes of the verifications provided for in this article, in relation to the strike agreement, a notarial deed shall be required, in the case of subsection 1) above, or a report drawn up by the Labor Inspection (Inspección de Trabajo), in the case of subsection 2).

Any violation of this article shall constitute an unfair labor practice (práctica laboral desleal) under the terms of Article 363 and shall be penalized with the fine established in subsection 6) of Article 398.

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

For the determination of the minimum percentage for calling and supporting a strike, the following must be excluded:

• a)Workers who started working after the conciliation process began, those who are in a probationary period, those in positions of trust (de confianza), and those whose contract is suspended, with the exception of those suspensions that have occurred in application of Article 74. Also excluded are workers hired for a fixed term or for a specific task, provided they are not permanent workers with discontinuous hiring.
• b)Those who appear as employer representatives.

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

In this latter case, they may not begin carrying out the strike without the declaration of a legal strike being final. The workers or the respective union may also request the qualification (calificación) of the strike after its execution, and even after its conclusion, for the purposes established in Article 386.

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

In addition to the respective notification to the parties of the strike qualification procedure, for publicity purposes, the judicial authority shall order the publication of the operative part of the judgment in a digital medium at the expense of the petitioner.

Notwithstanding the foregoing, in the new contracts entered into by the employer, conditions inferior to those that, in each case, were in effect before the illegal strike was declared may not be stipulated.

(Thus amended by Article 1 of the Law to provide legal certainty regarding the strike and its procedures, No. 9808 of January 21, 2020)

The respective liquidation shall be carried out through the judgment execution process.

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

Legal and Illegal Lockouts

The lockout shall always comprise the total stoppage of the companies, establishments, or businesses in which it is declared.

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

• a)It empowers the workers to request their immediate reinstatement or to terminate their contracts, with the right to receive the applicable legal benefits and indemnities. The payment of the aforementioned amounts must be made by the employer or their legal representative within a maximum and non-extendable period of eight calendar days from the declaration of illegality.
• b)It obliges the employer party to resume work without delay and to pay said workers the wages they should have received during the period in which the work was improperly suspended.
• c)It gives rise, in each case, to the imposition of a fine of twenty to twenty-three monthly base salaries (salarios base mensuales), referred to in Article 398, according to the seriousness of the infraction and the number of workers affected by it, without prejudice to any other type of liability that the ordinary courts may declare against its perpetrators.

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

Common Provisions

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

In cases where the legality of the strike has not been declared for the entirety of the workplace, but for one of the departments, sections, or specific category of workers, the closure shall operate only with respect to these. As long as the movement has not been declared illegal, neither party may take the slightest retaliation against the other, nor prevent it from exercising its rights, in accordance with the provisions of Article 620.

In the event of an illegal strike or lockout, the competent tribunals shall order the police authorities to guarantee the continuation of work by all means at their disposal. If it concerns public services in the hands of private entrepreneurs, the Executive Branch (Poder Ejecutivo) may assume, for this purpose, temporary control thereof; for this, the competent court may appoint a suitable person as curator (curador).

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 1 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended the previous title by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.") INFRACTIONS TO LABOR LAWS AND THEIR SANCTIONS

Infractions (faltas) shall be constituted by the actions or omissions incurred by employers, their representatives and administrators, workers, or their respective organizations that transgress the norms provided in the Political Constitution (Constitución Política), international human rights covenants, and conventions adopted by the International Labor Organization (Organización Internacional del Trabajo), ratified by the Legislative Assembly (Asamblea Legislativa), and other labor and social security norms, without prejudice to any civil or criminal liability that may correspond to them.

Sanctions shall also be applicable to public officials of the Comptroller General of the Republic (Contraloría General de la República), the Regulatory Authority for Public Services (Autoridad Reguladora de los Servicios Públicos, Aresep), the Attorney General's Office (Procuraduría General de la República), or similar entities, who, in the exercise of powers of control, oversight, and binding advisory, cause the Public Administration to incur the commission of this type of infractions.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

| 1) From one to three monthly base salaries. | | 2) From four to seven monthly base salaries. | | 3) From eight to eleven monthly base salaries. | | 4) From twelve to fifteen monthly base salaries. | | 5) From sixteen to nineteen monthly base salaries. | | 6) From twenty to twenty-three monthly base salaries. | The term base salary used in this law throughout its articles, unless expressly provided otherwise, must be understood as that contained in Article 2 of Law No. 7337, of May 5, 1993, in accordance with what is established in this same Code.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

When the conduct is carried out by an employer representative of a legal-person employer or economic interest group, under the terms of Article 5 of this Code, the sanction shall also fall upon these as applicable, to whom the economic effects of the representative's infraction are jointly extended.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

In the case of refusal to provide reports, notices, requests, permits, verifications, or documents required under this Code and the labor and social security laws, so that the Labor authorities can exercise the control entrusted to them by said provisions, those responsible shall be sanctioned with the fine contained in numeral 1 of the table of sanctions contained in Article 398, provided that a warning with a fifteen-day period has been previously given.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

The sanction may be reduced, provided the offender commits to fully repairing the damage immediately.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended the previous title by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.") PROHIBITION TO DISCRIMINATE

(Thus amended by Article 28 of the Law for the protection of complainants and witnesses of acts of corruption against labor retaliation, No. 10437 of January 29, 2024)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

In these cases, whoever alleges discrimination must specifically indicate the factual basis on which their allegation is founded and the terms of comparison that substantiate their claim.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Regarding the Public Administration and other public-law institutions, any appointment, dismissal, suspension, transfer, exchange, promotion, or recognition carried out contrary to the provisions of this title shall be voidable at the request of the interested party, and the procedures followed regarding personnel recruitment or selection shall be ineffective to the extent they violate this title.

Any worker who, in the exercise of their duties related to recruitment, selection, appointment, personnel movements, or in any other way, engages in discrimination under the terms of this title shall commit a serious fault (falta grave) for the purposes of Article 81 of this Code.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended the preceding title by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

STATUTES OF LIMITATIONS AND EXPIRATION OF DISCIPLINARY SANCTIONS IMPOSED IN WRITTEN PROCEEDINGS

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In labor matters, the statute of limitations (prescripción) shall also be interrupted by the following causes:

• a)With the request for the dismissal letter, under the terms of Article 35 of this Code.
• b)The filing, by the worker, of the corresponding request for administrative labor conciliation proceedings before the Ministry of Labor and Social Security.
• c)In the case of actions derived from occupational hazards (riesgos del trabajo), the filing of the respective claim at the administrative level before the National Insurance Institute (INS).
• d)By any judicial or extrajudicial action for the collection of the obligation.
• e)No statute of limitations (prescripción) shall run while the worker is employed under the orders of the same employer.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the event that the employer must follow a disciplinary procedure, the intention to sanction must be notified to the employee within that period, and from that moment, the month shall begin to run anew from the moment the employer or the competent body, as the case may be, is in a position to decide, unless the procedure is paralyzed or halted due to fault exclusively attributable to the employer, in which case the statute of limitations (prescripción) is applicable if the paralysis or suspension covers that period.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

That period shall run, for the former, from the occurrence of the respective event or from when they became aware of it, and, for the latter and other interested persons, from the moment they are in an effective position to claim their rights or exercise the corresponding actions.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The filing of the accusation before the labor courts continuously interrupts the statute of limitations period, until a final judgment is rendered.

The statute of limitations (prescripción) is also interrupted by any judicial action or extrajudicial action, in cases where a judicial process has not been filed.

The statute of limitations (prescripción) of the sanction imposed in a final judgment shall be governed by the provisions of Article 412.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended the preceding title by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

SPECIAL LABOR JURISDICTION

Organization, extension, and limits of the labor jurisdiction

General provisions

Within this scope is included the cognizance of all benefits derived from public employment relationships, for the collection or fulfillment of labor items, as well as challenges or nullities of acts or omissions of all public-law institutions or bodies, relating to said employment, when due to their material or substantive content and the applicable legal regime they must be heard before the labor jurisdiction.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The persons in charge of the bodies in this area shall direct the process in a protagonistic manner, driving it forward opportunely, seeking the real truth within established limits, giving it primacy over formal expressions, safeguarding the non-waivability of rights, and adequately applying the "pro-worker" rules ("in dubio pro operario", most favorable norm, and most beneficial condition), so that in the resolution of disputes, the Christian principles of social justice are fulfilled and the inequality of the worker is not expressed in the outcome of the process.

The Judicial Branch shall adopt the necessary measures to provide persons with disabilities or with difficulties in accessing justice or participating in processes, due to being in a state of vulnerability for any cause, the facilities or particular support they require for the exercise of their rights under equal conditions.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

However, the rule of the primacy of reality and the unwritten norms of the legal system may be invoked as a source of law, when possible, in accordance with Law No. 6227, Ley General de la Administración Pública, of May 2, 1978.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the processing of proceedings regulated by this Code, the courts must act quickly, accelerating the course of the case file (expediente) as much as possible. Failure to comply with the deadlines established for issuing resolutions, as well as any unjustified conduct that harms the application of the principle of celerity, may be considered a serious fault (falta grave) for disciplinary purposes, in accordance with Law No. 7333, Ley Orgánica del Poder Judicial, of May 5, 1993, and the corresponding judicial official may be declared liable for the damages caused.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Publications that must be made in the official gazette shall be free of charge.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Such formalities shall be deemed to include the excessive decree of nullities, the lack of application of the principle of remediation and conservation of the process when appropriate; the reiterated ordering of preventative measures that should have been made in a single resolution; the granting of procedural transfers not provided for by law; giving preeminence to procedural norms over substantive ones or applying formalities inconducively, and in general any abusive procedural practice.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The following are considered acts contrary to loyalty and committed in procedural fraud: abusive or repetitive lawsuits, incidental proceedings, or exceptions; the offering of false, unnecessary, or inconducive evidence to the object of the debate; the abuse of precautionary measures and any procedural mechanism; collusion; failure to comply with orders issued in the process; the use of any dilatory tactic; and failure to cooperate with the justice administration system in the production of evidence necessary for ascertaining the debated facts.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Civil procedural legislation and contentious-administrative procedural legislation, in proceedings against the State and institutions, shall be of supplementary application, to fill the normative gaps in this Code or to use procedural institutes not expressly regulated, which must be applied for the protection of the rights of the parties and the purposes of the process, on the condition that they do not contradict the text and procedural principles of this title.

In any case, if there is an omission regarding the manner of proceeding, the bodies of the labor jurisdiction are authorized to devise the most convenient procedure, so that a resolution can be promptly issued that impartially decides the claims of the parties, provided that due process is guaranteed to them. In any case, the exhaustive list of remedies set forth in this Code shall be respected.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Organization and functioning

Regarding their organization and functioning, in addition to the provisions of this Code, what is established in Law No. 7333, Ley Orgánica del Poder Judicial, of May 5, 1993, and the Estatuto de Servicio Judicial shall apply, as pertinent.

The trial courts (juzgados) shall hear, in the first instance, matters within their competence, regardless of the economic value of the claims, and shall serve as the basis, in the territorial circumscriptions designated by the Supreme Court of Justice, for the constitution of conciliation and arbitration tribunals.

The courts of appeal shall hear, in the second instance, the appeals that proceed in individual legal disputes heard by the trial courts (juzgados) and in the collective proceedings referred to in this Code; they shall have the seat and territorial competence assigned to them by the Supreme Court of Justice. Likewise, said bodies shall hear other matters indicated by law.

In judicial circuits where the volume of cases warrants it, the Supreme Court of Justice may entrust a specific office with hearing social security matters or another specialty, corresponding to the designated territory.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Competence

• 1)All individual or collective legal differences or disputes arising from the application of this Code and related legislation, from the employment contract, or from facts intimately linked to the respective relationships.
• 2)Economic and social disputes, once they are constituted as arbitration tribunals. They shall also have competence to definitively settle the same disputes, once constituted as a conciliation tribunal, as established in this Code.
• 3)Lawsuits filed to obtain the dissolution of social organizations.
• 4)Contentious issues that arise due to the application of social security legislation and its regulations, as well as those related to contributions to the Banco Popular y de Desarrollo Comunal, and the contributions established in Law No. 7983, Ley de Protección al Trabajador, of February 16, 2000.
• 5)Claims referring to different pension regimes.
• 6)Claims for occupational hazards (riesgos de trabajo) regulated in Title Four of this Code and those derived from labor insurance.
• 7)Trials of faults committed against labor or social security laws.
• 8)All other matters determined by law.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Travel expenses shall be borne by the interested party, except when it involves workers, in which case they shall be covered by the State.

Competence may only be extended (prorrogarse) to benefit the worker, never to their detriment. The filing of the lawsuit by that person in a specific jurisdictional body presumes that the corresponding territorial competence represents a benefit for them.

Without prejudice to the provisions of special norms, the territorial competence of the trial courts (juzgados) shall be determined according to the following provisions:

• 1)As a general rule, the competent court shall be that of the place where the services are rendered, or that of the plaintiff's domicile, at the latter's election.
• 2)If the services are rendered in places of different territorial circumscriptions, the plaintiff may choose between the place of their own domicile, that of the signing of the contract, or the domicile of the defendant.
• 3)In the case of occupational hazards, the competent jurisdictional body shall be that of the place where services are rendered, the domicile of the defendant, or the place where the hazard occurred, at the plaintiff's election.
• 4)If there are several defendants and the forum of their domicile is chosen, if it is not the same for all, the plaintiff may choose that of any one of them.
• 5)In proceedings against the State or its institutions, the competent court shall be that of the place where services are rendered or that of the plaintiff's domicile, at the latter's election.
• 6)The court of the domicile where the workplace is located shall be competent to hear collective disputes between the employer and worker parties, or among the latter themselves.
• 7)The qualification of a strike shall correspond to the court of the place where the events unfold. If they take place in different circumscriptions, cognizance shall correspond to any of the courts of those territories, at the applicant's election. If qualification is requested in different courts, the requests shall be accumulated ex officio or at the request of a party, to the one processed in the office that first took cognizance.
• 8)Actions to obtain the dissolution of social organizations shall be filed before the court of their domicile.
• 9)The court of the last domicile of the deceased person shall be competent to hear the proceedings for the distribution of their legal benefits and any other item that must be distributed in this jurisdiction.
• 10)Actions arising from a contract executed with Costa Ricans, for the provision of services or the execution of works abroad, shall be the competence of the court of the place in the national territory where the contract was concluded, unless a clause more favorable to the worker or their directly interested family members had been stipulated therein.
• 11)Accusations for infractions of labor or social security laws shall be heard by the labor courts in whose jurisdiction the fault or infraction was committed, or that of the domicile of the eventual responsible party, at the accuser's election.
• 12)To carry out preparatory acts, securing acts, or the application of any atypical precautionary measure, the competent court shall be that of the process to which they refer. However, in cases of urgency, the preparatory or securing acts may be filed before any other body with material competence, which may not, under any circumstances, excuse itself from hearing the matter. Once the act is carried out, the proceedings shall be transferred to the competent body.

