Costa Rican lawmakers exclude plublic sector from 12-hour workday reform

The Legislative Assembly approved a motion preventing state workers from being included in the exceptional work schedules bill, while Congress still has to resolve more than 2,000 applications before bringing the initiative to a final vote

Q COSTA RICA — Public sector employees in Costa Rica would be excluded from the so-called “4×3 work” schedule, which would allow employees to work up to 12 hours a day for four days a week in exchange for three consecutive days off.

If the reform is ultimately passed into law,

Lawmakers approved a substantive motion that expressly excludes public employees from the initiative to reform the Labor Code, meaning this type of exceptional work schedule, the 12-hour workday, would only apply to certain activities in the private sector.

The decision received support from legislators of the ruling party, Partido Pueblo Soberano (PPSO), Partido Liberación Nacional (PLN), Frente Amplio (FA), Partido Unidad Social Cristiana (PUSC) and Coalición Agenda Ciudadana (CAC).

The change comes amid a prolonged legislative debate surrounding a bill that seeks to make work schedules more flexible in companies that maintain continuous production cycles 24 hours a day, seven days a week.

Its proponents argue that the reform would allow the country to adapt to economic sectors that require continuous production, improve its competitiveness, and attract foreign investment.

On the other hand, its detractors have particularly questioned the extension of workdays to 12 hours and its potential effects on rest, family life, and working conditions.

How would the 4×3 schedule work?

The proposal seeks to enable exceptional schedules in which a worker can work 12 hours a day for four days, followed by three days off.

The goal set by its proponents is for this work schedule to be used by private companies whose production processes need to remain constantly active.

According to legislator Juan Manuel Quesada, the intention of the reform is to offer better conditions for business sectors that operate on continuous cycles, encourage investment, and generate new job opportunities.

“While some continue to look for excuses to stop a law that Costa Rica has been waiting for for more than 20 years, we continue to move forward, establishing clear rules and protecting workers. The 4×3 schedule is meant to attract investment and generate employment,” he stated.

During its legislative process, the initiative has generated widespread debate between those who advocate for greater flexibility in work schedules and sectors that question the consequences that 12-hour workdays could have on working conditions.

The recent amendment makes it clear, at least in the text still under discussion, that state employees would not be subject to this system.

Despite the progress achieved with the motion, the initiative still faces a long legislative process before reaching a final vote.

Prior to the decision regarding the public sector, the legislative plenary rejected 131 requests aimed at reopening the discussion of different sections of the bill.

However, 2,071 similar requests remain pending, which must be reviewed before the bill can be ready for a possible final vote.

Current Standard Work Shifts & Hours

Under the Costa Rican Labor Code (Código de Trabajo), the standard workweek typically spans 48 hours, divided into six days with an eight-hour shift each day.

The country’s labor laws set the maximum daily work hours at eight, with a mandatory rest period of at least 30 minutes. Overtime is permitted but strictly regulated, usually paid at a higher rate.

The typical workday often starts around 7 or 8 a.m. and ends by mid-afternoon, reflecting the local culture’s preference for an extended midday break.

While some industries may offer flexible schedules, these standard hours form the backbone of employment norms across Costa Rica.

The exact daily and weekly limits depend heavily on the type of shift worked:

  • Day Shift (5:00 AM – 7:00 PM): Maximum 8 hours per day and 48 hours per week. (Commonly distributed as 8 hours Monday to Saturday, or 9 to 10 hours Monday to Friday to cumulative shifts that give Saturdays off).
  • Night Shift (7:00 PM – 5:00 AM): Maximum 6 hours per day and 36 hours per week.
  • Mixed Shift (Combines Day and Night): Maximum 7 hours per day and 42 hours per week. If the shift includes more than 3.5 hours of nighttime work, it is legally treated entirely as a night shift.
  • Meal Break: Employees working a full shift are legally entitled to a minimum of a 30-minute paid rest/meal break.
  • Overtime Cap: Any hours worked past the regular daily shift limit are considered overtime, which is capped at a maximum of 4 hours of overtime per day.
  • Overtime Pay: Standard overtime is paid at 1.5 times (150%) the regular hourly rate. Working on standard rest days (like Sundays) or mandatory national holidays requires double pay (200%).
  • Exceptions. Trusted positions such as managers, administrators, and employees in roles without immediate supervision are exempt from the standard hourly caps, but their workday cannot exceed 12 hours, with a mandatory 1.5-hour break during that period.

 

 

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