Costa Rica is preparing for a historic milestone with the celebration of the Day of the Black Person and Afro-Costa Rican Culture (commemorated annually on August 31). For the first time since its establishment as a mandatory paid holiday, the date falls directly mid-week, bringing a noticeable change to the regular routine of workplaces.

Key Highlights on Labor Implications:

• Mandatory Paid Holiday Status: As a mandatory paid holiday under the Labor Code, no employee is obligated to work on this date unless there is mutual agreement with the employer.
• Special Compensation: If worked, the day must be paid at a double rate (regular pay for the day worked plus the corresponding surcharge), as stipulated by national legislation.
• Impact on Productivity and Operations: Companies in the commerce, services, and manufacturing sectors within the Greater Metropolitan Area (GAM) are adjusting their schedules and shifts to ensure operational continuity without violating current labor rights.

Such calendar adjustments not only reaffirm the importance of honoring the roots and contributions of Afro-Costa Rican culture to national identity, but they also require both employers and employees to have absolute clarity regarding compliance with Ministry of Labor and Social Security (MTSS) regulations.

Can an employer require employees to work on that day?

Although Article 149 of the Labor Code generally prohibits the employment of workers on holidays, Articles 150 and 151 provide for exceptions for certain activities whose nature requires continuity or the provision of services during these dates.

In these cases, the employer may require employees to work on the holiday by issuing a call to work with reasonable advance notice and in compliance with the relevant provisions regarding compensation.

For this reason, it is recommended that organizations review in advance the payment terms applicable to their employees, determine which activities require continuity during the holiday, and communicate any work assignments in a timely manner.

The next holiday in Costa Rica will be Tuesday, September 15, when Independence Day is observed—a mandatory paid holiday.

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