In all cases where two or more bodies have competence to hear, by reason of territory, the same claim or dispute, the one that first heard the claim shall be considered the sole and definitive competent body.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Regarding waivable items, the estimates or fixations made in the lawsuit shall govern as limits that the labor bodies may not exceed.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

• 1)To hear claims of persons domiciled in Costa Rica, contracted for employment in the country to work outside the national territory. Included within this assumption are contracts initiated in the national territory and continued in other territories.
• 2)When the claims originate from employment contracts executed abroad, to be performed indefinitely and permanently, or for periods implying permanence in the national territory.
• 3)When the parties have so established contractually, provided that one of them is Costa Rican and at the same time there is some connecting criterion with the national territory.

In the assumptions of the three preceding subsections, national legislation shall always apply to the entire employment relationship, in what is most favorable to the worker.

• 4)When it results from international treaties or conventions or from the express or tacit extension that may operate under the terms of those instruments. In the case of extension, the legislative competence applicable to the substantive relationship must be respected, according to the contract or the norms and principles of international law, unless an express agreement states otherwise.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The delegation for the reception of evidence and any other act inherent to the hearing is absolutely prohibited, under penalty of nullity. The courts, however, may incorporate into the process, including during the hearing, when necessary, evidentiary elements including testimonies, through electronic means of communication, provided that the authenticity of the content of the communication is guaranteed and due process is not affected.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Consequently, they may not cause that competence to change, even if the factual circumstances existing at the time of instituting the process subsequently change.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

It may only be protested by the interested party when answering the complaint or counterclaim.

The exception of lack of competence shall be rejected outright when the claims asserted in the complaint or counterclaim are unquestionably of a labor nature. This resolution shall not condition the judge's criterion when resolving the corresponding claims in judgment, based on the evidence regarding the substantive relationship that serves as their basis.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Lack of competence by subject matter may be declared ex officio by the instance court up to the remediation hearing (audiencia de saneamiento). It is prohibited to declare lack of competence for that reason after that act is completed.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

7333, Ley Orgánica del Poder Judicial, of May 5, 1993, to resolve issues of competence between courts of different subject matters. It shall be necessary to substantiate the appeal, and in this regard, as well as for the processing of the challenge, the provisions for appeals in Articles 589 and 590 of this same Code shall apply.

The ruling of that body shall have no further appeal and shall be binding on the jurisdictions involved.

If the ruling of the trial court is not appealed, the body of the subject matter to which the competence is attributed may promote the respective conflict before the body indicated in the first paragraph of this article, within the peremptory period of five days, starting from the day following the date on which the case file (expediente) is received.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The exception shall be resolved once the term for summons has expired.

The resolution issued shall be appealable only when lack of competence is declared. If the protest is limited to competence regarding national territorial circumscriptions, the appeal shall be resolved by the Second Chamber (Sala Segunda) of the Supreme Court of Justice, and its decision shall be final and binding on the bodies of the other territorial circumscription, without it being possible to raise any conflict. If the exception was filed alleging that the matter is not the competence of Costa Rican courts, the appeal shall be heard by the body of the Supreme Court of Justice with competence to hear the appeal for cassation (recurso de casación) in labor matters.

If the court's decision is not appealed, it will be considered final and binding on the parties and, where applicable, the national court in whose favor jurisdiction has been established by reason of territory must assume cognizance of the proceeding, without being able to dissent through a conflict of jurisdiction.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

7333, Organic Law of the Judicial Branch, of May 5, 1993; but labor judges, in addition to the grounds indicated in said legislation, shall be subject to recusal in proceedings against the State or its institutions, when:

• a)They have participated in the active or omissive conduct that is the subject of the proceeding or have previously and publicly expressed an opinion on it.
• b)They have a relationship, within the third degree of consanguinity or second degree of affinity, with the authorities of the administrative hierarchy that participated in the conduct submitted for their cognizance and decision.
• c)They are in the same relationship with the authority or with the officials who have participated in the conduct subject to proceeding or reported on it.
• d)When, at the time the act giving rise to the proceeding was issued, they formed part as heads of the hierarchy of the body, organization, or company that issued it, or when they form part of one or the other, even if they did not participate in the decision.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

• 1)At the instance level, before the conciliation and trial hearing is held or before the judgment is issued in proceedings where this procedure is not conducted.
• 2)In appeals where an oral hearing is not provided for, before the corresponding vote is issued.
• 3)In appeals with an oral hearing, before the hearing is held.

Exceptions are made for cases in which the party has not been in a position to know the person before the hearing or oral proceeding. In these cases, the party may raise the challenge within five days after learning of that person's involvement.

Failure to file the challenge in a timely manner automatically extinguishes the right to protest and claim through any avenue for that same cause and renders any protest inadmissible, and the court must order it to be archived.

The challenge does not suspend the execution of the judgment or of what was decided before its filing, when it involves acts of mere execution.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

Parties to the Proceeding

Capacity and Representation of the Parties

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

In proceedings where any violation of the rights of workers under fifteen years of age is at issue, including those established in Chapter VII of Law No. 7739, Childhood and Adolescence Code, of January 6, 1998, as well as the prohibition established in Article 92 of that normative body, these persons shall be represented by their father or mother or by their legal representative and, in default thereof, by the National Child Welfare Agency (Patronato Nacional de la Infancia, PANI), which for that purpose shall designate an attorney.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

If they do not have one or the one they have has a conflicting interest, a legal aid attorney shall be appointed to represent them as curator, at no cost.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

To exercise the subjective rights of their members, the granting of sufficient power of attorney is indispensable.

To sue for the protection of collective legal rights, they do not require any power of attorney. Once the complaint is admitted for processing, anyone who has an interest in it shall be called to the proceeding to appear and assert their rights within the term of the summons (emplazamiento), by means of an edict (edicto) that shall be published in the Judicial Gazette (Boletín Judicial). In these cases, the summons period shall begin to run from the next business day after publication or notification, if the latter occurred later. At the same time, at least one notice shall be placed in a public and visible place in the area or sector involved, without prejudice to the notice that the plaintiff may give to easily determinable affected parties.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

When the designation of representatives with sufficient powers to litigate is made in the official gazette, it shall suffice for the representatives to invoke the publication as proof of their capacity and to affirm, under oath, that the designation has not been modified or rendered ineffective.

The Office of the Comptroller General of the Republic (Contraloría General de la República) may be sued jointly with the State or with the supervised entity, when the proceeding concerns labor disputes arising from their conduct, related to the exercise of their constitutional and legal competence, or from the exercise of their supervisory powers or superior oversight of the Public Treasury (Hacienda Pública).

When an entity issues an act or provision that, to become final, requires or has requested prior control, authorization, approval, or knowledge by a State body or another administrative entity, the latter shall be considered a co-defendant.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

Unless otherwise agreed or provided by law, the granting confers upon the attorney-in-fact the power to resolve the proceeding through conciliation, even if it has not been expressly stipulated.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

Benefit of Free Legal Aid (Beneficio de Justicia Gratuita)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

9289, Law of the Ordinary and Extraordinary Budget of the Republic for the Economic Year 2015, of November 29, 2014, shall have the right to free legal assistance, paid for by the State, for the protection of their rights in individual legal disputes. Administrative modifications made to that salary shall not be taken into account for these purposes until they are incorporated into said law. The economic limitation indicated in this rule does not govern for mothers and minors regarding the special State assistance to which they are entitled, nor for cases of discrimination in violation of the provisions of Title Eight of this Code.

For this purpose, a specialized section, completely independent from other legal areas, shall operate within the Department of Public Defenders of the Judicial Branch, with legal professionals called legal aid attorneys (abogados or abogadas de asistencia social), which shall be responsible for providing free legal representation to workers who meet the requirement indicated in the first paragraph of this rule. The Supreme Court of Justice shall establish, through an internal service regulation, the organization and operation of said section.

The resources required for the operation of that section shall not be considered as part of the resources corresponding to the Judicial Branch in the Republic's budget for its ordinary expenses and shall not be taken into account to establish budget limitations for it. The monies for personal costs (costas personales) generated in favor of the party sponsored by legal aid (asistencia social) shall be distributed as follows:

• a)Fifty percent (50%) of the total collected shall be assigned to the specialized section of the Department of Public Defenders of the Judicial Branch created in this article, for the universalization of its coverage throughout the national territory.
• b)The remaining fifty percent (50%) shall be deposited in the Support Fund for Alternative Dispute Resolution (Fondo de Apoyo a la Solución Alterna de Conflictos) created in this law.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

The person designated to handle a matter shall assume the role of professional director, with all the responsibilities that this entails, and in no case shall their professional fees be borne by the Judicial Branch. The organizations shall internally define the manner of providing the service, and it may be agreed with the organization to pay the fees in amounts lower than those set in existing fee schedules or to provide the service through the payment of a salary. If the sponsored party prevails, the personal costs imposed on the opposing party shall belong in full, unless otherwise agreed, to the attorney.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

Alternative Dispute Resolution (Solución Alterna de Conflictos)

In judicial proceedings, the courts have the duty to promote a conciliated resolution of the dispute, above the imposition that a judgment entails.

Extrajudicially, with the intervention of mediators from the Ministry of Labor and Social Security or from an alternative dispute resolution center—in the latter case with the presence of an attorney or a union representative assisting the worker—the parties may settle the rights in dispute, except for the rights indicated in the following article.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

The parties or their representatives shall attend the conciliation activity, to the exclusion of coadjuvants.

The representatives of State institutions must be accredited with sufficient powers to conciliate, granted by the competent body, which must be verified prior to the respective hearing, in the case of judicial intervention.

When it falls to the Office of the Attorney General of the Republic (Procuraduría General de la República) to conciliate, the express authorization of the Attorney General of the Republic or the Assistant Attorney General shall be required, who must first hear the advisory attorney (procurador asesor).

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

Actions Prior to Court Activity

Prior Alternative Resolution

The request for conciliation, duly filed with the cited Ministry, shall interrupt the statute of limitations (prescripción), which shall also not run while the matter is being ventilated at that venue, for a maximum period of three months.

They may also request the court to attempt resolution of the case through conciliation before the formal filing or processing of the proceeding, which shall be the responsibility of the same court, preferably handled by a specialized conciliation judge of the office or the respective judicial conciliation center. In this case, the proceeding shall be suspended for up to three months, a period during which no statute of limitations period shall run.

This rule is also applicable to employers, regarding the actions or lawsuits they intend to bring before the courts, but in the case of a counterclaim or joinder of claims, the suspension of the proceeding may only be agreed upon for the indicated three-month period to attempt conciliation, at the request of both parties.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

Exhaustion of Administrative Remedies (Agotamiento de la Vía Administrativa)

It shall be deemed exhausted, without the need for any express declaration to that effect, when:

• 1)The interested party does not make use, in time and form, of ordinary administrative remedies and the act becomes final at the administrative level.
• 2)All ordinary administrative remedies have been used in time and form.

When the act emanates in a single instance from a supreme hierarchical superior of the respective administrative body or entity, a motion for reconsideration (recurso de reconsideración) may be filed before the same body that issued the act, within a period of fifteen days.

The filed motion may be deemed dismissed and the administrative remedies exhausted, once one month has elapsed from its filing without a decision having been rendered.

• 3)The law expressly provides for it.

In the event that the exhaustion route is chosen, once the administrative remedies are exhausted, the plaintiff may sue for or assert all rights that may correspond to them, derived from the administrative conduct or from the act or acts subject to the challenge or lawsuit, even if they have not been expressly mentioned in the administrative proceeding.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

This defense must always be filed, under penalty of rejection outright, with supporting grounds, indicating and demonstrating in the same act the specific reason why the administrative discussion cannot be considered closed.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

Procedural Activity

Various Provisions

If the filing is processed electronically, the signature must be authenticated in the manner established by law for this type of document.

If the person does not know how to write or has a physical impossibility to do so, one or the other circumstance shall be noted in the filing, and another person shall sign at their request.

It shall not be required for the petitioner's signature to be authenticated by a legal professional authorized to litigate when the filing is submitted personally by the petitioner.

In any case, with the exceptions resulting from this law, signatures shall be authenticated by that of a legal professional authorized to litigate. If this requirement is omitted, the party shall be ordered to appear to authenticate them within a period of three calendar days, under the warning that, if they fail to do so, the filing shall be declared ineffective.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

Original documents, the loss of which could cause irreparable harm, shall be certified at the expense of the interested party, kept in the safe of the respective court, and shown to the opposing party if requested.

The court shall provide the parties with the facilities so that, at any time during working hours, they may obtain copies of the documents in the case files at their own expense.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

In procedural acts where a person participates who requires the use of LESCO language or indigenous languages, its interpretation shall be mandatory, as the case may be.

Documents drafted in another language and offered as evidence by the worker must be translated at the court's expense. Those offered by the employer under those conditions shall be translated at their own expense. These translations may be performed by a notary public, under their responsibility, if they know the language, in accordance with the provisions of the Notarial Code. The notary may not also be the attorney for one of the parties. When declarants do not speak Spanish or cannot communicate orally, the testimony shall be taken with the assistance of an interpreter at the expense of the proponent if it is the employer, or at the court's expense when the proponent is the worker. If the respective judicial circuit has interpretation services in the specific language, that interpreter shall assist, in either of the two mentioned scenarios, as part of their duties, the official responsible for receiving the testimony.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

If they appear as the plaintiff, the representative's capacity must be verified at the time of the first filing, and if as the defendant, it is sufficient for the plaintiff to state the name or business name in the complaint, in which case the notice of the complaint (traslado) shall be validly served at the business address on the person who, before the plaintiff, acted as representative, under the terms of Article 5 of this Code, or on the person who at that time is in charge of or attends to the public regarding the company's interests.

The burden of proving legal capacity lies with the defendant, who must do so when making their first appearance. If any omission exists, they shall be ordered to remedy it within three days, under penalty of considering the appearance ineffective.

It is a duty of the defendant, derived from the principle of procedural good faith (lealtad procesal), to make the necessary observations to the court regarding their name or business name, so that any corrections may be made as appropriate.

The absence of these indications shall not be grounds for future nullities, and pertinent corrections may be made at any time, even after a final judgment, provided the modifications to the procedural subjects do not imply substitutions that violate due process.

In cases where capacity is proven, notice of the complaint may be validly served on the representative at the business address, the workplace, or the residence.

It shall not be necessary to verify in the proceeding the capacity of the State or public entity appearing as plaintiff or defendant. Each court must maintain a register of capacities, for whose updating it shall make the pertinent orders.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

However, when this Code sets terms or deadlines in days for conducting judicial actions, it shall be understood that these are ordinarily business days according to the law.

Procedural decrees (providencias) and interlocutory orders (autos) must be issued within three days. The judgment at the hearing shall be rendered at the end of that activity, unless expressly provided otherwise, and in matters where a hearing is not held, it shall be issued within five days following the day on which the case is ready for judgment.

