As of September 29, 2025, Executive Decree No. 45166-MTSS was published in Supplement No. 124 to La Gaceta No. 181, establishing the Regulation on Occupational Health and Safety Committees and Departments, and repealing Executive Decree No. 39408-MTSS of November 23, 2015.
Main Changes:
I. Scope of Application: Mandatory for all workplaces in both the public and private sectors, requiring the establishment of Occupational Health and Safety Committees in companies with 10 or more employees, and Occupational Health and Safety Departments in companies with more than 50 permanent employees.
II. Digital Registration: Employers are required to register these bodies with the Occupational Health Council, using an official corporate email address as a valid means of notification.
III. Constitution and Registration: Committees must be formed through an electoral process during regular working hours, while Departments must be formally registered within 30 calendar days.
IV. Resources and Facilities: Employers are obligated to provide resources, annual training, and paid time for worker participation in these occupational health structures.
V. Regularization of Pre-existing Departments: A transitory provision grants 30 business days for the regularization of Occupational Health Departments established before 2016.
Importance:
This regulation reinforces workplace health and safety protection, setting out clear conditions for worker participation and ensuring that companies comply with minimum organizational standards in occupational health, in alignment with the Occupational Health Act and Costa Rica’s Labor Code.
Legal Basis:
Executive Decree No. 45166-MTSS, published in Supplement No. 124 to La Gaceta No. 181 on September 29, 2025.
New Paid Leave for Labor and Administrative Procedures
On October 7, 2025, the Legislative Assembly approved in second debate Bill No. 23,142, which amends Article 515 of the Costa Rican Labor Code.
Main Changes
I. Paid Leave: Employees are entitled to be absent from their workplace, with full pay, to carry out personal procedures before the Ministry of Labor and Social Security (MTSS) or to participate in disciplinary proceedings within the Public Administration, without any deduction from their salary.
II. Employer’s Obligation: Employers must grant such leave during regular working hours, provided that the employee duly justifies the appointment or summons issued by the competent authority.
III. Formalities and Control: The Ministry of Labor and Social Security (MTSS) and other public institutions are expected to issue the corresponding certifications or attendance records to verify the proper use of this paid leave.
IV. Coverage: This provision applies to all employment relationships governed by the Labor Code, including both public- and private-sector employees.
Importance:
This reform provides legal certainty to a practice that, until now, had not been expressly regulated. It helps prevent disputes regarding the employer’s obligation to authorize leave for official or administrative procedures, while safeguarding the employee’s right to attend such matters without loss of income.
Legal Basis:
Bill No. 23,142, approved in second debate on October 7, 2025. Amendment to Article 515 of the Costa Rican Labor Code (pending publication in La Gaceta for entry into force).
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