In many companies operating in Costa Rica, it is common to grant 10, 15, or even 30 minutes to “have a cup of coffee,” whether in the middle of the morning or the afternoon. This gesture often improves workplace morale and productivity.
However, when questions or claims arise regarding overtime and payment for breaks, very specific doubts emerge: is the employer required to grant that time? And, if it is granted, must it be paid?
The specific answer is that the law does not regulate “coffee break time” as a specific right, but it does establish rules regarding minimum breaks and, above all, regarding when a break is considered effective working time (and therefore paid) and when it is not.
Below is a clear and practical explanation, based on the Labor Code, technical criteria, and case law from the Second Chamber, together with guidance to prevent a well-intentioned benefit from ultimately creating liabilities.
i. The law does not refer to “coffee break time,” but it does regulate minimum rest periods
The Labor Code does not create a right to “15 or 30 minutes for coffee.” What it regulates is effective working time and the minimum break within the workday.
In particular, Article 137 defines “effective working time” as the time during which the employee remains under the employer’s authority or cannot leave the place where services are rendered during meal and rest periods. In addition, it includes a key rule: the mandatory minimum half-hour break is considered effective working time only if the workday is continuous.
In turn, Article 136 allows the parties to agree upon and organize the hours allocated to rest and meals, according to the nature of the work and within the legal framework.
In summary:
- The law sets a minimum and leaves room for the company to organize breaks.
- From a legal standpoint, so-called “coffee break time” is a break. The key issue is how the workday is structured and whether, during that period, the employee remains at the employer’s disposal.
ii. Continuous workday vs. split workday
In practice, the debate is rarely whether “coffee break time” exists. The real discussion is usually something else: specifically, whether that period counts as effective working time. And that depends on two factors: the type of workday and the degree of the employee’s availability.
A) Continuous workday (the minimum 30-minute break is paid)
When the workday is continuous, the minimum half-hour break is considered effective working time by legal mandate. This means that this minimum break is included within the workday and must be paid.
B) Split workday (intermediate breaks are generally not paid)
A split workday is characterized by an intermediate break, typically for lunch, during which the employee may disengage from the employer’s authority and freely use their time. In that scenario, that period is generally not counted as effective working time.
The Second Chamber has held that when the break is one hour or longer and the employee is not at the employer’s disposal during that period, that time cannot be counted as effective working time and, therefore, does not have to be paid.
Example: A schedule from 8:00 a.m. to 5:00 p.m. with a lunch break of one hour or more at midday. If during that period the employee is not at the employer’s disposal, that time is not part of the workday and does not automatically give rise to payment, since it is not effective working time.
iii. So... is “coffee break time” paid or not?
Regardless of whether the workday is continuous or split, the answer depends on whether the employee remains at the employer’s disposal.
If, during that period, the employee must remain “working” (for example, attending customers, answering calls, responding to messages, or being unable to use their time freely), that break may be considered effective working time.
Article 2 of ILO Convention No. 30 is consistent with this approach by defining “hours of work” as the time during which personnel are at the employer’s disposal, and expressly excluding breaks during which such availability does not exist.
iv. A “voluntary” benefit can become a mandatory rule
Although “coffee break time” is not regulated by law, if the company grants it voluntarily, consistently, and repeatedly without clear rules, in some cases it may become an implied condition of employment through custom.
v. Best practices: how to implement (or adjust) coffee break time
If your company wishes to grant coffee break time, the recommendation is to do so in an organized and documented manner. These measures often make the difference:
- Define the nature of the break: is it part of the workday or free time?
- Specify whether it is paid or not, depending on the type of workday and the required availability.
- Establish its duration and schedule (for example, 10–15 minutes in the morning and/or afternoon).
- Set operational rules: rotation by area, minimum coverage, interruptions only in emergencies, etc. (This prevents the break from being “distorted.”)
- Document it, whether through an employment contract, addendum, internal regulations, policy, or signed communication.
- If the practice already exists, conduct a review and define it clearly. There are cases in which “coffee break time” is already perceived as an implied condition through custom.
At Bufete Godínez & Asociados, a law firm specialized in Labor Law in Costa Rica, we analyze each situation with a preventive and litigation-focused approach, assisting national and multinational companies in comprehensive labor risk management. Our team of labor attorneys provides strategic advice on the classification of trusted positions (internal audits), drafting and adjustment of contracts, job profiles, and internal policies, employer defense and claims related to working hours and overtime, as well as the design of evidentiary strategies for labor litigation.
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