Bill seeks to give employees more freedom to choose their vacation days

Q COSTA RICA — The Frente Amplio’s caucus leader, José María Villalta, presented a bill to the legislature seeking to guarantee that workers can choose their vacation dates.

The bill, titled “Garantizar el Ejercicio Efectivo del Derecho al Disfrute de Vacaciones por parte de la Persona Trabajadora” (Guaranteeing the Effective Exercise of the Right to Vacation by Workers), is the Frente Amplio’s proposal to amend Article 155 of the Labor Code so that, once the right to vacation is established, workers will be able to propose the dates on which they wish to exercise that right.

Currently, the selection of vacation dates is left to the employer’s discretion.

“With this bill, we seek to safeguard workers’ right to rest so they can plan their vacation days and ensure they coincide with their needs, such as their children’s vacations,” Villalta stated.

According to the legislator, there must be a balance between the needs of the company and the right to vacation, so as to safeguard the physical and mental health of workers.

Days off

Villalta drew a parallel with the Executive Branch’s decree that sent the entire public sector on vacation the previous week to reduce the number of days off accumulated by workers.

“It cannot be, as we have seen in recent days, that an employer or a high-ranking official, the authorities of an institution, simply tell the worker, ‘You’re going to take vacation on these days.’ Perhaps it doesn’t coincide with school holidays, family needs, or the workers’ ability to rest,” Villalta stated.

The legislator added that the initiative is much needed, easy to process, and technically sound.

“We hope that all of you will support us and share your experiences with this issue of vacation time so we can achieve its approval,” he said in a message to his fellow legislators.

The bill has only just begun its legislative process.

In Costa Rica, turning a legislative bill into law follows a clear path handled by the Legislative Assembly, which is made up of 57 elected members. This process mixes political discussion, expert review, and constitutional oversight.

Once the bill clears committee approval, it moves to the full assembly for debate and a first vote. Before the second and final vote, at least 10 legislators can ask the Sala IV—the Constitutional Chamber of the Supreme Court—to review the bill’s constitutionality.

If the bill passes the first debate and any Sala IV review, it faces a final, quicker check called the Second Debate. Legislators vote again to confirm agreement. When it passes this stage, the bill becomes a “decree of law” and is sent to the President, who can either sign it into law or veto it.

 

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