Those serving as heads of courts, those in charge of processing cases, and those working as their assistants shall ensure compliance with judicial deadlines and that all activities ordered in the proceeding are carried out promptly and correctly, so that the proceeding achieves its purpose in a timely manner; the foregoing, without prejudice to the responsibilities provided for in Law No. 7333, Organic Law of the Judicial Branch, of May 5, 1993.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

They may be sent by fax or other suitable means available to the court, without the need to submit the original, unless the opposing party alleges alteration of the filing.

Written filings mistakenly submitted to a court or office that is not the correct one shall take effect from the moment they are received by the body that must consider them.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

However, labor justice bodies may order, in cases of urgency, rapid forms of notification, through the court itself or through means of communication that guarantee the effective execution of the act.

Resolutions issued at oral hearings shall be notified orally, at the same time they are issued or at the time set for doing so.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

Defective Activity, Remediation, and Nullity Regime

The heads of courts shall ensure compliance with these provisions, in such a way that, at no time, is access to justice denied or the right of defense affected.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

• 1)For actions carried out by someone who lacks competence to perform them, because the law does not confer it and there is no possibility of extension (prórroga), or because their judicial power is suspended or has been extinguished in accordance with the law, or because a recusal (recusación) against the person who issued the act or participated in it has been granted.
• 2)For actions of collegiate tribunals carried out without proper composition.
• 3)For actions of someone who is barred from intervening in the proceeding, or of a tribunal in whose formation a barred member participated, provided the reason is evident in the case file or should be known to the official, and the period to file protests for this cause has not elapsed.
• 4)For what has been done in a proceeding when it has been conducted with a person lacking procedural capacity or with improper or insufficient representation.
• 5)For the lack of a summons (emplazamiento), defective notification that produces defenselessness (indefensión) to the parties or procedural intervenors, lack of notice to a party for any procedural activity that implies defenselessness, omission of transfer for referring to evidence and formulating, when provided for, closing arguments or statements of grievances.
• 6)For actions or proceedings in which the party or their attorney has been prevented, without just cause, from intervening.
• 7)For violation of the principle of immediacy (inmediación).
• 8)Regarding actions carried out against prohibitive norms.
• 9)When access to justice or the right of defense has been prevented in any way, or a violation of due process has occurred.
• 10)In other cases expressly provided for by law.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

If requested before the hearing, the court may decree it after hearing the opposing party for three days.

If the taking of evidence is necessary to evaluate the request made, and when nullity is requested during the hearing, it shall be substantiated in that procedural activity.

The petition for nullity of subsequent actions shall be processed in the manner indicated in the second paragraph of this article, and the taking of evidence shall be done at a hearing solely and exclusively when it is necessary to respect the principle of immediacy.

The nullity of resolutions, due to intrinsic defects, must be alleged concomitantly with the recourses available against the respective pronouncement. When there is no further recourse, the nullity must be requested within three days after the resolution is notified.

A petition for nullity that may be alleged after the proceeding has concluded shall be processed through the collateral proceeding (vía incidental).

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

If the nullity affects proceedings of a higher court, the latter shall be the one competent to declare it, and its decision shall have no further recourse.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the case indicated in subsection 4) of Article 471, the legally incapable (incapaz) or improperly represented party may take advantage of the outcome of the procedural activity insofar as it is favorable, through the ratification of the improperly performed acts by the legitimate representative.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Only in the cases of lack of capacity (falta de capacidad) of one of the parties, improper or insufficient representation, lack of service of process (emplazamiento), and defective notification of the latter to the party prejudiced by the outcome of the proceeding, resulting in effective lack of defense (indefensión), may the defect be asserted after a judgment having the authority of res judicata (cosa juzgada). In these cases, the right to petition for nullity shall expire within one year, commencing from the age of majority (mayoridad) of the party, when that party appeared as such while being a minor, if at the same time that party must have become aware of said outcome, and, in other cases, from the moment the party is capable of exercising their rights, if at the same time they are or have been aware of the judgment, or, in the opposite case, from the moment they reasonably should be considered to have known of its existence.

Nullity petitions that reiterate others already denied in other phases of the proceeding shall be disregarded and rejected outright, except those grounding some admissible means of challenge.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Evidentiary Regime

The parties, through conduct in good faith (buena fe), must cooperate with the courts of justice in gathering the evidentiary elements necessary to resolve with justice the conflicts submitted for their cognizance, and the heads of those bodies shall devote all their effort and diligence to achieving said objective.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The concept of burden (carga) must be understood as the obligation of the party to offer, provide, or present the proof at the appropriate procedural moment.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In all cases, the employer shall bear the burden of proving their assertions when there is no agreement on:

• 1)The date of the worker's commencement of employment.
• 2)The worker's employment seniority.
• 3)The position or post held and the nature or characteristics of the work performed.
• 4)The causes for the termination of the contract.
• 5)The delivery to the worker of the dismissal letter, indicating the reasons that motivated the termination of the employment relationship.
• 6)Full payment of salary obligations, including their amounts and components, when so required; profit-sharing, sales commissions, or collections; incentives and other bonuses, whether conventionally or legally established.
• 7)The type and duration of the working day.
• 8)The payment or enjoyment of holidays, rest days, leave, year-end bonus (aguinaldo), and vacations.
• 9)Compliance with obligations related to the social security system.
• 10)Justification of the objectivity, rationality, and proportionality of the measures or conduct identified as discriminatory in all complaints related to discrimination.
• 11)Any other factual situation whose evidentiary source is more easily accessible to the employer than to the worker.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In particular, the following may be offered:

• 1)Party's statement (Declaración de la parte).
• 2)Witness statements, including expert witnesses (testigos peritos).
• 3)Statements from public officials.
• 4)Expert opinions (Dictámenes de peritos).
• 5)Documents and reports from officials.
• 6)Judicial inspection (Reconocimiento judicial).
• 7)Scientific means.
• 8)Graphic or sound reproductions.
• 9)Party's confession (Confesión de la parte).

When the statement or confession of a party is requested, the facts on which the party is to be questioned must be specifically indicated.

Witnesses may be offered regarding general facts, up to a maximum of four, or regarding specific facts. In the latter case, only two witnesses per fact shall be admissible.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

If a conventional norm or internal regulatory norm of the defendant party is invoked as the source of a claim, its existence must be proven by the party asserting it. If necessary, at the request of the interested party, the employer shall be ordered, upon service of the complaint (traslado de la demanda), to provide a copy of the respective regulation. Failure to comply with this order shall be deemed an act of procedural disloyalty, and the existence of the norm or provision may be considered as existing, in the terms invoked by the plaintiff party.

Evidence validly produced or taken in one proceeding may be incorporated into another without the need for ratification, when it is impossible or unnecessary, at the court's discretion, to repeat it. The ratification of witness statements shall only proceed when the same parties did not participate in the prior proceeding, in which case the parties may ask such questions as they deem necessary at the act of ratification.

Administrative proceedings shall be incorporated as part of the judicial proceedings filed for the same cause and shall be taken as evidence, together with the elements of conviction incorporated therein, unless the challenge involves their invalidity and this is deemed valid.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The factual, legal, and equity grounds for the conclusions must be stated, as well as the reasons why lesser or greater value has been assigned to certain pieces of evidence over others.

Although the assessment must be carried out in a harmonious manner with regard to the body of evidence as a whole, it is forbidden to make a general reference to the latter as the sole basis for a conclusion, without specifically indicating the particular elements and legal principles that provide support.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

If the party fails to do so unjustifiably, their conduct may be deemed malicious, and the omitted documentation may be considered as supporting the opposing party's assertions.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

However, in cases concerning the payment of employer-worker contributions or the fulfillment of other obligations with social security, the labor courts must request, on their own motion (de oficio), the respective report from the Caja Costarricense de Seguro Social (CCSS).

Once evidence is received and prior to any resolution, it must be made known to the parties. The same rule shall apply to early or non-repeatable evidence (pruebas anticipadas o irrepetibles), provided that such evidence has been previously ordered, communicated, and directed by the respective judge, respecting the principles of immediacy (inmediación) and community of evidence (comunidad de la prueba).

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Joinder of Claims and Jurisdiction by Attraction

If two or more processes, connected to each other, are initiated separately, joinder shall proceed only if both are pending in the special labor jurisdiction and their procedural track is the same for all, provided that the hearing has not been held or the first-instance judgment rendered, in cases where there is no hearing process.

Joinder may be ordered on the court's own motion (de oficio), without any recourse, when the processes are pending in the same office; otherwise, the joinder procedure set forth in the civil procedural legislation shall apply.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

When a labor credit is claimed against a succession, insolvency proceedings (concurso), or a dissolved legal entity pending liquidation, a judicial proceeding may be initiated or continued in the competent labor courts, with the participation of the executor (albacea), receiver (interventor), insolvency administrator (administrador concursal), liquidator, or by the debtor themself, when permissible under the current insolvency law.

The jurisdictional body shall order, on its own motion or at the request of a party, the recording in the universal proceeding (proceso universal) of both the complaint and the judgment and liquidations, at the appropriate time.

The body hearing the universal proceeding shall remit to the labor court the proceeds of the liquidation necessary to cover the principal and the ancillary amounts established. The plaintiff party shall have standing to manage, within the universal proceeding, the liquidation of assets and the transfer of the necessary proceeds to their proceeding, for the satisfaction of the rights within it, or their direct payment, according to the order of preference established by law.

Labor credits shall not bear general administration expenses of the estate, unless the proceeds of the liquidation are insufficient to cover them.

(Thus amended by Article 74 of Law No. 9957 of April 14, 2021, "Ley Concursal de Costa Rica")

Precautionary and Anticipatory Procedures

It may also order any necessary preparatory or anticipatory measure for the preservation of the exercise of a future right, as well as any other atypical measure that does not exceed the limits of rationality and proportionality. In these cases, the court may prudently provide everything necessary to achieve the objective of the measure, so as not to overreach.

Regarding the typology of the measures, whether precautionary or preparatory, their effects, and the manner of carrying them out, substituting them, or lifting them, the provisions of the civil procedural legislation shall apply, with the exceptions indicated below.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

When implementing them, the courts shall act diligently so that the intended purpose is not frustrated, and they, in addition to the types provided for in common law, may use any other measure if deemed necessary to guarantee the potential future right.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

For the purpose of demonstrating "prima facie" the personal rendering of service and the truthfulness of the fact or facts on which the petition is based, that party must offer the testimony of two persons, as well as any other evidentiary element they deem important. The evidence shall be substantiated summarily in writing, even without the presence of the party against whom the measure is sought, and, when assessing the situation, the courts shall act prudently, so that the attachment is proportionate and is not used unnecessarily or abusively. The witness testimony produced shall only be effective to support the attachment measure.

If the attachment is requested as an act prior to the complaint, the complaint must be filed no later than ten days after the attachment is executed. If it is not filed, the measure shall be revoked on the court's own motion or at the request of a party, and the applicant shall be ordered to pay damages in the amount of ten percent (10%) of the attachment amount. These consequences shall be warned of in the initial resolution. The determination and collection thereof through the means of asset enforcement (apremio patrimonial) shall be carried out in the same proceeding.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

If it is requested prior to the complaint, the complaint must be filed within three days following notification; otherwise, it shall be lifted on the court's own motion or at the request of a party, and the petitioner shall be ordered to pay the corresponding damages. It shall be enforced in the same manner indicated in the preceding article.

The restraint (arraigo) shall consist of a judicial warning to the defendant that they must appear in court by appointing a legitimate representative, sufficiently instructed to sustain the proceeding and bind the represented party. In no case shall the restraint measure have effects contrary to the freedom of movement of persons.

In the case of legal entities or the Public Administration, the restraint shall only be decreed if there is no other attorney-in-fact or representative with sufficient power resident in the country.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The precautionary measure shall be admissible when the execution or continuation of the administrative conduct challenged in the proceeding may be a source of damages, current or potential, of difficult or impossible reparation.

The measure shall also be admissible in cases not governed by public law, when the validity or unjust nature of the dismissal act is challenged in a judicial proceeding and a rule of job stability is invoked.

The court, when ruling on the request, shall weigh not only the seriousness of the petition and the interests whose provisional protection is sought, but also the potential harm that may be caused to the public interest or the harmony or security of the companies, so as not to affect the operation of the organization or entity, nor good service, by ordering or maintaining unsuitable situations. When resolving these situations, the satisfaction of the public interest shall be considered a preeminent value.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

If the suspension of the effects of the act is sought, when the proceeding is given course, the administrative authority shall be ordered not to execute the act until the request is resolved, warning it that non-compliance will cause it to incur the crime of disobedience to authority and liability for back pay (salarios caídos). Notification may be legitimately made by any written means, including by the interested party themselves, if they provide proof of receipt of the communication to the court.

Reinstatement shall be governed, to the extent pertinent, by the provisions of the chapter regulating the enforcement procedure.

In all cases of violation of special protections against dismissal (fueros especiales de tutela), precautionary reinstatement shall be governed by the provisions of the procedure established for those cases.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Ordinary Procedure

Claims, Service, and Defenses

The complaint must be filed in writing or in electronic format, in the offices where cases are processed virtually. It must mandatorily contain:

• 1)The name of the plaintiff, their identifying details (calidades), their identification document number, and their exact domicile and address, if known.
• 2)The name of the defendant, their identifying details, and exact domicile and address. If it concerns a legal entity or a business organization, reference must be made to the name or trade name of the workplace and, if possible, the name of the person or persons under whose direction the work was performed.
• 3)An indication of the place where services were rendered.
• 4)The facts and background of the case, related to the object of the proceeding, set forth one by one, numbered and specified.
• 5)The claims (pretensiones) formulated, which must be stated clearly and separately from one another, indicating which are principal and which are subsidiary, in the event that the claim modality includes the latter. When damages are claimed, the cause giving rise to them, what they consist of, and their estimate must be specified, which estimate may be made prudentially.
• 6)The detailed offer of all means of proof. Documentary evidence must be presented at that same time. A court order may be requested in the complaint, which the court shall not deny unless the request is illegal, to obtain documented reports, certificates, or certifications of interest to the proceeding from public or private registries or archives. It is the party's obligation to directly manage the obtaining of such evidence. The recipients must be warned that they must comply with what is ordered within a maximum period of five days, under penalty of incurring the crime of disobedience to authority. The court shall decide, in each case, whether the evidence must be delivered to the party or sent by the recipient of the order directly to the court. Evidence may be produced by electronic means, directly by the court.

The party may propose expert evidence (prueba pericial) at their own expense, even in cases where, according to the law, an expert from the Organismo de Investigación Judicial (OIJ) must be appointed. If the offer is made by both parties, the appointment shall fall on the same person and shall be made in accordance with the provisions of the civil procedural legislation or through a list of three names (terna) to be requested by any means of communication, including electronic means, from the respective professional association. The offer of expert evidence by the parties does not exclude the designation of official experts, when so ordered or permitted by law.

