Q COSTARICA — On Monday, December 1, Costa Rica commemorates the Day of the Abolition of the Army (Día de la Abolición del Ejército), established as such by Law No. 9803 in 2020.
The abolition of the army is a significant historical event for the country. However, this holiday is not a mandatory paid holiday, as established in Article 148 of the Labor Code (Código de Trabajo).
This means that employees who receive a monthly or bi-weekly salary must be paid an additional day’s wage (double pay) or the equivalent in hours worked by their employer. Overtime must be paid at double the hourly rate plus an additional 50% (triple pay).
Those who receive a weekly, daily, or hourly wage are paid for the regular workday, and overtime is paid at time and a half the regular hourly rate.
If the employee does not work that day, no additional payment is due.
The Ministry of Labor and Social Security (Ministerio de Trabajo y Seguridad Social, MTSS) reminded employers that “whether a company is national, transnational, or international, it must grant this holiday to its employees working in Costa Rica. Any agreement to waive the right to enjoy holidays is absolutely null and void according to Article 11 of the Labor Code.”
The holiday is the last long weekend of the year.
That day commemorates the abolition of the army in our country, which took place on December 1, 1948. According to the Labor Code, if overtime is worked on this holiday, it must be compensated at time and a half, based on the regular hourly rate.
For the holiday, the vehicular restrictions of San José for vehicles with plates ending in 1 and 2 will not be enforced; the Ruta 27 will have its “reverse lane” in action, that is, all traffic between Pozon and Ciudad Colon will be San José-bound between 1 pm and 7 pm.