1.General Overview
Article 69, subsection j) of the Labor Code establishes that every employer must grant the necessary time, without any reduction in salary, for employees to exercise their right to vote in popular elections. Likewise, article 292 of the Electoral Code provides that if an employer obstructs the exercise of suffrage by their employees, a fine of two to five base salaries shall be imposed on the employer who, in breach of the obligation set forth in subsection j) of article 69 of the Labor Code, prevents employees from being absent from work on election day for a reasonable period of time to cast their vote, or who, as a result thereof, applies any sanction or reduces their salary.
In practice, this leave applies only for the time strictly necessary for the employee to travel from the workplace to the polling station where they must vote and then return to work to continue performing their duties.
The law does not specify a fixed amount of time. Therefore, it is important that an agreement be reached between the employer and the employee to ensure the right can be exercised without inconvenience. Factors such as the distance to the polling station and the employee’s working hours must be taken into account.
2. Implications for Employers When Granting Time to Vote
- Legal Compliance
In Costa Rica, granting time off to vote is not optional; it is a legal obligation. Failure to comply may result in:
- Fines
- Administrative sanctions
- Labor claims
- Paid Time Off
- The time used to exercise the right to vote may not be deducted from the employee’s salary.
- The employer may not require the employee to vote outside their regular working hours.
- No Retaliation
The employer:
- May not sanction, dismiss, or threaten an employee for exercising their right to vote.
- May not influence the employee’s political preference, as doing so could constitute discrimination or electoral coercion.
- Work Schedule Organization
The employer may:
- Establish or reorganize work shifts.
- Authorize staggered departures among employees in order to avoid disrupting the company’s productive process.
- Impact on Workplace Climate
Granting time off:
- Strengthens the company’s image and reputation as a responsible employer.
- Improves employee trust and engagement.
- Reduces labor and legal conflicts.
- Proof of the Exercise of the Right
The employer may request:
- Proof of voting; however, the employer may not ask for whom the employee voted.
3. Obligations of the Employee
The employee must:
- Make reasonable use of the time granted by the employer to exercise the right to vote.
- Comply with and respect the employer’s internal policies applicable to this matter.
- Avoid discussing political issues in the workplace.
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