• 7)The address for notifying the defendant party. If for this purpose it is necessary to commission another authority, the plaintiff party may arrange for the commission to reach the respective authority and provide it with the information required to carry out the act; otherwise, the court shall send it by certified mail or electronic communication.
• 8)When required, proof from which it can be inferred that administrative remedies have been exhausted.
• 9)The place, form, or electronic means for receiving notification of written resolutions.
• 10)The plaintiff party may estimate their claim as one of lower amount (menor cuantía), in which case the proceeding shall follow the special procedure regulated in Article 539 of this Code.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The archiving shall cause the matter to be terminated from a procedural standpoint, and it may only be readmitted for processing if the omissions or defects warned of are cured, with the complaint being considered as not filed for all purposes.

It shall also order the party to properly integrate the litigation (litis), when it is incompletely or incorrectly filed, and shall indicate the omissions incurred regarding non-waivable matters, so that, if the party sees fit, they may incorporate them as part of the complaint or counterclaim, until the preliminary phase of the hearing. However, when the defect in integration originates in a necessary passive joinder of parties (litis consorcio pasivo necesario), the integration may be ordered on the court's own motion.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the answer, it shall be clearly stated whether the facts are denied or admitted with variations or corrections, and all evidence of interest to the party must be offered, as well as the corresponding indication of the place and form or means for notifications. Regarding the submission of evidence by the party, the provisions for the complaint shall also apply, including with respect to expert evidence, in cases where an official expert must be designated.

Also, a counterclaim (contrademanda) may be presented in the answering brief. The latter can only be proposed in the ordinary procedure and shall be governed, to the extent pertinent, by the provisions of the two preceding articles, but a declaration of inadmissibility shall make its reiteration impossible within the same proceeding.

In cases of complaints related to legal collective conflicts, the provisions of Article 446 shall also apply.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Notification of said service to the counter-defendant at the place or means indicated for notifications is sufficient.

When the complaint and counterclaim are served, the party shall be warned that if they do not answer within the granted period or do not respond clearly, they shall be deemed to have acquiesced with respect to the facts not answered or not responded to as stated, which shall be taken as true in the judgment, unless the case file contains evidentiary elements that refute them.

Also, at that same procedural moment, expert examinations (peritaciones) to be carried out by official agencies, which are offered or which must be ordered because so provided by law, shall be ordered, and this shall be communicated immediately to the corresponding bodies so that they may perform them.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The service of process also creates a situation of pendency, during which and until the judgment becomes final, it shall have the effect of continuously interrupting the statute of limitations.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the case of dismissal, the employer may only allege as justifying facts for the termination those indicated in the dismissal letter delivered to the worker in the manner provided for in Article 35 of this same Code, or taken into account in the formal act of dismissal, when it has been preceded by a written procedure.

The failure to deliver the letter may be justified and the conduct attributed as the cause of the dismissal without liability may be alleged, if at the same time it is proven that a copy of the document was delivered to the office of the Ministry of Labor and Social Security (Ministerio de Trabajo y Seguridad Social), in the manner and within the terms indicated in Article 35 of this Code.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

1.- Arbitration agreement (Compromiso arbitral).

2.- Lack of jurisdiction (Falta de competencia).

3.- Failure to exhaust administrative remedies (Falta de agotamiento de la vía administrativa), when the party had opted for that procedure.

4.- Lack of capacity of the party, nonexistence or insufficiency of representation (inexistencia o insuficiencia de la representación).

5.- Existence of defects in the statement of claim or counterclaim that, in the judgment of the party raising it, prevent a valid pronouncement on the merits.

6.- Lis pendens (Litispendencia).

7.- Improper joinder of claims (Indebida acumulación de pretensiones).

8.- Inappropriateness of the chosen proceeding (Improcedencia del proceso elegido).

9.- Improper joinder of parties (Indebida integración de la litis).

The exception of lack of jurisdiction must be resolved before the hearing stage and the provisions of section III of the first chapter of this title shall apply.

The other preliminary exceptions shall be reserved to be heard at the preliminary hearing or in the preliminary phase of that procedural act in single-hearing proceedings, with the presentation of the evidence supporting them.

The inappropriateness of the chosen proceeding may also be raised sua sponte, for the purpose of guiding the processing of the case.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In this case, they shall be summarily considered in that same act.

Other substantive exceptions may also be raised at that same opportunity, when the facts on which they are based occurred after the answer or came to the knowledge of the party after the deadline to answer.

Those same exceptions may be raised at the trial hearing, when the facts supporting them occurred or were consolidated after the preliminary hearing.

The substantive exceptions of res judicata (cosa juzgada), settlement (transacción), and the exceptions of expiration (caducidad), expressly authorized by the substantive legal system, may be alleged up to the supplementary or trial hearing, in order to avoid the issuance of contradictory judgments.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Anticipated judgment (Sentencia anticipada)

When issuing the ruling, except in the case of acquiescence (allanamiento), the evidence existing in the case file that prevents the facts from being deemed admitted as presented in the claim shall be taken into account.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the latter, the admitted facts or those that must be deemed admitted shall not be debated.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

• 1)The claim has already been the subject of a ruling in a prior proceeding with the authority of res judicata (cosa juzgada), such that the new proceeding is a reiteration of the prior one.
• 2)The right had been previously settled (transado).
• 3)There is evidence of a sham claim or the purpose pursued in the proceeding is unlawful or prohibited.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

If in any of the cases dealt with in the two previous articles it is necessary to present evidence of facts supporting or rebutting the exception or the sua sponte intention, the decision shall be postponed until the hearing stage.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Hearings (Audiencias)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In that same resolution, a ruling shall be made on the admissibility of the evidence to be presented at the hearing and, as applicable, the fees of the non-official experts shall be set.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The service of the summons order shall be the responsibility of the party that offered the evidence, and the document must be delivered to the court office before the hearing, with due proof of the summons having been made.

Also, the intervention of judicial or police authorities to carry out the summons may be requested in writing from the court; proof of this must also be provided to the court office before the hearing is held.

If a party offers themselves, or has been offered, as a declarant, they must mandatorily appear at the hearing, without the need for any summons. Their failure to appear shall be considered an act of disloyalty and may be taken into account to deem as admitted the facts sought to be proven by the declaration, unless there are evidentiary elements in the case file that disprove them.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Nor may they reduce their wages for such reasons, provided that the workers show, in advance, the respective summons order and, subsequently, proof of attendance.

(Thus amended by the sole article of the Law to facilitate the administrative procedures of workers before the Ministry of Labor and Social Security, No. 10771 of November 4, 2025)

The fees of non-official experts, appointed at the request of the litigants, must be covered by the party proposing them, within five days following the admission of the evidence, under penalty of having it deemed unavoidably unpresented (inevacuable) by operation of law, if not timely deposited to the order of the court.

A party's refusal to submit to an evaluation or the obstruction of the practice of an expert report shall be deemed malicious or as an indication (indicio) of what is sought to be demonstrated, rebutted, or made doubtable.

With the exception of social security matters, in which the reports must always be submitted to the court in writing or digitally in complete form, in other proceedings they may be submitted in writing to the court or given orally at the hearing when it takes place. In the latter case, the expert must submit at least the conclusions of their report in writing. In all cases where a hearing is held, the experts have the duty, under penalty of ineffectiveness of the report, to appear at that act for the oral presentation of the expertise and to allow the adversarial process. In labor matters, Article 34 of Law No. 5524, Organic Law of the Judicial Investigation Agency (Ley Orgánica del Organismo de Investigación Judicial), of May 7, 1974, shall not apply, insofar as it grants jurisdiction to the Forensic Medical Council to hear on appeal the reports rendered by members of the Legal Medicine Department of said Agency, but the opinion of that Council may be sought, if so ordered for better provision. In this case, the report shall be presented in the manner provided in this section and shall be discussed, when necessary, with the participation of only one of its members.

The unjustified non-compliance of the persons appointed to perform the expert reports shall give rise to civil and labor liability, the omission being deemed a serious fault and sufficient grounds to exclude them from the respective panels of experts or to initiate the corresponding disciplinary proceeding.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

1.- Informing the parties of the subject matter of the proceeding and the order in which the issues to be resolved shall be heard.

2.- Clarification, adjustment, and correction of the propositions of the parties, when in the court's judgment they are obscure, imprecise, or omissive regarding inalienable rights, both in principal or accessory aspects, when this was previously omitted. If deficiencies are found in one sense or another, the floor shall be given first to the plaintiff and then to the defendant, so they may state what is in their interest.

3.- Attempt at conciliation. An attempt shall be made to persuade the parties to resolve the conflict through conciliation to the extent legally possible. For such purposes, they shall be informed of the advantages of a conciliated solution, without their statements constituting grounds for recusing the person judging. Statements made by the parties during the conciliation shall not be included in the record, and what they assert may not be interpreted as acceptance of the propositions made. The conciliation shall preferably be conducted by a judicial conciliator, should one exist in the court or the respective judicial circuit and be available, in which case they shall take it on in the same hearing, replacing the person directing it, for that single activity. If there is none, the conciliation shall be directed by another judge of the same office or by the person judging the case.

4.- If conciliation does not occur, the evidence deemed pertinent shall be received on: nullities not previously resolved, procedural defects invoked at the hearing, and preliminary exceptions not previously resolved.

5.- Immediately following, all those issues shall be discussed and resolved. If defects or omissions exist, the corrections, nullities, and reinstatements deemed necessary shall be ordered in a single ruling. When the fulfillment of omitted requirements or formalities is involved, the party shall be ordered to correct them in that same act or, if necessary, a prudential period shall be granted to comply. If what was ordered is not complied with, the inadmissibility of the claim or counterclaim and the archiving of the case file, as applicable, shall be ordered, in the manner and with the effects already provided. If lis pendens (litis pendencia) is declared procedent, the proceeding shall be deemed concluded and the archiving of the case file shall be ordered. If the inappropriateness of the chosen proceeding is ordered, the proceeding shall be given the corresponding orientation.

6.- Reception of the evidence on preliminary exceptions or reserved issues of unassessability (improponibilidad), and the early issuance of the corresponding ruling, which had been admitted when the hearing was convened.

If the same evidence is linked, in addition to the issue that can be resolved early, to the merits of the matter, the resolution of the point shall be reserved for the final judgment.

7.- A summary transfer shall be granted regarding the evidence added to the case file and that was ordered when processing the claim or counterclaim, and, as applicable, the evidence that the court deems indispensable as supplementary or for better provision shall be ordered, at the parties' indication or on the court's own initiative, provided that it relates to facts legally introduced for debate in the proceeding.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

• 1)The anticipated and unrepeatable evidence shall be read, which shall be incorporated into the debate by this means. This act may be omitted according to the provisions in this same section.
• 2)The admitted evidence shall be received:

2.1. First, the summoned experts shall be called, who first shall summarize their report, and then the expert report shall be discussed, the expert having to answer the questions asked by the parties. To do so, they may consult documents or written notes.

Additions and clarifications may be requested from the expert verbally.

2.2. Immediately following, the declarations of the parties and of the witnesses who have been proposed shall be received, in accordance with the facts or topics that correspond to each, as the case may be.

The declaration shall begin with a spontaneous statement by the deponent, giving the reasons for their testimony, and then the parties shall be allowed to ask them questions of interest, and finally, the person directing the debate may also re-question the witness on what they deem appropriate.

Both in the case of experts and declarants, the person directing shall moderate the questioning and avoid misleading, leading, repeated, excessive, impertinent, or undue questions, so that the right to question does not become an abuse contrary to the dignity of the persons and the principle of procedural speed.

• 3)The formulation of the parties' closing arguments shall proceed, for the time set by the court.
• 4)The operative part of the judgment shall be deliberated and issued immediately orally, and in that same act, the time and date, within the following five days, must be set for the incorporation into the case file and delivery to the parties of the full text of the ruling, which shall be written. When electronic technology is used, the ruling must be documented in the corresponding backup, so that it can be reproduced in writing or delivered to the party by another means. In complex proceedings or those with abundant evidence, as determined by the judge, the complete issuance of the judgment, including its operative part, may be postponed, non-extendable up to a maximum period of fifteen days after the conclusion of the trial.

When all parties declare themselves satisfied with the judgment in its operative part, they may release the court from drafting the other parts of that resolution, and express record of that conformity must be made.

(Thus subsection 4) above amended by the sole article of Law No. 9884 of August 20, 2020) 5) The judge who conducted the hearing of the proceeding under their charge shall retain jurisdiction to issue the judgment in that specific case, even when they have ceased to exercise their functions in that office, whether due to transfer, promotion, expiration of the appointment, or another analogous situation.

(Thus the preceding subsection added by the sole article of Law No. 9884 of August 20, 2020) 6) When, in the voting on a resolution by a collegiate court, no majority of votes in full agreement results on each and every pronouncement of fact or law, or on the decision to be rendered, a record shall be made thereof in the case file, without specifying the points of divergence. In this case, the court shall be completed with two alternate members. The new court, thus integrated, shall have broad jurisdiction to rule on each and every one of the issues subject to appeal, and the decision shall be taken by majority vote. For purposes of ensuring that majority in all cases, when the resolution has several points that depend on one another, having voted negatively on the earlier ones, on which there has been a vote, shall not be a reason to authorize the member who so voted to refrain from concurring with their opinion and vote on the resolution of the remaining ones, and when their vote is single, they must necessarily adhere to either of the other votes, in order to form the majority, without this forced adherence being able to bring them civil or criminal liability.

(Thus the preceding subsection added by the sole article of Law No. 9884 of August 20, 2020) (Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The decision must be reasoned.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Call to hearings and rules applicable to those acts

The party attending late shall take up the hearing at the point it has reached and may not request the repetition of acts already completed.

They shall be held in the existing office or courtroom for that purpose. However, the judges may order that the holding be in another place, if it is more convenient for a better development of the hearing.

The head of the body must ensure, during its holding, full respect for the principles of orality (oralidad); shall promote the adversarial process as an instrument for verifying the real truth; shall ensure the concentration of the different procedural acts to be held; and shall act as director of the hearing, opening and closing its stages, granting and limiting the use of the floor, ordering the important aspects that must be recorded in the record, and carrying out all necessary actions so that the debate proceeds orderly.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

A person with a special judicial power may appear in their place; however, when the party, in person or through the corporate representative, must appear as a declarant, their attendance is mandatory, under penalty of having the non-appearance deemed as a presumption of the veracity of the facts or topics subject to the declaration.

The non-attendance of the party who was obliged to attend may be justified, for the purposes of rescheduling the act of their declaration, only for reasons that truly prevent attendance, and provided that the justification is made before the appointed time and date, unless the facts motivating it occurred on the same day of the hearing, in which case they must immediately notify the court office by any means and justify it the following day.

The impediment of the lawyer must be proven in the same manner, and if what is invoked is another coeval judicial activity, it shall only be taken as just cause for not attending if that activity was ordered and notified previously.

