Q COSTARICA — If you employ domestic workers (empleadas domesticas), it’s important to approach the relationship with respect, fairness, and clarity. These workers often become an essential part of your household, so treating them well benefits everyone involved.
Having a domestic worker in your home in Costa Rica entails a significant legal responsibility. Although many people believe it’s simply a matter of paying the agreed-upon salary, the truth is that the employer also has the obligation to register them with the Caja Costarricense de Seguro Social (CCSS) and comply with other labor regulations.
In Costa Rica, domestic workers have specific labor laws protecting them, including a 30-day probationary period where either the employer or employee can terminate the contract without severance obligations, a maximum 12-hour workday which must include a one-hour break, all paid public holidays. (if they work on an official holiday, they must be paid overtime), mandatory social security (CCSS), paid vacation (after one year of employment, they are entitled to two weeks of paid vacation annually), and Aguinaldo (Christmas bonus) paid between December 1st and December 20th each year.
For live-in domestic workers, room and board are considered non-monetary compensation and are valued at 50% of the salary for legal purposes.
Failure to do so could be very costly. Penalties range from fines to lawsuits that can seriously compromise the employer.
Following, we explain the legal consequences, the employer’s obligations, and how to avoid non-compliance.
How is domestic work regulated in Costa Rica?
It is regulated by Chapter Eight of the Labor Code. It has special regulations and is applied differently compared to workers who are not domestic workers, but they have the same minimum rights as any other worker in Costa Rica: salary, vacation, aguinaldo (Christmas bonus), insurance, rest periods, and workers’ compensation insurance (either through the state insurer, the Instituto Nacional de Seguros (INS) or a private insurer).
What happens if a domestic worker works less than 48 hours per week? Do they have the same rights?
It’s important to understand that labor rights always exist, whether you work part-time or full-time. Regardless, workers will always have rights; what changes is the amount of their salary, which will depend on the hours worked.
The Ministerio de Trabajo (MTSS)—Ministry of Labor—has a list of minimum wages. This year, a domestic worker who works 48 hours a week has a rounded salary of ¢258,000, which is the minimum amount for a full-time position.
How is the salary calculated correctly?
It depends on the workload. Many salaries are calculated daily or hourly, based on an agreement between both parties (worker and employer). Regardless, the pay must meet or exceed the minimum hourly wage for the agreed work schedule.
What should a worker do if she is not covered by social security?
The person can file a complaint with the Caja (CCSS) or the Ministry of Labor. It is important for employers to know that a written domestic work contract can be drawn up, but this is a special contract that requires careful drafting.
What aspects must be included in this contract?
Working hours must be regulated, as this will determine the salary. Job duties must also be clearly defined, because the work of someone performing general housework is not the same as caring for an elderly person; the salaries differ. Furthermore, the salary, payment method, and frequency must be clearly stated.
If the worker does not have a bank account and receives payment in cash, the employer must have signed payment receipts to avoid future disputes, as the burden of proof rests with the employer.
Is it common for households to comply with the legal requirements?
Very rarely. In 2025, there have been several lawsuits filed by domestic workers who won court cases or reached settlements at the Ministry of Labor regarding overtime.
The Ministry of Labor can conduct inspections of homes if it receives a complaint, interview the employer, and request proof of payment, insurance policies, or payroll reports from the CCSS. If the employer fails to comply, they will be issued a labor violation, and legal proceedings could even be initiated.
In many cases, notifications are complicated because they are carried out on private property, which delays the process.
What mechanisms exist for filing a complaint?
The mechanisms include filing a complaint with the CCSS for not being insured or filing a complaint with the Ministry of Labor.
Starting this year, the Ministry of Labor enabled online complaints, so domestic workers can file them from a cell phone or in person at the Ministry’s offices.
How are vacations and days off handled in domestic work?
Chapter Eight states that domestic workers are entitled to 15 days of paid vacation per year. The employer decides the period, but must grant it within the work year.
Everyone is entitled to one day off after six days of work.
Can an employee be dismissed without employer liability?
Yes. The entire disciplinary process applies, as outlined in Articles 71, 72, and 81 of the Labor Code. In cases of serious misconduct, such as theft, threats, or repeated tardiness, an employee can be dismissed without employer liability, provided there are written warnings that serve as evidence.
What happens if a work accident occurs?
The workers’ compensation insurance policy applies. If the employer has not registered the employee with the INS, the employee can claim medical care directly, and the INS can bill the employer for the cost of the care.
Recommendations to employers who have domestic workers
- First off, know and follow the labor laws. Make sure you’re paying at least the legal minimum wage and giving proper breaks and days off. Knowing the rules helps you avoid legal issues and shows respect for their rights.
- Communication matters. Set clear expectations about duties, schedules, and anything else related to their work. And be open to feedback—sometimes misunderstandings come from silence, so keeping the conversation honest and respectful will build trust.
- Respect their dignity. Domestic workers are people, not just workers. Treat them kindly and with empathy. Taking an interest in their well-being and recognizing their efforts goes a long way.
- Provide a safe, healthy working environment. This means access to proper equipment, safe cleaning chemicals, and ensuring they aren’t put in risky situations. Safety shows you care about their health, not just the job.
- Also, consider cultural sensitivity. Many domestic workers in Costa Rica come from humble backgrounds and may not have many employment options. Be patient and avoid any form of discrimination or exploitation.
- Termination and severance. After 30 days: After the probationary period, standard termination rules apply. Employees terminated without cause (or who resign due to employer violations) are entitled to severance pay based on their length of service. An employer may face significant penalties for failing to comply with labor laws.
- Finally, embrace professionalism. Even though they work inside your home, they’re professionals with rights. Keeping everything in writing—from work agreements to payment terms—can avoid confusion and keep things smooth.
Treating domestic workers with respect, fairness, and humanity is not just a legal obligation but a moral one. It makes for a healthier household and a better community overall.
The foregoing is not intended as legal advice. If you have questions about domestic work employment, it’s best to talk to a labor lawyer.