Q COSTARICA — In Costa Rica, the right to vote is a fundamental pillar of the democratic system and is expressly protected by the Political Constitution. This right not only represents a citizen’s guarantee but also has direct implications in the workplace, where it must be respected and facilitated by employers.
From a labor law perspective, the regulatory framework establishes clear rules to ensure that workers can exercise their right to vote without obstacles. The Labor Code (Código de Trabajo) recognizes the right to be absent from the workplace for the time necessary to travel to the polling station and cast their vote, a leave that must be granted with full pay.
This obligation applies to both the first and, if any, a possible second round of elections.
“The right to vote is a constitutional right that cannot be limited by the workday. Costa Rican law is clear regarding the employer’s obligation to grant the corresponding leave, without affecting salary or generating disciplinary consequences,” stated Marco Durante, managing partner of BDS Asesores.
Key Rules During Election Day
Within the framework of electoral processes, Costa Rican labor regulations establish a series of practical rules that must be taken into account by both employers and employees. Among the main points to consider are the following:
- Employees have the right to be absent from their workplace for the time necessary to vote, leave that must be granted with full pay.
- This right applies to both the first round of voting and a possible second round.
- The employer cannot sanction, dismiss, reduce salary, or apply disciplinary measures for exercising the right to vote or for serving on polling station boards.
- It is prohibited to exert pressure, influence, or coercion on employees regarding their political preferences.
- Political or electoral campaigning is not permitted within the workplace during working hours.
- The time allotted for voting must be used exclusively for that purpose and may not be extended to activities unrelated to voting.
Likewise, employers must refrain from issuing messages, directives, or actions that could be interpreted as a form of political influence in the workplace.
On this point, Durante added: “Respecting employees’ freedom to choose their preferred political party is an important principle in labor relations. Companies are advised to maintain a neutral stance and ensure a respectful environment, especially during electoral processes.”
For their part, employees also have duties to observe on election day. The proper use of the time allotted for voting and respect for political neutrality within the workplace are fundamental to maintaining harmonious and legally compliant labor relations.