Monday, May 4, 2026

Uber ordered to pay labor rights confirming the existence of an employment relationship between the company and one of its drivers

The Labor Appeals Court of the First Judicial Circuit of San José confirmed the existence of an employment relationship between an Uber driver and the company, ruling in favor of one of its drivers who claimed payment of labor rights, such as paid vacation, Christmas bonuses (Aguinaldo), insurance benefits, and severance pay.

The new ruling confirms what was determined more than a year ago, when Judge Rebeca Ruiz, of the Labor Court of the same jurisdiction, determined in a first ruling, 2024-000826 of April 26, 2024, that Uber, through an interest group that includes the companies Uber Costa Rica Center of Excellence S.RL., Club de Colaboración para la Autosatisfacion (sic.) de Necesidades de Movilidad Común S.A., and Portier Costa Rica S.R.L., concealed an employment relationship under the guise of collaboration.

Wednesday’s ruling 2025-001146 by Judge Luis Eduardo Mesén

In a brief statement, Uber expressed respect for the ruling 2025-001146, issued just one day earlier brings closure to the case.

“We continue to analyze the ruling issued on August 27, 2025. It is important to clarify that the effects of the ruling apply only to the plaintiff and do not affect the availability of the Uber app as a technology company in the country.

“Our platform allows collaborating partners to generate profits by connecting to the app to carry out an independent economic activity, offering flexibility in use, choice of locations, and without exclusivity requirements,” said Uber in a statement today.

This is the first time that a confirmatory ruling has been released, amid the multiple lawsuits the company is facing in labor courts nationwide.

As a result, the driver—whose identity will be withheld—must be paid around ¢10 million colones (¢1 million in vacation pay, ¢1.3 million in severance pay, ¢2.1 million in bonuses, ¢3.8 colones in damages arising from Section 92 of the Labor Code, as well as ¢2 million in costs. Interest and indexation must also be added.

The defendants (Uber) must also make the corresponding contributions to the Costa Rican Social Security Fund (CCSS).

Failure to pay may result in seizure.

This new ruling against Uber sets a precedent that opens the door to similar lawsuits.

“This means that any Uber partner can claim the existence of an employment relationship and the rights of a worker,” explained Rafael Rodríguez, the lawyer who represented the former driver.

The lawyer believes this applies even to other platforms, such as food delivery services. Rodríguez recommends that drivers document their entire employment with Uber and the money they’ve received while working for the company.

However, the lawyer also emphasized that it is only possible to initiate a process of this type within one year of the end of the employment relationship.

Uber has been operating in Costa Rica for the last ten years this month. The definition of the company’s relationship with its so-called “collaborating partners” has been a topic of debate over the years.

In a recent public statement, Uber stated that it continues to consider drivers as independent partners, but that it will respect the regulations approved in the country.

“Our goal is to adapt and operate within the regulatory framework of each country,” said Laura Santillán, Uber spokesperson.

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