Invoking personal or family interest activities as justifications shall not be valid.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In such case, all acts of the hearing that can be carried out shall be developed, and the evidence of that party and the testimonies of the persons offered by the opposing party who appeared shall be received.

If the defendant or counterclaim defendant does not attend a preliminary or single hearing, the exceptions or formal issues of prior resolution raised by that party, proper to be heard in the preliminary phase, shall be deemed withdrawn; but if they pertain to defects that prevent a valid resolution on the merits, the court shall order, sua sponte, the necessary corrections or integrations.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In these cases, the body may order supplementary evidence, or evidence for better provision, that is indispensable for correctly resolving the merits of the conflict, ordering for this purpose, if necessary and on a one-time basis, the extension of the hearing. If documentary evidence is ordered, a period shall be set for its presentation.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

If any party has more than one lawyer, the interveners must distribute their activity and the use of the floor among themselves, and inform the court of this in advance. Joint participation in a specific action is prohibited.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Except for the judgment, the remedy of revocation (recurso de revocatoria) shall be available against the resolutions issued in the hearing, which must be filed orally and resolved in the same manner, immediately.

Likewise, except in the case of the judgment, if an appeal (apelación) is procedent against any ruling issued in the hearing, this remedy must be filed orally immediately after the notification, and the point shall be definitively resolved if this is not done.

The appeal (alzada) shall be processed only in those cases where the ruling prevents the continuation of the hearing. In other cases, it shall be reserved to be heard jointly with the remedy that proceeds against the judgment, according to the currency of its interest.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

They are absolutely prohibited from carrying weapons or objects suitable for disturbing or offending, keeping mobile phones turned on, and adopting intimidating, provocative, or insinuating behaviors. If the person, despite having been warned, continues with the improper behavior, they may be expelled from the hearing, which shall result in them being considered absent from that moment on, for all purposes.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

• 1)The time and date of commencement of the proceeding.
• 2)The names of the parties and of the attorneys who are attending, the experts (peritos) and the declarants.
• 3)A concise description of the stages of the hearing and its development and, if it occurs, of the content of the conciliated resolution of the conflict.
• 4)The requests for revocation or the objections of the parties and the oral rulings of the court, regarding which a concise reasoning shall be provided.
• 5)The documentary evidence that is introduced at the hearing, which must be done by reading, to be performed by whoever is directing the hearing or the person assisting them. The reading may be omitted if the parties agree or when it is reasonably necessary to safeguard due process.
• 6)The name of the declarant parties, the witnesses, or the experts (peritos), their qualifications, and the identification document of each one.
• 7)The appeals filed by the parties. It must indicate, in a very specific manner, the grounds for the appeals (recursos), without prejudice to the appellant party developing them subsequently and timely in writing.
• 8)The operative part of the judgment and its reading, when it is delivered in the same hearing proceeding.

The record (acta) shall be signed by the person who has directed the hearing, the parties, and their attorneys. The other persons appearing shall sign an attendance document, which shall be added to the case file. If any person refuses to sign, or has withdrawn before the reading of the operative part of the judgment, that fact shall also be recorded in the record (acta). If the hearing has been recorded in audio and video, in lieu of the record (acta), a certification signed by the person who has directed the hearing and said parties shall be recorded, stating that the proceeding was held, with an indication of the hours and date of its taking place.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The courts must record the hearings through technological means that adequately guarantee the preservation of their contents and serve as an aid to memory in drafting the judgment.

The recordings shall be kept without erasure until one year after the final judgment has been executed, and the parties may obtain copies or reproductions at their own expense.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

• 1)The study and resolution of complex issues that arise during their course. These interruptions shall be made very briefly, in such a way that the unity of the proceeding is not affected.
• 2)To carry out the inspection of places or objects located at a site different from that of the hearing or to take the testimony of persons who cannot travel.
• 3)To attempt conciliatory agreements, if the parties jointly so request.
• 4)When, in the judgment of whoever is directing the hearing, it were absolutely indispensable to guarantee the right of defense of the litigants.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In this case, without the need for a party's request, the presentation of those witnesses through the Public Police Force (Fuerza Pública) shall be ordered.

At the same proceeding, the time and date for the continuation or rescheduling of the hearing shall be set.

If it concerns the broadening of the debate on exceptions or new issues, a ruling on the admission of the offered evidence shall also be issued at that same proceeding, and regarding it, the provisions of the foregoing rules shall apply.

Once the pending evidence or the new evidence that was admissible or introduced when appropriate has been produced, the floor shall be given to those present for the supplementation of the summation, and then the judgment shall be delivered, in the same form and terms provided in Article 518.

In these cases, the hearing shall be validly concluded with the parties who attend, and the remaining proceedings shall be conducted with them, in the manner already ordered.

The non-attendance of the parties shall not prevent the reception or introduction of the ordered evidence, and the delivery of the judgment may be done immediately or postponed, within the period provided in this Code.

The proceedings shall be recorded in a record (acta), which shall be recorded and signed in the same manner already ordered. Everything resolved shall be deemed notified to both the attending parties and those who failed to attend.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the event of death, incapacity, or any other fortuitous event or force majeure for which the judging person must be substituted before the delivery of the judgment, the court, with its new composition, must deliver the judgment in view of the audiovisual recording of the oral and public trial, for which purpose the period established in subsection 4) of Article 518 shall run anew.

If this recording is non-existent or incomplete, what was conducted and resolved shall be null and void, and therefore the oral and public trial must be repeated. The foregoing, except in the case of irreproducible acts and evidentiary proceedings, which shall maintain their validity in the new hearing.

(Thus amended by the sole article of Law No. 9884 of August 20, 2020)

Special rules applicable to social security claims

• 1)When assessments by official experts (peritos) are required, in the same order granting leave to answer the complaint, they shall be ordered to be made by the corresponding body, which shall be sent to the court in writing or by electronic communication that the competent official of that body shall be responsible for materially documenting in the case file and making known to the parties for three days.
• 2)The defendant party shall present, with the answer to the complaint, a complete copy of the administrative file, including therein the text of the medical or legal opinions, when they exist. If it fails to comply, a presumption of veracity or certainty of the facts whose proof depends on that documentation shall arise, unless there is evidence in the case file that contradicts it or there is just cause preventing the presentation.
• 3)Scientific opinions from private experts (peritos) may be ordered, at the request of the interested party as supplementary evidence or by the court on its own motion for better provision, but their cost shall be borne by the interested party.
• 4)The parties shall be summoned to a single hearing when evidence other than documentary evidence must be produced, when there are discrepancies regarding the expert (pericial) evidence, or when the court considers it necessary to fulfill due process.
• 5)All experts (peritos) who have intervened shall appear at the hearing.
• 6)If the summons to a hearing is not applicable, the judgment shall be delivered within fifteen days following the granting of leave for the answer to the complaint, the reply, or the documentary or scientific evidence.
• 7)When deciding, the administrative background and the cumulation of evidence adduced to the case file in the judicial venue shall be taken into account. In the event of a discrepancy between scientific opinions, the matter shall be resolved by applying the rules of assessment proper to this procedure and the applicable principles of the matter.
• 8)The benefits sought may only be assessed within the legal limitations and if the requirements demanded by the respective legal system are met.
• 9)When a specific social benefit is granted without being established in a liquidated form and some discrepancy subsequently arises, the determination shall be made by the jurisdictional body in the judgment execution phase, in which case the interested party must present the respective liquidation, indicating specifically the bases taken into account to make it.
• 10)The jurisdictional bodies must strictly ensure compliance with the time periods, and the parties obliged to grant social benefits shall have the duty to promptly execute the judgments that impose them and, should it be necessary in the execution procedure, provide all collaboration so that the determination can be made promptly.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Special proceedings

Small claims proceedings

• 1)They shall be processed in a single oral hearing.
• 2)The judgment shall be delivered orally and, unless one of the parties expressly requests the full written text of the judgment, only its operative part shall be recorded in writing, except in electronically processed proceedings, in which case that operative part shall be typed so that it can be reproduced in written form or in electronic backups.
• 3)The judgment shall be subject to an appeal before the Tribunal de Apelaciones and may also be clarified or supplemented at the request of a party or by the court on its own motion, under the terms provided in this Code.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Protection in special employment protections (fueros especiales) and safeguarding of due process

Within this provision are:

• 1)State servants in the civil service regime, regarding the procedure before the Tribunal de Servicio Civil that the legal system guarantees them.
• 2)Other public sector workers for the safeguarding of due process or similar protections (fueros), to which they are entitled according to the constitutional or legal system.
• 3)Women in a state of pregnancy or breastfeeding period, as established in Article 94 of this Code.
• 4)Adolescent workers, as mandated by Article 91 of Law No. 7739, Código de la Niñez y la Adolescencia, of January 6, 1998.
• 5)Persons covered by Article 367 of this Code and any other provision safeguarding union immunity (fuero sindical).
• 6)Complainants of sexual harassment, as established in Law No. 7476, Ley contra el Hostigamiento Sexual en el Empleo y la Docencia, of February 3, 1995.
• 7)Workers indicated in Article 620 of this Code.
• 8)Those enjoying any similar protection (fuero) by law, special rules, or collective labor agreement.
• 9)Complainants and witnesses, in accordance with the provisions of the Law for the Promotion of Complaints and Protection of Complainants and Witnesses of Acts of Corruption against Labor Retaliation.

(Thus the foregoing subsection was added by Article 27 of the Law for the protection of complainants and witnesses of acts of corruption against labor retaliation, No. 10437 of January 29, 2024) The safeguarding of due process may be sought through this proceeding when it is disregarded with respect to the protected persons referred to in this article.

Also, cases of discrimination for any cause against workers that take place at work or on the occasion thereof may be challenged in the summary proceeding provided in this section.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

• a)The due process for the persons indicated in subsections 1), 2), and 8) of the preceding article shall be governed by the administrative procedure of the competent agency according to the corresponding protection rule, except for the case of subsection 8) where a due process is not provided.
• b)The due process for the dismissal of the persons indicated in subsections 3), 4), 5), 6), and 9) of the preceding article must be processed before the Dirección Nacional de Inspección del Trabajo.

(Thus the foregoing subsection was amended by Article 28 of the Law for the protection of complainants and witnesses of acts of corruption against labor retaliation, No. 10437 of January 29, 2024) c) The due process for the persons indicated in subsection 7) of the preceding article must be processed before the respective labor court.

• d)Exceptionally, the due process body may order the suspension of the worker while the dismissal proceeding is being resolved, in cases where the alleged faults are of such gravity that they make the normal development of the employment relationship impossible.
• e)For the dismissal to be valid, the employer must prove the fault before the corresponding due process body and obtain its authorization by final judgment.
• f)Once the dismissal is authorized by final judgment, the employer shall have a preclusion period of one month to make use of the dismissal authorization, counted from the date the judgment becomes final.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The application for protection (tutela) for violation of due process, in the case of dismissal, shall be governed by the six-month statute of limitations period.

The signature of the applicant does not need to be authenticated by that of a legal professional, if the interested person personally presents the respective petition; but if it is necessary to debate in a hearing, legal representation must be available.

The petition must comply, as pertinent, with the requirements set forth for the complaint, except that referring to the exhaustion of administrative remedies, and include the name of the person, institution, body, department, or office to which the arbitrariness is attributed.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

No later than twenty-four hours following receipt of the petition, the judicial authority shall give it course, requesting from the institution, the authority, or the public bodies, or the sued person, a detailed report about the facts motivating the action, which must be rendered under oath within the five days following notification, accompanied by a copy of the documents that are of interest to the party and a certified copy of the administrative file, in the case of public employment relations, or of the due process file, as applicable, at no cost to the plaintiff.

In the case of proceedings with harmful results, the same resolution may order the suspension of the effects of the act, and the plaintiff shall be provisionally restored to their situation prior to the challenged act. This measure shall be executed immediately without the need for any guarantee and may be reviewed and modified at the request of the defendant, for reasons of convenience or evident public interest, or because, on provisional assessment of the situation, it is deemed that there is excluding evidence of discrimination, without prejudice to what is decided on the merits.

(*) (By resolution of the Sala Constitucional No. 011481 of May 17, 2023, the phrase in the preceding paragraph that stated: "made through the filing of the corresponding recourse" was declared unconstitutional. Likewise, said judgment indicates that in accordance with Article 91 of the Ley de la Jurisdicción Constitucional, and in order to avoid serious dislocations in legal certainty, justice, and social peace, the effects of this pronouncement are dimensioned so that they operate fully as of January 12, 2023, the date of publication of the first notice of admission of the action in the Boletín Judicial.)

When the action concerns acts of public administrations, even if not requested, the State or the corresponding entity shall be deemed as defendant, and the initial resolution shall also be made known to the Procuraduría General de la República or, as applicable, to the hierarchical body of the autonomous institution or organization that legally represents it, so that it may appear in the proceeding, within the same five-day period, to assert its rights.

If the action concerns proceedings of a private business organization, the report shall be requested from the person to whom, in management or administration functions under the terms of Article 5 of this Code, the illegal conduct is attributed, and they shall be warned that the notification has the effect of service of process for the employer and that the latter may assert its rights in the proceeding within the indicated period, through its legitimate representative.

The employer must present the certified copy of the due process file indicated in the preceding article, if the case concerns the violation of that right.

Notifications shall be made by the means authorized by law or by the interested party themselves, provided they do so with the support of the administrative authority of the Ministry of Labor and Social Security or the Police, which shall have the obligation to assist them immediately at no cost and to record their intervention. The labor courts may order immediate notification by a judicial assistant or an official designated for this purpose.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the opposite case, the report rendered and any response shall be made known for three days to the party promoting the proceeding.

If it is necessary to produce non-documentary evidence, its substantiation shall be carried out in a hearing, which shall be scheduled preferentially over matters of ordinary cognizance of the office. In such a case, the judgment shall be delivered at the opportunity provided for the substantiation of the proceeding in a hearing.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

If the effects of the act had not been suspended, the respective reinstatement shall be ordered, with payment of back pay (salarios caídos).

In the case provided for in Article 20 of the Law for the Protection of Complainants and Witnesses of Acts of Corruption against Labor Retaliation, the sanction corresponding to the employer shall be imposed.

If the action is dismissed and the effects of the act had been halted, its execution may be carried out once the denial ruling becomes final, without the need for any express authorization in that regard.

The favorable judgment in these cases does not prejudge the substantial or material content of the defendant's conduct, when the protection (tutela) refers solely to rights over a procedure, requirement, or formality.

(Thus amended by Article 28 of the Law for the protection of complainants and witnesses of acts of corruption against labor retaliation, No. 10437 of January 29, 2024)

When a claim for protection (tutela) corresponding to this procedure is filed, cumulatively with another or others whose processing must be carried out in the ordinary proceeding, it shall be severed and processed as provided in this section, without prejudice to the course of the other claims.

