On 7 May, 2022, Rodrigo Chaves, the newly elected President of Costa Rica, issued Executive Decree 43543-S which amends Executive Decree 42889-S of 10 March, 2022. The new Decree states that all public institutions and the Costa Rican private sector are encouraged not to carry out dismissals of employees who do not have their completed Covid-19 Vaccination Program.

Also, the Executive Power requested the National Commission on Vaccination and Epidemiology, through technical and statistical studies, to indicate and recommend which public officers can be dismissed in the event of non-compliance with the current mandatory vaccination requirement. In the same sense, it urges to carry out technical studies that demonstrate the effect of mandatory vaccination on the percentage of the effectively vaccinated population, including an analysis of international evidence.

Moreover, on 8 May, 2022, the President issued Executive Decree 43544-S amending Executive Decree 42421-S of 10 March, 2020, “Mandatory use of face masks”. The new Decree amends Article 3 of the previous Decree and adds a second paragraph, which provides that: all individuals who are not first-line health care personnel or who do not require access to public or private health facilities, are exempt from this obligation (use of face masks).

The Ministry of Health must establish, under technical and objective reasons and with a human rights approach, the exceptional cases in which the mandatory use of the mask is excluded. However, the use of face masks is still mandatory for all front line health care workers in the public and private sector in the country, as well for people who need to access public or private health facilities in the country.

To obtain legal advice in Costa Rica on labor law and sanitary restrictions, do not hesitate to contact us.