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Non-mandatory paid holiday: “Black People and Afro-Costa Rican Culture Day” will be enjoyed on Sunday, September 4th
[/vc_column_text][us_separator][vc_column_text] The Legislative Assembly of the Republic of Costa Rica, through Law No. 9526, has declared August as the historical month of Afro-descendants in Costa Rica and August 31 of each year as the official date to celebrate Black People's Day and Afro-Costa Rican Culture. Likewise, based on Article 148 of the Labor Code, that date is considered a non-mandatory paid holiday. In turn, this same section establishes that, where appropriate, the enjoyment of this holiday in the current year 2022 and in 2023 will be moved to the following Sunday. Therefore, this year the enjoyment of this holiday will be moved to Sunday, September 4, 2022. In general terms, it is important to mention that workers are not obligated to work on September 4; they could do so, but only if they agree to it. Workers may not be penalized for refusing to work on this date. This holiday is non-mandatory and is subject to payment and applies as follows depending on the payment method:
- Weekly payment method:In a non-commercial activity, wages are recognized for the actual time worked that week; that is, they are paid for the days worked. If they work that day, they are paid a regular salary; conversely, if they do not work, they are unpaid. Overtime is paid at the regular rate.
- Monthly or biweekly payment methods, or those corresponding to the commercial sector:Workers must be paid their wages for every day of the month, even if they don't work that day. That is, their wages should not be reduced if they don't work on that holiday. Otherwise, if they do work on that holiday, a single day's wage must be added to complete the double pay. Overtime hours must also be paid double.
It is also clarified that, even if the company is transnational or international, it must grant this holiday to people who work in Costa Rica, and no agreement on the waiver of the enjoyment of holidays is legal, since this type of agreement in national legislation is classified as null in light of article 11 of the Labor Code, namely: "Any waiver by workers of the provisions of this Code and its related laws that favor them will be absolutely null and void and will be considered as not included..” In case of any questions regarding the application of this holiday, or any other matter related to Labor Law, do not hesitate to contact us for clarification at the emailevargas@lexincorp.com. [/vc_column_text][us_separator][vc_column_text]Written by: Eugenio Vargas [/vc_column_text][/vc_column][/vc_row]
