... Legal Update part 1
Costa Rica´s Labour Law and Household Services ...
by Lic. Romulo Pacheco for the ARCR

When you come to Costa Rica, your thoughts and all your experience is based on your own country’s laws and regulations. For sure you understand your system and the know-how’s of it, but what happens when you are in a new country and need, for example, A HOUSEMAID. Do you know what the rules are in his or her contract? Let me give you some advice that I think might be helpful in that situation.

Without the proper knowledge of the labor laws that apply to certain contracts and services, you might have an unpleasant experience learning about those special condition contracts. The housemaid contract is an example. It is regulated and specifically defined in Costa Rica’s Labor Legislation

SPECIAL LEGISLATION

Housemaids have special legislation and rules for their work contracts. “Why?” you may ask. Because the Costa Rican congressmen thought that the housemaid is always at a disadvantage when negotiating her or his work contract, and might not be able to obtain, by her or his own ability, a fair contract. (They took into consideration the proximity to the contractor, having to work in his house, and that normally their education level is low).

Some of the basic rules that are specified in the Costa Rican Labor Code are:

- The day of work consists of 12 hours in stead of 8 hours for normal workers.

- Upon your request, they can work up to 16 hours occasionally, but the 4 hours extra will cost you twice the normal wage.

- They have a maximum 1-hour rest period a day, time that may coincide with the meal times.

- The lodging and food you give them is part of the amount you pay in salary, this is what legislation calls "salary in benefits."

- They are to be enrolled as Housemaids in Costa Rica's Social Security, this will cover any health, incapacity to work and preg nancy care, he or she might have during the time they work for you.

- They are entitled to half a day off during the week on the day the employer decides.

- On the obligatory holidays by, law, they are entitled to half a day off. If you need them to work, that half a day will cost you twice the rate you normally pay per hour.

- They are entitled to 15 days vacation a year. In previous years you could give cash to the worker instead of the time off, but now the Supreme Court has ruled that the time off HAS to be taken and no compensation in cash can be negotiated.

- In case of contract termination without one of the Code's no responsibility causes of contract termination, the lodging and food you have been providing will count as 50% of the gross salary. That amount will be added to calculate the indemnification of the maid for "Aguinaldo", "Pre-aviso", "Cesantía" and "Vacaciones", terms we will be talking about next.
- The "Aguinaldo", in English we could translate as a 13th month of salary a year, is payable in the first 20 days of December of each year. The amount is equal to a month of salary, including room and board.

- "Pre-aviso", or "Advance Notice", gives the worker the right to be indemnified if the employer is letting him go without proper notice. This figure will be worked out under the following conditions:
a. If the maid has worked less than 30 days, you don't have to give them previous notice.
b. If she or he has worked from 30 days to 6 months, you have to give one-week notice or the equivalent in cash
c. If the worker has 6 months to 1 year on the job, you have to give 15 days notice or the equivalent in cash.
d. If the maid has over a year working for you, the notice is one month, or that same amount in cash.

For every week of "PRE-NOTICE" or "PREAVISO", they have one extra half day off to find a new job.

- The term "Cesantía" is used to give the worker some lay off insurance money in case they don't find a job in the period of time they are "PREAVISO". This amount is to be paid by the contractor as follows:
a. If the maid has less than 30 days old on the job she is not entitled to any amount.
b. If she or he has 30 days to six months, then the amount is the equivalent of ten days work.
c. If they've worked from 6 months to one year, they receive pay for 20 days work.
d. From one year and on, 1 month of salary for each year worked until you reach a maximum 8 months.

- "Vacations", or "Vacaciones" (this term I'm sure you are familiar with) calculations are simple. Give the maid one-day off with pay for each month worked.

These basic rules are inescapable, even if the housemaid has agreed to something different. She or he cannot renounce any of these conditions. If they are violated in a contract, written or verbal, that section of the contract or the agreement is considered void.

Now you can be sure of the rules when contracting house help. As this is the most common working relationship you will have in Costa Rica, (since sometimes it is necessary to have somebody to help around the house) be sure to understand them. Also do not employ persons who don’t have a legal immigration status. Because of the immigration of Central Americans to Costa Rica, many try to get a job as a housemaid. If you hire them without proper documents, they won’t be entitled to Social Security or Labor Insurance. And, in the case of an accident involving their health, you will have to take care of the medical bills from your own pocket.