The protection (tutela), once granted in a final judgment, shall bring about the conclusion of the ordinary proceeding when a lack of interest occurs. In that case, the proceeding shall be concluded totally or partially, as appropriate, without an award of costs (costas).

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Distribution of benefits of deceased workers

The award of amounts of money for wages, compensation for unenjoyed vacations, and year-end bonus (aguinaldo), as well as any other item derived from the employment relationship, including mandatory savings and deposits in accounts of financial intermediaries originating from the employment contract, which by law do not have a different beneficiary, owed to the deceased worker, shall also be resolved in this proceeding, in favor of the successors or beneficiaries indicated in that rule, in the same order set forth therein. The same rule shall apply to amounts owed to deceased pensioners or retirees.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The petition must contain:

• 1)The name of the deceased person and that of the employer or the institution or agency owing the items to be distributed.
• 2)The name of the possible beneficiaries of the distribution, in accordance with the provisions of Article 85 of this Code, as well as their address. It must be indicated who are minors or incapacitated persons.
• 3)Proof of death and of the kinship that is of interest to accredit.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

• 1)The publication of an edict in the Boletín Judicial, in which any person who considers themselves to have an interest in the distribution shall be summoned and cited for eight business days to appear and assert their rights.
• 2)Notification to the interested persons indicated in the initial petition.
• 3)An order to the person or institution obliged to pay, that if it has not deposited the benefits to be distributed, it must deposit them in the bank account of the court office, within the following five calendar days.
• 4)If there are interested minors, notification to the Patronato Nacional de la Infancia (PANI), an institution that shall assume the guardianship of their interests in the event that they are in conflict of interest with any interested party exercising their legal representation.
• 5)If there are interested incapacitated persons not subject to guardianship, a legal professional from social assistance shall be appointed as their ad hoc representative.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

If a dispute arises over the right of participation, the question shall be resolved in the same case file, even if it involves the application of rules and institutions proper to family law. The pleading of better right or opposition must meet the requirements of an ordinary complaint, including that relating to the offer of evidence. The persons whose right is sought to be affected shall appear as opposing parties, to whom the complaint shall be transferred for five days. The conflict shall be judged summarily in an oral hearing, and the judgment must be delivered in the same form provided for the ordinary proceeding.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Authorizations

Regarding the petition, leave shall be given for three days to the person sought to be affected by the act, in the same form provided for a complaint. If the production of testimonial or technical evidence is not applicable, judgment shall be delivered within five days following receipt of the answer or the period to answer when the summons had not been answered. Otherwise, a hearing shall be convened, and in this regard, the provisions for this activity must be observed.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Procedure for the reinstatement of workers who suffered occupational hazards and legally mandated reinstatement

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the same resolution, that party shall be warned that within that same period it may object to the claim and offer, in such a case, the evidence that is of its interest.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the contrary case, once the submission period has concluded, the court shall resolve as appropriate within the following three days, unless some evidence must be collected, in which case the matter shall be substantiated in an oral hearing that must be scheduled at most thirty days after the response, and the court may order in the judgment to be issued the reinstatement (reinstalación), the relocation (reubicación), or the payment of benefits, as appropriate according to the verified factual situation.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

7600, Igualdad de Oportunidades para las Personas con Discapacidad, of May 2, 1996, and its regulations, those indicated in subsection a) of Article 392 of this Code, and any other persons who enjoy employment stability (estabilidad en el empleo) by special rule, collective instrument, or administrative resolution so declaring, may exercise their rights in this special procedure. The preceding rules shall apply in this regard, as pertinent.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The judgment: formalities, economic repercussions, and effects

Formalities of the judgment

It shall contain a preamble, a recitals section (parte considerativa), and an operative part (parte dispositiva). The preamble shall indicate the type of proceeding and the names of the parties and their attorneys.

In the recitals section, a synthesis of the claims (pretensiones) and defenses (excepciones) set forth shall be recorded. Then, the proven and unproven facts relevant to the decision shall be stated in a clear, precise, and chronologically ordered manner, indicating the evidence on which the conclusion is based, the reasons supporting it, and the evaluation criteria used, for which purpose a record must be left of the analysis of the various evidentiary elements presented, through a detailed and exhaustive explanation of each of them. Finally, in separate paragraphs, for each point, the factual, legal, doctrinal, and jurisprudential reasons shall be given, assessing the appropriateness or inappropriateness of the propositions, which shall be done in separate paragraphs, by topic. It is essential to cite the legal rules that serve as the basis for the conclusions on the appropriateness or inappropriateness of the claims or defenses proposed.

In the operative part, the ruling shall be pronounced and the items declared appropriate or denied shall be indicated expressly and separately, in dispositive terms, along with the decision corresponding to the defenses raised, and a ruling shall be made on the costs of the proceeding.

Second instance and cassation judgments shall contain a brief summary of the aspects debated in the decision being challenged, the arguments of the appeal, an analysis of the questions of fact and law proposed, and the corresponding decision, in the manner provided for in this same Code.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The court may establish that the judgment will be ineffective or decree that ineffectiveness subsequently, in the part of the award covered or satisfied prior to its issuance, if this is demonstrated.

In every pronouncement on economic items or those resolvable in money, the exact amount of the sums must be established at once, including the amount of the costs, interest, and adjustments corresponding up to that moment. Only exceptionally, when the data necessary to make the determination are not available at the time of the ruling, may an abstract award be made, and the bases for the subsequent liquidation shall be indicated.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Costs

If the judgment resolves the matter on the merits or upholds substantive defenses classified as preliminary, the personal costs may not be less than fifteen percent (15%) nor more than twenty-five percent (25%) of the liquid amount of the award or the acquittal, as the case may be.

In all other cases, as well as when the proceeding is not susceptible to pecuniary estimation, the determination shall be made prudentially.

To determine the percentage or the prudential amount, the work performed, the amount in dispute, and the economic position of the plaintiff and defendant shall be taken into account.

In matters that are inestimable but have economic significance, the determination shall be made based on the resulting amount up to the finality of the judgment, and if, as a consequence of the proceeding, the economic result continues to be generated in the future, up to fifty percent (50%) may be added to the determined amount, according to prudential criteria. If the economic result is insignificant, the determination shall be made prudentially based on the criteria mentioned.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

• 1)The litigation was conducted with evident good faith.
• 2)The claims partially succeeded.
• 3)There was reciprocal defeat.

The exoneration must always be reasoned.

A party may not be considered to have acted in good faith if it denied evident claims that the outcome of the proceeding indicates it should have accepted, did not attend the entirety of the hearing, adduced suborned witnesses or false witnesses and documents, or offered no evidence to justify its claim or defenses, if they were based on disputed facts.

The exoneration of costs shall be mandatory if a special rule so provides.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

However, in the case of the worker, the fees they must pay to their attorney may in no case exceed twenty-five percent (25%) of the economic benefit obtained in the judgment.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Interest, adjustment, and back wages

1.- The obligation to pay interest on the principal, at the rate established in Law No. 3284, Código de Comercio, of April 30, 1964, from the date the debt becomes due or from each installment when it is composed in that manner. If the award is for damages, the accrual of interest shall begin from the finality of the judgment. For obligations in foreign currency, the provisions of that same Code for obligations in United States dollars shall apply.

2.- The obligation to adjust the principal economic items, updating them to present value, by the same percentage by which the consumer price index for the Metropolitan Area, maintained by the official body charged with determining that percentage, has varied between the month prior to the filing of the complaint and the month prior to when payment is actually made.

The calculation of interest shall be made on the amounts awarded or resulting after their liquidation, before being brought to present value, and then the adjustment indicated in the last paragraph shall be made, solely on the principal items.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

This determination does not allow adjustments or indexation.

Also, the defendant must pay the prevailing party, from the finality of the judgment, the salary corresponding to them according to the employment contract and the rights derived from the accumulated seniority, which shall include the period between the dismissal and said finality, and in the future, the fulfillment of ordinary and extraordinary salary obligations must conform to the benefits corresponding to an unaltered relationship. The same rule shall apply to the enjoyment of vacations and any other right derived from the employment contract or the law.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In such case, only the difference shall be appropriate, if the salary they were receiving was lower.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Effects

Other judgments, unless the law establishes otherwise, shall produce only formal res judicata (cosa juzgada formal).

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Provisions on the abnormal forms of process termination

The provisions of civil procedural legislation on this matter shall apply, with the following modifications:

1.- Waiver, settlement, and conciliation shall only be considered valid and effective when they refer to alienable (disponibles) rights.

2.- The settlement (transacción) and conciliation must be homologated and the respective pronouncement has the character of a judgment, with the authority of substantive res judicata, and admits the appeal provided for that type of resolution. Once final, it shall be enforceable in the same manner as judgments.

3.- Abandonment is appropriate at the request of a party in contentious matters in which there is a seizure of property or some other precautionary measure with prejudicial effects of a patrimonial nature for the defendant, provided the abandonment is due to the plaintiff's omission in fulfilling some requirement or act without which the process cannot continue. It shall also be appropriate when these prejudicial effects for the defendant are not produced, even ex officio, when the process, once joinder of issue has occurred, cannot continue due to the fault of the party.

4.- Extrajudicial satisfaction may be considered ex officio or at the request of a party. If subsequently the act of acknowledgment is revoked or affected in any way, the interested party may request the resumption of the process from the stage it was in, without the need for any prior administrative procedure in the case of public administrations. If the claim should succeed, an award against the defendant for the payment of costs shall be mandatory.

In all these cases, except in conciliation agreements, the termination of the process shall be agreed upon after hearing the opposing party for three days.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Enforcement proceeding

Concrete or specific decisions, for whose compliance no additional activity to determine the scope is required, shall be enforced immediately after the pronouncement becomes final, ex officio or at the request of a party, orally or in writing.

Extrajudicial conciliation agreements that, in accordance with the law, have the authority of res judicata shall be enforced through this procedure.

When the determination of amounts has been reserved for the judgment enforcement phase, and in any other case of liquidation of sums of money, the interested party must present the corresponding appraisal or liquidation, respecting the bases established in the ruling or agreement and with the support of the evidence that is strictly necessary. The filing shall be transferred to the opposing party for three days, during which it may gloss each of the liquidated items and make the objections and offer the evidence it deems pertinent. If it is necessary to present expert evidence or testimony, the provisions for the ordinary proceeding shall apply and the matter shall be substantiated summarily in a hearing; in that case, the judgment must be issued in the same hearing or, at the latest, within the period indicated for the ordinary proceeding, under penalty of nullity of the hearing if that period is not met. In the contrary case, once the submission period is completed, judgment shall be issued within the term of eight days, after the response is filed.

When it is necessary to determine technical aspects, official expert witnesses (peritos oficiales) shall be used, and if there are none in the relevant field, they shall be appointed at the expense of the State.

When, by virtue of a final judgment, the breach of a collective bargaining agreement is declared, in the judgment enforcement stage, the plaintiff union must present the corresponding liquidation, including the liquidation of the damages caused to the individually affected workers.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The material execution of the seizure, when necessary, shall be carried out, with the character of a public official and as part of their duties or functions, without any charge of fees, by a judicial assistant (asistente judicial) of the court.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the event that a restructuring of positions has occurred, when reinstatement in the same position is impossible, the employer must make available to the worker the opportunity to choose another position of similar classification and identical salary to that which they held before the dismissal, according to the options organizationally available to the employer at that time. In case of impossibility, they must proceed to the payment of back wages, damages, and other labor rights according to the law. If the worker to be reinstated enjoys a special legal protection (fuero especial de protección), the claim of impossibility shall not be appropriate, so the provisions of Article 576 must be applied.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The administrative and judicial authorities must act immediately, setting aside any other occupation. Failure to fulfill this duty shall be considered a serious offense for disciplinary purposes. In all cases, a record shall be drawn up and a statement of what occurred shall be left.

Only in very qualified cases, when the workplace is in remote and difficult-to-access locations, shall the police authority be commissioned to verify the presentation, in which case it must be instructed on how to draw up the record. The judicial authority shall order any other measure it deems reasonable for the execution of the order.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In this case, the damages caused by the non-compliance must also be paid.

The court shall order that the non-reinstated worker continue to receive their salary with the same periodicity and amount as before the dismissal, with the salary increases that occur until the date of proper reinstatement. To this end, the court shall order enforcement, on as many occasions as necessary, for an amount equivalent to six months' salary, and the remuneration that becomes due shall be paid to the creditor from the proceeds of the enforcement, until, once the reinstatement has been carried out in a regular manner, it orders the return to the employer of the balance existing at that time.

The worker may opt, within that same period of eight days, for non-reinstatement, in exchange, in addition to the other benefits granted in the judgment, for the payment of notice and severance pay (cesantía) corresponding to them for the entire time worked, including the time elapsed until the finality of the judgment, only if they notify the court within the eight days following the finality of the judgment.

If the worker does not present themselves within the stated period of eight days, without just cause, and also does not exercise the option indicated in the preceding paragraph, the respective judicial resolution shall become ineffective regarding the payment of back wages from the finality of the judgment or resolution. In this case, as well as in the case of postponement, if the right to reinstatement is not exercised within one month and fifteen days after that finality, it shall also become ineffective.

If the worker is absolutely prevented from being reinstated, due to an event beyond their control, the back wages shall be limited to the date of the disabling event, unless the event was the result of a work-related hazard (riesgo de trabajo) or illness or a medical disability, in which cases the reinstatement shall be deemed to have been effected for all purposes.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the case of public servants, the refusal shall constitute a serious offense, justifying the dismissal or removal of the official who failed to comply with the order.

In the case of representatives of workers who have not been reinstated, the employer shall be ordered to refrain from limiting the representative work they were carrying out within the company, as well as all their functions protected by national legislation, and the employer shall be warned that, if they impede or place any obstacle to said exercise, their conduct, in addition to the provisions of the preceding paragraph, shall give the right to declare a legal strike, provided the requirements demanded for such purpose are met.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Correction and means of challenge of resolutions

Addition, clarification, and corrections

Correction ex officio may be made at any time, but before the notification of the pronouncement to the parties. The party's request must be made within three days following that notification.

The addition and clarification shall be limited to the omissions or obscurities of the operative part of the judgment and to contradictions that may exist between the recitals section and the operative part. The period for filing the appropriate appeal shall be interrupted and shall begin to run again with the notification of the pronouncement issued.

Other written resolutions may also be clarified or added to ex officio before their notification, and the parties may request additions, clarifications, or corrections within the indicated three-day period. In these cases, the assessment of the request is left to the discretion of the court, and the filing does not interrupt the periods granted in the resolution.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Means of challenge and time to assert them

If these are deemed inappropriate, a resolution must be issued.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The court shall have the same period to resolve the appeal.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

appealable:

• 1)Those that uphold preliminary defenses of lack of jurisdiction based on territory, lis pendens, inappropriateness of the chosen proceeding and lack of capacity of the party, or lack of existence or insufficiency of representation.
• 2)Those that resolve on defenses of lack of jurisdiction based on subject matter.
• 3)Those that deny or reject evidence.
• 4)Those that dismiss claims of nullity raised before the judgment, including during the hearing.
• 5)Those that resolve incidental proceedings, including autonomous ones, such as third-party claims (tercerías), and nullity proceedings when the defect must be alleged in that manner.
• 6)Those that order the intervention in the proceeding of procedural successors, procedural substitutes, or third parties.
• 7)Those that put an end to the proceeding through normal or abnormal resolution, except when the law grants the pronouncement the effectiveness of substantive res judicata.
• 8)Those that issue the final pronouncement in the enforcement of the judgment.
• 9)Those that approve the auction and order its execution.

