On May 21, 2021, Law 9982 came into force, extending the application of work shift reductions for companies in the tourism sector. Consequently, for up to one year, and as long as the state of emergency continues, the tourism sector can apply for the authorization of the said reductions, at the Ministry of Labor.

The companies to which this regulation applies are: Hotels, non-traditional hosting companies; receptive tour operators; tour agencies; travel agencies; tourist transport; car rentals; tourist guide companies; adventure tours companies; craft sales; pool resorts; casinos; international airport stores; local or international airlines; nautical transport; sport fishing boats; marinas and tourist berths; bars; restaurants; artistic, cultural and entertainment activities; regular route public transport services.

The legal considerations that these authorized companies must take into account when applying to these reductions are the following:

• The company must be in compliance with labor legislation.
• The Ministry of Labor may carry out an inspection at the workplace.
• The company must have maintained the employment of employees that are subject to the reductions, to whom the reduction is intended to apply.
• No splitting of working hours for employees who have reduced working hours are allowed.

When the reduction of the work shift is applied to a percentage of employees, the company may not make the employees work overtime; instead, it must reinstate the employee with the reduced working hours.

For legal advice on Costa Rican Employment & Labor, Human Resources, and Immigration Law, please do not hesitate to contact us.