Employers should be aware that, in Costa Rica, October 12, is
"Cultures Day". However, our Labor Code considers this
both a "Holiday of Non-Compulsory Payment" and the only
public holiday that must be deferred to the Monday of the following
week when it falls on a Tuesday, Wednesday, Thursday, or Friday.
This means that this year, because Cultures Day falls on a
Wednesday, it must be taken on Monday, October 17, 2016.
The rules applicable to holidays of compulsory and
non-compulsory payment vary depending on the employee´s
If the employee has an hourly or
weekly payment structure (wages) and does not work on a holiday of
non-compulsory payment, the employee is not entitled to any pay for
the day off. However, if the employee agrees to work on a holiday
of non-compulsory payment, our Labor Code states that the day is
considered a normal working day and so the employee will be paid
for a normal day's work.
If the employee has a monthly or
bi-monthly payment structure (salary), or works in the commercial
sector, his salary includes each day of the month; thus, an
employee can take the holiday off without loss of pay. However, if
an employee works on a holiday, this holiday is treated as a
'holiday of compulsory payment', which means that the
employer must pay the employee an additional day's pay to
comply with the law's double payment requirement.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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