Even when domestic workers are employed on a part-time, hourly, or daily basis, labor legislation in Costa Rica requires strict compliance with employer obligations.
Below are the six key obligations that every employer must assume under this arrangement:
1. Proportional Payment of the Legal Minimum Wage
Wages must be calculated proportionally based on the time actually worked (whether by hours or days), using the decrees issued by the National Wage Council (Consejo Nacional de Salarios) as a benchmark. Compensation can never fall below this proportional standard, nor can payment for actual working time be omitted.
2. Social Security Registration and Contributions (CCSS)
Despite working only a few days a week or month, the employer has the legal obligation to register the worker with the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social – CCSS). If the employee works for multiple employers, contribution calculations are distributed proportionally according to guidelines established for part-time or multi-employer workers.
3. Occupational Risk Coverage (INS)
It is mandatory to insure domestic workers against occupational hazards through the National Insurance Institute (Instituto Nacional de Seguros – INS). This protection covers any accident or illness resulting from their duties during the days or hours they provide services in the home.
4. Proportional Christmas Bonus (Aguinaldo) and Vacation Rights
Domestic workers employed by the day are entitled to a Christmas bonus (aguinaldo), equivalent to one month’s salary for a full year worked or the corresponding proportional amount, as well as proportional vacation time (1.25 days per month worked), regardless of whether they do not provide full-time services.
5. Compliance with Working Hours and Rest Periods
Agreed-upon schedules must be clearly defined. Although the law permits flexibility, ordinary working hour limits must be respected, and minimum rest breaks during the workday—as well as the corresponding weekly day of rest—must be guaranteed.
6. Recognition of Labor Rights upon Termination (Severance and Notice)
In the event that the employment relationship ends (whether due to unjustified dismissal or resignation under legal provisions), the employer must pay the accumulated social benefits that apply, including notice (preaviso) and severance pay (auxilio de cesantÃa), calculated based on tenure and earned wages.