10)Those that deny, revoke, or order the cancellation or granting of precautionary or interim measures (medidas cautelares o anticipadas).

(As amended the preceding subsection by Constitutional Chamber resolution No. 11481 of May 17, 2023) 11)Those that order the suspension, inadmissibility, inappropriateness, and archiving of the process.

12)Those that deny the proceeding chosen by the party.

13)Those that resolve, in a non-contentious manner, on the adjudication of the benefits of deceased persons.

14)In small claims cases, the judgments and other resolutions that put an end to the proceeding.

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(As amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

When they concern orders denying evidence or resolutions produced in the hearing whose direct effect is not the paralyzation or termination of the process, the filing of the appeal shall not prevent the continuation of the activity and the issuance of the judgment, and it shall be deemed filed with deferred effect, conditioned on the final pronouncement being lawfully and timely appealed. In such case, the appeal shall only be considered if:

• 1)The point challenged must transcend the outcome of the judgment, and the party that filed the appeal must appear as the appellant of the judgment and reiterate that appeal in its recourse.
• 2)The judgment must admit the cassation appeal (recurso de casación), and the ground for disagreement must be part of, or constitute one of, the defects that can be raised as grounds for cassation.
• 3)The party that filed it must not appear as the challenger because it was the victorious party, and because of the admissibility of the recourse of any other litigant, the objection regains relevance. In such a case, it will be considered a contingent appeal (apelación eventual).

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

7333, Organic Law of the Judicial Branch (Ley Orgánica del Poder Judicial), of May 5, 1993. In all other cases, as well as in proceedings for workplace risks, regardless of their amount, the judgment only admits the appeal (recurso de apelación) before the competent appellate court.

The cassation appeal (recurso de casación) and the appeal (recurso de apelación) must be filed before the trial court; the former within ten days and the latter within three days, starting from the notification of the judgment.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

1.- Any of the defects for which the nullity of proceedings is appropriate, provided that these have been alleged in one of the preceding phases of the proceeding and the claim has been dismissed.

2.- Incongruence of the judgment or absolute obscurity of its operative part. In cases of incongruence, the recourse is only admissible when the procedure for addition or clarification has been exhausted.

3.- Lack of a clear and precise determination of the facts proven by the trial court.

4.- The judgment having been based on illegitimate evidentiary means or on evidence introduced illegally into the proceeding.

5.- Lack of reasoning or insufficient reasoning in the judgment.

6.- The judgment having been issued in non-observance of the rules established in the third paragraph of Article 537.

(Thus amended the preceding subsection by the sole article of Law No. 9884 of August 20, 2020) (Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The cassation court may also make a comprehensive assessment of the evidence; for this, the hearing must be recorded in audio and/or video.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Reformatio in peius is prohibited.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Formalities and Procedure for Appeals and Cassation Appeals

The cassation appeal (recurso de casación) must specify, in the same manner, the grounds on which it is considered that the legal system has been violated and on which the nullity and eventual revocation of the challenged judgment proceed; formal claims shall be made first, followed by substantive ones.

In no case will it be necessary to cite the legal norms considered violated, but the claim must be clear in the reasons why the party considers itself affected. Errors that may be committed in the mention of norms will not be grounds for declaring the recourse inadmissible.

If there is a reserved appeal (apelación reservada), the respective grievance must be maintained.

The grounds for the recourse may not be modified or expanded and will define the scope of the debate and the jurisdiction of the appellate court to decide.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

When the higher court is located in a different territorial jurisdiction, the same resolution will warn all parties who receive notifications at a specific place and not by an electronic means of communication to indicate an address for receiving such notifications at the court hearing the recourse, and will give them the corresponding warnings should they fail to do so.

The indication of electronic means will be valid for all instances.

The case file will be sent to the corresponding court once the summons period has elapsed.

An untimely recourse will be rejected outright by the trial court.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

First, it will review the formal admissibility of the recourse, the procedure, and the proposed nullity issues, and may order nullities only if the defects constitute essential violations of due process. In all cases, it will order the necessary corrections and will preserve all proceedings not affected by the defect or that can be remedied.

Next, if it is not appropriate to declare the inadmissibility of the appeal or any nullity, restitution, or correction of proceedings, it will issue the corresponding ruling on the other grievances of the recourse.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

When any documentary evidence is ordered, once the evidentiary items are received, they will be transferred to the interested party for three days.

In cases where it is necessary for the application of the principle of immediacy, the ordered evidence will be received in an oral hearing with the parties summoned. The aforementioned period will run after the transfer or the hearing.

The provisions of this rule will be applicable, as pertinent, to the procedure of the appeal (recurso de apelación).

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The latter will be processed promptly, and the cost of non-official expert reports must be covered by the party that requested the evidence. Such evidence will be transferred to the parties for three days.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

First, issues relating to procedure will be resolved. If the nullity of the judgment is deemed appropriate, the omitted defects or deficiencies will be specified, and the case file will be returned to the court so that, after any ordered restitution is made, the hearing is repeated and a new judgment is issued, unless the nullity is alleged from the first instance, in which case the case file will be returned to the trial court.

When nullity on the merits proceeds, the judgment will be quashed, in whole or in part, and in the same resolution the process will be decided or the quashed part will be resolved, when there is no impediment to supplying the corresponding resolution based on what has been substantiated.

In the contrary case, the recourse will be dismissed, and the case file will be returned to the trial court.

The nullity of the judgment will only be ordered when it is not possible to correct the error or omission based on the case file and with respect for the principle of immediacy.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The cassation appeal (recurso de casación) will have suspensive effects.

The rules of the appeal against denial of leave to appeal (apelación por inadmisión) will apply, with the pertinent modification, to the cassation appeal (recurso de casación). No further recourse is available against the ruling of the appellate court or the cassation court.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Cassation Appeal in the Interest of the Legal System

The recourse may be filed, at any time, by the Attorney General of the Republic, the Comptroller General of the Republic, the Ombudsperson for Inhabitants, or the National Directorate of the General Labor Inspectorate of the Ministry of Labor and Social Security, by the trade union confederations duly registered with the Department of Social Organizations of the Ministry of Labor and Social Security, and by the unions of business chambers that are accredited before the proceeding. The respective filing must contain the clear and precise reasons why the legal system is deemed to have been violated, as well as a specific indication of the legal norms considered breached. The trade union confederations and the unions of business chambers will be given a hearing regarding the recourse, by means of a notice that will be published in the Judicial Bulletin (Boletín Judicial) only once.

The judgment issued will not affect legal situations deriving from the appealed judgment, nor will it affect consolidated legal situations. If favorable, it will be limited to establishing the correct interpretation and application of the legal system and must be published in a specialized section of the official gazette La Gaceta, and it will not imply liability for the courts that resolved differently.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Review

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Resolution of Individual or Collective Legal Disputes through Specialized Arbitrators

For this purpose, an arbitration agreement (compromiso de arbitraje) must be signed, which must contain at least the description of the legal dispute submitted to arbitration, the specifications referred to in subsections a), c), d), e), and g) of Article 607 of this Code, as well as an express declaration by the parties that the subject matter of the arbitration consists of rights that do not have the character of inalienable rights.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Likewise, an arbitration agreement regarding inalienable rights will be absolutely null. Among others of that nature according to the legal system, social security benefits and indemnities for the benefit of workers, their family members, and other persons who have the status of heirs under civil law are considered inalienable, unless they involve benefits exceeding those provided for in the indicated provisions, arising from agreement, contract, custom, or usage.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Such proceedings must be processed and decided in accordance with the principles inherent to labor law, both in matters of substantive law and concerning the principles of procedural law, unless they involve public employment relationships, in which case the principles of labor law will apply insofar as they are compatible with the principles and sources of public employment law.

Once the agreement referred to in this chapter is signed, the arbitral tribunal will be the sole competent body to hear the respective dispute. The entitled party may raise the plea of lis pendens (excepción de litispendencia) if a claim regarding the same dispute is filed before the ordinary courts.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The tribunal may be, at the parties' choice, single-member or multi-member and will be chosen from a list of at least twenty persons maintained by the Ministry of Labor and Social Security. In the case of single-member arbitration, the selection will be made, unless otherwise agreed by both parties, by the competent authority of the Ministry of Labor and Social Security or the respective arbitration center, and, in the case of a multi-member tribunal, each party will designate one person from said list, and the two designees will choose a third, who will preside over the tribunal.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

7727, Law on Alternative Conflict Resolution and Promotion of Social Peace (Ley sobre Resolución Alterna de Conflictos y Promoción de la Paz Social), RAC, of December 9, 1997, and its amendments, must be met.

The list indicated in the previous article will be constituted by public competition. The appointment will be valid for five years, and members may be removed if they unjustifiably refuse to serve in a specific case.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

• a)The full name, corporate name, or business name of the parties, their address, and other identifying details.
• b)A statement of the facts on which the request or dispute is based, specified separately.
• c)The petition that the dispute be resolved by arbitration.
• d)The subject matter on which the arbitrator(s) hearing the case must rule.
• e)The designation of the person(s) proposed as arbitrators.
• f)The evidence of the facts that, according to this Code, the party is responsible for proving.
• g)Indication of an office or means for notifications.

An authentic copy of the arbitration agreement (compromiso arbitral) must accompany the request.

It is not necessary to indicate the applicable law in the arbitration agreement (compromiso arbitral), although the parties may indicate the norms they consider useful for resolving the matter.

The request will not be processed until all these requirements are met.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The determination of these fees will be governed by the following table:

Seven point five percent (7.5%) on the first one million colones of the amount of the financial claim; five percent (5%) on the next two million colones; two point five percent (2.5%) on the excess up to five million; one percent (1%) on the excess up to fifty million colones; and zero point fifty percent (0.50%) on the excess over that sum.

In proceedings concerning unquantifiable claims, the determination of fees will be made prudentially, and when quantifiable and unquantifiable claims are accumulated, the estimation will be made considering both.

The determination will be made by the authority of the respective arbitration center before processing the request, and the parties must deposit their corresponding share within the five days following notification.

Notwithstanding the provisions of the first paragraph, when the Fund for the Support of Alternative Dispute Resolution created in this law acquires the necessary solvency, its income may be allocated to cover the fees of the arbitrators for workers, as established in the corresponding regulation.

The Supreme Court of Justice may update, at least every five years, the aforementioned scale, considering the variation in the consumer price index.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

When the defendant fails to respond or deposit the corresponding fees, the person proposed by the other party will act as the sole member of the arbitral body, and the proceeding will develop with the intervention of the requesting party, provided it has complied with that obligation, in which case only its evidence will be received. The opposing party may appear in the proceeding at any time and take up the proceeding in its current state, and exercise the procedural rights that can be asserted at the time of appearance.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The award (laudo) will be issued in the form and terms also provided for in this Code for the ordinary proceeding. The only recourse against the award (laudo) will be before the competent cassation chamber for labor matters, for procedural defects or for the violation of inalienable rights.

If the recourse on procedural grounds is admissible, the proceeding will be remanded to the arbitral tribunal to repeat the trial and issue a new award, for which it will not be entitled to charge additional fees.

If the violation of inalienable rights is proven, the Chamber will, in the same judgment, make the corresponding restitution, when appropriate.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

7727, Law on Alternative Conflict Resolution and Promotion of Social Peace (Ley sobre Resolución Alterna de Conflictos y Promoción de la Paz Social), RAC, of December 9, 1997, and its amendments, to the extent they do not contradict the provisions of this chapter and, in general, the principles and norms of labor law. The operation of the arbitration centers referred to in this chapter will be governed by what is established by regulation.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Such centers will have their own lists of arbitrators and will otherwise be governed by the provisions of this chapter.

The operation of arbitration centers, in general, will be established by regulation.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Resolution of Collective Economic and Social Conflicts and the Conciliation and Arbitration Procedure

Means of Resolution

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Direct Settlement

To this end, workers may form permanent councils or committees at each workplace, composed of no more than three members, who will be responsible for presenting grievances or requests to the employers or their representatives, verbally or in writing. Said councils or committees will always conduct their efforts courteously and, when appropriate, the employer or its representative may not refuse to receive them, as promptly as possible.

Whenever one of the councils or committees referred to in the preceding paragraph is formed, its members will inform the Department of Labor Relations of the Ministry of Labor and Social Security, by means of a note they will sign and send within the five days following their appointment.

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The submission will be made by the employers and, failing that, by the workers, either directly or through a political or local labor authority.

The General Labor Inspectorate will ensure that these agreements do not contravene the legal provisions that protect workers and that they are rigorously complied with by the parties. Contravention of the agreement will be sanctioned with a fine of one to three monthly base salaries, in the case of workers, and from twelve to fifteen monthly base salaries, in the case of employers, as established in subsections 1) and 4) of Article 398 of this law, without prejudice to the complying party's right to demand before the labor courts the execution of the agreement or the payment of damages caused.

(Thus added by Article 4 of Law No. 7360 of November 4, 1993) (Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Conciliation Procedure

This delegation will be entitled to bring the conflict judicially or alternatively before the Department of Labor Relations of the Ministry of Labor and Social Security, or before the conciliation body (órgano conciliador) that the parties designate at their own expense.

(Thus added by the sole article of Law No. 8107 of July 18, 2001) (Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The latter is obliged, under penalty of dismissal, to make the corresponding submission as quickly as possible.

The official who receives the list from the delegates will give them a certification of the exact time of delivery.

The original will be sent immediately by the delegates to the other party affected by the issue likely to provoke the conflict.

In that same list, they will indicate the name of a person, who must meet the requirements indicated in this title, to form part of the conciliation tribunal (tribunal de conciliación).

(Thus added by the sole article of Law No. 8107 of July 18, 2001) (Thus amended by Article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Whoever violates this provision shall be sanctioned in accordance with the provisions of this title, according to the severity of the reprisals taken and the number of persons affected thereby, and shall pay for the damages and losses caused.

As of the moment referred to in this article, any termination of employment contracts must be authorized by the body hearing the conflict, in accordance with the procedure established in this same Code for granting authorizations.

The provisions of this article shall apply during conciliation, arbitration, strike, or the procedure, in the case of a failed collective bargaining agreement.

(Thus added by the sole article of Law No. 8107 of July 18, 2001) (Thus amended by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

In the same list of demands, the interested parties shall indicate an address for notifications in the manner established in the legislation on notifications.

