The working day in Costa Rica is one of the central elements in the labor relationship, since it defines the limits of working time and the conditions under which the work must be carried out, in accordance with current regulations.
What is the working day and why is it relevant?
The working day emerged as a result of various social struggles that established maximum limits on working time.
This implies:
- The employer's obligation to respect legal limits.
- The worker's duty to perform his functions within the agreed working hours, under principles of good faith and loyalty.
Types of work schedules
The Labor Code classifies the work day according to the schedule in which it is performed:
- Day time shift: between 5:00 am and 7:00 pm
- Night shift: Between 7:00 pm and 5:00 am
- Mixed shift: Combine both, provided that the nighttime does not exceed 3 hours and 30 minutes
- If it exceeds that limit, it is considered nighttime.
Maximum limits of the ordinary working day
The above classification defines the maximum number of regular hours allowed:
- Day time: 8 hours a day
- Mixed: 7 hours a day
- Night time: 6 hours daily
Any additional time worked is considered overtime (extra hours).
Is it possible to agree on a shorter working day?
Yes. The parties can agree to a reduced working day, provided that:
- Do not exceed the legal limits
- Be the product of a voluntary agreement
Exceptions to the ordinary working day
There are cases where the work day can extend up to 12 hours a day, for example:
- Trusted staff
- Workers without immediate supervision
- Work outside the workplace
- Seafarers (special regulation)
Extended working hours (Article 136 of the Labor Code)
The regulations allow for longer working hours to be agreed up on in certain cases:
- Up to 10 hours per day (daytime)
- Up to 8 hours per day (mixed)
- Not exceeding 48 hours per week
Conditions:
- The work must not be unhealthy or dangerous.
- The night shift cannot exceed 6 hours
- The risk assessment is the responsibility of the Occupational Health Council
Importance of the contractual agreement
When special work schedules or exceptions apply:
- They must be clearly agreed up on in the employment contract
- This avoids labor disputes due to lack of consent.
Final considerations
The correct definition of the working day:
- Ensures legal compliance
- Prevents workplace accidents
- Ensures clear and transparent labor relations
Proper management from the outset, especially in contract drafting, is key to avoiding misinterpretations or future conflicts.
Legal basis
- Political Constitution of Costa Rica, Article 58
- Labor Code, articles 18 and 19 (employment contract
- Labor Code, article 135 (classification of working hours)
- Labor Code, article 136 (limits and extended working hours)
- Labor Code, article 139 (overtime)
- Labor Code, articles 143 et seq. (exceptions)
See: Attached document in pdf format.
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