Color code

Enjoy public holidays

According to current labor legislation, employees are not required to work on public holidays. Choosing not to work on these days cannot be grounds for disciplinary action by the employer.

Exceptions to the prohibition on work

There are specific activities and workplaces that, due to their nature, must operate during public holidays. These exceptions are regulated under Articles 150 and 151 of the Costa Rica Labor Code.

Mandatory paid holidays

Employees are entitled to enjoy the day off with pay, regardless of their employment modality.

If the holiday is worked, double pay applies for the ordinary workday. Any overtime worked on that day must be paid at triple rate, in accordance with current labor legislation.

Companies that pay wages on a weekly, biweekly, or monthly basis must include this holiday within ordinary salary, even if the employee does not work on that day.

Article 11 of the Labor Code establishes that any waiver of the right to mandatory paid holidays is null and void, and employers are legally required to respect this right.

Non-mandatory paid holidays

Employees are entitled to take the holiday off and cannot be forced to work, nor may they be sanctioned for choosing not to work on that day.

Because this is a non-mandatory paid holiday, companies that pay weekly (outside the commercial sector), meaning they only recognize time actually worked during the week, must pay only the days worked and do not include payment for the holiday if it is not worked. If the employee chooses not to work, no sanction may be imposed. Exceptions apply as established in Articles 150 and 152 of the Labor Code. If the holiday is worked, it is paid at a regular daily rate. Overtime worked on this holiday must be paid at time and a half.

Workplaces that pay monthly or biweekly, as well as those in the commercial sector that pay weekly, recognize salary for all days of the month, including weekly rest days and holidays. In these cases, the full salary for the week, biweek, or month must be paid, including the holiday. If the holiday is worked, an additional regular daily wage must be added to complete double pay. Any overtime worked on that holiday must be paid at double time and a half, equivalent to triple pay.

Regardless of whether a company is national, multinational, or international, it must grant the holiday to employees working in Costa Rica. Any agreement waiving the enjoyment of public holidays is absolutely null under Article 11 of the Labor Code.

Important notes

1. Information based on provisions from the Ministry of Labor and Social Security (MTSS).
2. For the year 2026, no holiday transfers are contemplated unless a subsequent legal provision is issued.

How can Asicon Consulting support you?

At Asicon Consulting Costa Rica, we support you in the correct application of New Year’s Day holiday pay, salary calculations, double pay or overtime, as well as the review of withholdings and labor charges, ensuring compliance with current labor regulations.

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Our support includes specialized advisory services, process validation, and end-of-period support, allowing companies to manage the New Year’s Day holiday in an orderly, transparent manner and in full compliance with Costa Rican legal requirements.