QCOSTARICA — It’s December and in Costa Rica, the payment of the Aguinaldo (Christmas or year-end bonus) is an inalienable right for all workers, whether they are in the public or private sector.
According to the Law on the Ley Pago de Aguinaldo a Servidores Empresa Privada, Ley 2412 (Payment of Bonuses to Private Company Employees, Law 2412), employers have until December 20 to make this payment, a deadline that seeks to ensure that employees have this extra income to meet their end-of-year expenses.
However, the process is not free of complications for both parties.
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The bonus is calculated as the sum of all ordinary and extraordinary salaries earned between December 1 of the previous year and November 30 of the current year, divided by 12. This calculation includes bonuses, overtime and any other salary-related matters, which makes it essential for employers to keep a detailed and transparent record of income.
Proportional bonus and temporary contracts
In cases of resignation, dismissal, or temporary contracts, the worker has the right to a proportional bonus. This is calculated taking into account the months and days worked and respecting the principle of non-waivability that characterizes this right.
Common problems in the payment of the bonus
For workers, one of the most frequent problems is not receiving the correct amount or that the payment is delayed beyond the established deadline. In these cases, the worker can go to the Ministry of Labor to report the undue withholding, which has the power to impose fines on the employer and, if necessary, the worker can judicially request payment of the bonus along with the termination of the employment contract with the consequent payment of all corresponding rights.
On the other hand, employers, especially in small and medium-sized companies, face financial challenges that make it difficult to comply with this payment. According to Pérez Matamoros, a law professor at Universidad Fidélitas, “the lack of accounting provisions during the year is a recurring error that leads to financial imbalances in December. It is a key practice to divide the accrued salary by 12 and reserve that amount monthly.”
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In extreme cases, companies resort to loans or cuts to meet this obligation.
Differences between the public and private sectors
Although the calculation of the aguinaldo is uniform, there is a difference in the payment date.
In the public sector, the disbursement is made on a homogeneous date for all officials, typically within the first 10 days of December. while in the private sector employers have flexibility to choose the date, always within the legal deadline of December 20.
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Aguinaldo in case of resignation or dismissal
When a worker ends his or her employment relationship before December, he or she has the right to receive a proportional bonus. This right, along with pending vacations, must be respected regardless of the cause of the termination of the contract.
Irregularities in calculation and withholdings
The Ministry of Labor offers free calculators to verify the amount of the bonus, as well as assistance in its offices, explained the Fidélitas Law professor. In addition, employees who face unjustified deductions, such as those related to alimony, can report the case to a family court.
The aguinaldo not only represents a legal obligation for employers, but also an economic relief for workers and their families. Complying with this regulation is not only a duty, but a way to strengthen the employment relationship and mutual trust. However, as Pérez Matamoros concludes, “planning and transparency are essential to avoid conflicts and guarantee respect for this right.”
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