(Thus added by the sole article of Law No. 8107 of July 18, 2001) (Thus amended by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Likewise, in the initial resolution, it shall warn said party that it must comply with the provisions of the second paragraph of the preceding article.

The notification addresses provided by the party shall be valid for the proposed delegates.

In the event that the conciliation body deems that the list of demands contains any defect, it shall require the requesting party to correct it, within a maximum period of five days.

(Thus added by the sole article of Law No. 8107 of July 18, 2001) (Thus amended by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus added by the sole article of Law No. 8107 of July 18, 2001) (Thus amended by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

During the conciliation period, there shall be no appeal whatsoever against the resolutions of the conciliation body, nor shall recusals, dilatory exceptions, or incidents of any kind be admitted, and each of the parties may appoint up to three advisors to assist them in better fulfilling their task, but their presence shall not be a requirement for the valid conduct of the conciliation.

(Thus added by the sole article of Law No. 8107 of July 18, 2001) (Thus amended by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(*)(Numbering of the previous Title shifted by the sole article of Law No. 8107 of July 18, 2001, which transferred it from the former Title Eleven to Title Twelve) FINAL PROVISIONS SOLE CHAPTER Final provisions

Repealing provisions:

• 1)Articles 1169 to 1174 inclusive of the Civil Code, and 143 of the Code of Commerce, relating to the contract for the lease of services and its legal consequences; 2) Law No. 81 of August 20, 1902, on the hiring of agricultural, domestic, and industrial services; 3) Law No. 25 of October 28, 1922, on the recruitment of laborers and workers to work abroad; 4) Law No. 84 of August 18, 1936, and its regulatory Decree No. 16 of September 12, 1936, on the free transportation of workers within the Republic; 5) Articles 4 to 8 inclusive and 40 to 48 inclusive of the Code of Childhood, on working conditions and protection for minors and working mothers; 6) Article 78, subsection 8, of the Police Code, which penalizes the contracting of minors under sixteen years of age for dangerous work; 7) Articles 647 to 669 inclusive of the Code of Commerce, on the shipping contract; 8) Law No. 100 of December 9, 1920, supplemented by Law No. 166 of August 26, 1929, on the duration of the workday; 9) Law No. 91 of July 8, 1933, on the regulation of working hours in bakeries; 10) Laws No. 17 of June 8, 1915; No. 104 of July 10, 1939; and No. 30 of November 13, 1939, on Sunday closing; 11) Laws No. 14 of November 22, 1933; No. 41 of December 19, 1934; No. 157 of August 21, 1935; No. 54 of July 16, 1932; and No. 61 of August 14, 1912, on minimum wage, control of wage expenditures, and wages in general; 12) Articles 991, subsection 3, of the Civil Code and 34 of the Bankruptcy Law, on the protection of wages in cases of insolvency, receivership, or bankruptcy; 13) Articles 72 and 74 of the Public Health Protection Law, relating to the protection of workers during the performance of their work; 14) Law No. 53 of January 31, 1925, on Reparation for Work Accidents and its subsequent amendments; 15) Decree No. 1 of July 15, 1937, on the registry of labor and trade union associations; 16) Law No. 37 of December 24, 1942, which created the National Arbitration Commission; 17) Article 1 of Law No. 33 of July 2, 1928, which created the Secretariat of State in the Offices of Labor and Social Security.
• 18)Article 870, subsection 2, of the Civil Code, regarding the statute of limitations for the collection of wages; and 19) All other legal provisions that conflict with this Code or its Regulations.

Transitional provisions:

To this end, their capabilities and the position they previously held shall be taken into account, in order to guarantee the continuity of service in the most efficient manner possible. The Full Court shall also endeavor, under equal circumstances, to give them the preference mentioned in the preceding paragraph when making the respective appointments for the first time. However, when it comes to appointing the titular members or subordinates of the Labor Courts in whose election the employers and workers do not participate, the Court shall make the appropriate appointments from among the officials or employees who have performed said administrative duties correctly and effectively for three or more years, provided that in each case the aforementioned individuals meet all the legal requirements. For this purpose, the final rule of the preceding paragraph shall be observed.

Those that fail to do so shall be dissolved by the Executive Branch, without further procedure.

These shall endeavor to apply the new procedural rules, harmonizing them, as far as possible, with the actions already taken, in order to avoid conflicts or harm to the parties.

2002 of February 8, 1956, "Loan contract with the Bureau of Public Roads of the U.S. Department of Commerce". Said article 2 also provides: "Consequently, all workers providing services in the construction of the Inter-American Highway shall enjoy the rights and benefits established by the Labor Code and other social security and special laws. With regard to Costa Rican workers or officials working for the Bureau of Public Roads, U.S. Department of Commerce, who are not included in the Civil Service of the United States of America, or who, being included in said Civil Service, are not covered by all their rights and benefits, the Government of Costa Rica shall assume the payment of the rights and benefits indicated in the Labor Code and other social security and special laws")

Oscar Barahona Streber on the legal background and significance of all the provisions of this Code be published at the expense of the Ministry of Labor and Social Security, so that the respective work may serve as information for litigants and Courts and contribute to the better dissemination of the principles of Labor Law in Costa Rica.

It is understood that said publication shall be made provided that the original manuscripts of the work are delivered by its author and owner to the aforementioned Ministry within two years from the effective date of this Code, so that the corresponding comparison with its text can be made and its immediate printing ordered in a number of no fewer than two thousand five hundred copies.

(The name of the Ministry was thus amended by Law No. 5089 of October 18, 1972)

(The name of the Ministry was thus amended by Law No. 5089 of October 18, 1972) It is understood that said increase shall be reduced in proportion to the disappearance of positions or services created by previous laws or decrees, which this Code repeals; and that the Executive Branch shall make use of the powers granted by this article to the extent and at the time that, in its judgment, it is possible to make the respective expenditures.

Prior to the effective date, the Executive Branch shall issue all other transitional provisions that are necessary for its due application and that have been omitted in this Chapter.

Presidential House. San José, on the twenty-seventh day of August of nineteen hundred and forty-three.

Said body may convene at the place of the conflict, if it deems it necessary.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Once the claims of the parties have been well determined, in a laconic record it shall carry out the necessary deliberations and then call the delegates to said hearing, in order to propose to them the means or general bases for the settlement that its prudence dictates.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The employer party has the duty to present the delegates it has appointed. When not all delegates of either party appear, the proceeding may be validly conducted with the number that has appeared, provided that both parties have delegates or there is representation of the employer when it does not act through delegates.

If the conciliation cannot be carried out due to the unjustified absence of the delegates or of the employer or its representative, as the case may be, or omission in appointing the persons to be designated as conciliators within the period indicated in article 622, the conciliator shall draw up a record stating the reason why the proceeding was not carried out and shall conclude its intervention, and the conciliation stage shall be deemed exhausted for all purposes.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

To establish it, the condition of the person as employer or worker shall be taken into account, and the provisions of titles seven and this one shall apply.

In the same resolution that concludes the conciliation procedure, the body shall order that a certified copy of the relevant documents be issued so that the respective sanctioning process may be initiated.

Those reported shall be acquitted and the case file ordered archived when just reasons are demonstrated that absolutely prevented their attendance.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The party that refuses to sign the agreement shall be sanctioned with a fine set based on the higher scale of the table contained in article 398; to set the fine, the economic situation derived from the condition of the parties as employers or workers shall be taken into account.

The right of the party that has respected the conciliatory settlement is preserved to declare itself on strike or on lockout, as appropriate, without resorting again to conciliation, provided it does so for the same causes that gave rise to the disagreement. Said party may also choose to request the labor courts to enforce the agreement at the cost of the non-compliant party, or to pay the damages and losses that the courts determine in their prudent judgment.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

This report shall contain the precise list of the causes of the conflict and the recommendations made to the parties to resolve it; furthermore, it shall determine which of them accepted the settlement or if both rejected it, and likewise regarding the proposed or suggested arbitration.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

If there is a partial conciliatory settlement, submission to arbitration shall proceed only on the points not agreed upon in the conciliation process, and the award shall incorporate the conciliatory settlement as an integral part.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Notwithstanding the foregoing, said body may extend this period for as long as the parties mutually agree. Unless such extension is agreed upon, upon the expiration of the period, the conciliation procedure shall be deemed definitively exhausted by operation of law. In such case, the conciliation body must prepare the report indicated in article 630, within a peremptory period of forty-eight hours.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

This period shall run from the day following the notification of the final resolution of the qualification procedure, when they have requested prior qualification. The same rule applies to employers, but the period shall begin to run from the expiration of the month referred to in article 388.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Arbitration procedure

The arbitration shall be judicial, but, if there is an agreement between the parties, the competent official of the Department of Labor Relations of the Ministry of Labor and Social Security or of the authorized arbitration center chosen may alternatively be constituted as the arbitral body. If the arbitration is judicial and the conciliation stage was exhausted administratively, the respective case file must be remitted to the competent court.

The resumption of work shall be carried out under the same conditions existing at the time the list of demands referred to in article 620 was submitted, or under any others more favorable to the workers.

The indication of means or place for notifications made during the conciliation shall be valid for the arbitration.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The arbitration must be de jure in matters involving public administrations.

The rules of the preceding paragraph and the following ones of this section shall also apply to those cases in which the strike or lockout is prohibited and arbitration is mandatory.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Once the communication is received, the delegates or the party shall be given a hearing regarding the composition of the tribunal for three days, so they may formulate the recusals and dilatory exceptions they deem appropriate. After that period has elapsed, no further discussion may be opened on these matters, not even when it concerns lack of jurisdiction for reasons of competence. Recusals filed in the second instance are preserved.

Before said hearing period expires, the tribunal members who have grounds for disqualification or cause for recusal and are aware of one or the other must necessarily make the corresponding written statement, under penalty of dismissal if they fail to do so or do so belatedly.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Once the issues that may have been raised are resolved and the substitutions of the case are made, the arbitration tribunal shall hear the delegates of the parties separately or in hearings and shall make use of the investigative powers granted by this Code; shall personally question the employers and the workers in conflict on matters it deems necessary to clarify; shall, ex officio or at the request of the delegates, order the prompt conduct of the evidentiary proceedings it deems appropriate; and, especially, shall seek advice from officials of the Ministry of Labor and Social Security, or from experts on the various matters submitted for its resolution. Its orders or decrees shall not be subject to appeal.

The fees of the latter shall be covered by the Judicial Branch or the Ministry of Labor and Social Security, as the case may be.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Regarding the latter, the arbitration tribunal may resolve freely and in conscience, denying or granting, in whole or in part, what is requested, or even modifying its formulation.

The determination of the points of fact shall correspond preferably to the representatives of the employer and worker parties, and the declaration of the resulting law to the labor judges or the competent administrative official, as the case may be; but, if they fail to reach an agreement, whoever presides over or coordinates the tribunal shall decide the disagreement.

Separate record shall be kept in the ruling of the main causes that gave rise to the conflict, the recommendations the tribunal makes to correct them and to avoid similar disputes in the future, and the omissions or defects noted in the applicable law or regulations.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The Supreme Court of Justice is authorized to vary this attribution of competence when circumstances warrant it.

The court shall issue a final judgment within fifteen days following receipt of the case file, unless it orders any evidence for better provisioning, which must be conducted within twelve days.

The extrajudicial award shall have the appeals determined by Law No. 7727, Law on Alternative Dispute Resolution and Promotion of Social Peace, RAC, of December 9, 1977, and its amendments, which shall be heard by the Labor Cassation Chamber.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

The parties may request the respective labor court to enforce the liquidated or liquidable amounts, through the procedures for the execution of judgments provided for in this same Code.

The party that refuses to comply with or breaches the terms of an arbitration award shall be sanctioned in accordance with the provisions of article 401.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

A certified copy of every final arbitration award shall be sent to the General Labor Inspectorate.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Procedure in the case of failed collective bargaining agreement initiatives

Once the thirty-day period referred to in subsection d) of article 56 has elapsed without full agreement, the resolution of the point or points in disagreement shall be carried out through the procedure regulated in this chapter, with the particularities indicated in this section. If the conciliation stage ends without reaching a settlement, the parties may resort to a strike or lockout, or, if there is an agreement between the parties, submit the conflict to arbitration. They may also resort directly to arbitration, without needing to exhaust the conciliation phase, if there is consent from the parties.

In any of the aforementioned cases, the interested party shall have fifteen business days to request the intervention of the conciliation or arbitration body, depending on what was agreed between the parties.

(Thus added by article 2 of Law No. 9343 of January 25, 2016, "Reforma Procesal Laboral".)

Furthermore, in that same application, the name of the person who will act as the party's conciliator or arbitrator, as the case may be, and of its delegates, shall be indicated, and a place or means for notifications shall be designated. In all other relevant matters, the provisions of this chapter shall apply.

(Thus added by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus added by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus added by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus added by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

Common Provisions for Conciliation and Arbitration Procedures

(Thus added by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

The fees of the arbitration and conciliation borne by the worker party shall be covered by the State. The employer party shall assume the cost of those it proposes. In either case, the emoluments must be deposited within the three days following the date on which the respective warning is notified, unless the interested party, within that same period, expressly relieves the party of the deposit, which it shall do under its own responsibility.

The respective body shall make the determination prudentially, once the respective communications are received, calculating, moderately and prudentially, the time that the hearings necessary for the substantiation of the proceeding will consume.

Notwithstanding what is indicated in the first paragraph, the fees of the conciliators and arbitrators of the workers may be covered with the proceeds of the Alternative Dispute Resolution Support Fund (Fondo de Apoyo a la Solución Alterna de Conflictos) created by this law, in accordance with what is provided in the regulations issued.

Those who act as arbitrators shall not be required to post a bond and, once accepted, the position shall be mandatory and compatible with any other employment, except in the case of prohibitions or limitations resulting from the law for public servants.

(Thus added by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

The violation of this provision shall be penalized in accordance with the provisions of the book of contraventions of the Penal Code (disclosure of secret documents that do not affect national security).

Each litigant is obligated, under the warning that the corresponding assertions of the other party will be taken as true and effective, to facilitate by all means within their reach the realization of these investigations.

(Thus added by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

Obstruction or refusal to assist may be penalized according to the provisions of the book of contraventions of the Penal Code (failure to assist authority).

(Thus added by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

The observations of the attendees regarding the accuracy of what is recorded shall be noted, and when someone refuses to sign, a record shall be made of the reason they allege for not doing so.

(Thus added by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

These proceedings shall be subject to no greater formality than the record placed in the case file that they have been carried out and, unless there is conclusive proof to the contrary, they shall be considered authentic.

(Thus added by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

(Thus added by Article 2 of Law No. 9343 of January 25, 2016, "Labor Procedural Reform.")

The presidency shall schedule the receipt of votes. The vote of the person presiding shall count as double in cases where there is no majority of concurring votes.

The drafting of all resolutions shall always correspond, in the case of collegiate bodies, to the person who presides over it.