In recent years, there has been a growing trend to strengthen protections for employees who need to attend judicial or administrative proceedings related to the exercise of their labor or civic rights. This trend seeks to ensure that individuals do not refrain from using these mechanisms out of fear of internal sanctions or loss of pay.
In Costa Rica, this line of protection is reinforced in labor law through Law No. 10771, the “Ley para facilitar las gestiones administrativas de las personas trabajadoras ante el Ministerio de Trabajo y Seguridad Social” (Law to facilitate administrative proceedings of employees at the Ministry of Labor and Social Security) which amends Article 515 of the Labor Code, which entered into force on November 12, 2025.
The amendment expressly prohibits employers from denying leave or making salary deductions when an employee needs to be absent from work because they:
- must appear as witnesses or attend another proceeding in court.
- must carry out a duly justified personal administrative proceeding at the Ministry of Labor and Social Security; or
- must participate in a disciplinary process within the Public Administration.
In practical terms, this means that the employer may not refuse the leave or reduce the employee’s salary when the employee:
- submits the corresponding summons or notice in advance; or
- subsequently provides proof of attendance issued by the relevant authority.
From an internal management and compliance perspective, this reform...
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