DOING BUSINESS IN COSTA RICA
LABOR LEGISLATION - 15 FREQUENTLY ASKED QUESTIONS
What can and can’t be asked at a job interview?
When hiring high-ranking management positions, companies usually require services from a firm that specializes in the process of candidate recruitment and selection; however, it is possible and common for companies to hire personnel directly and carry out these processes themselves. In such cases, it’s necessary to consider that our labor legislation seeks to prevent and eliminate labor discrimination. The discrimination prohibitions starts with the recruitment process andis maintained even after the labor relationship has ended.
During the interview and/or within application forms, companies should eliminate any question that might imply discrimination due to age, ethnic group, gender, or religion. Among others, the following are some of the questions that should be avoided: pregnancy status, religion professed by the applicant, sexual preference, political affinity and such. Further, the company must not publicly offer vacancies to people within an age range that might openly discriminate the elderly or the minors.
LABOR, SOCIAL SECURITY AND PAYROLL LIABILITIES
Specialist in Corporate Labor Issues
Social security withholdings and payroll charges are payments or charges that employers and employees must pay to various State agencies. These payments are based on constitutional and legal precepts that create the obligation to contribute to the financing of the social security system. Social insurance by way of social security is the responsibility of the Costa Rican Social Security Administration (“Caja Costarricense de Seguro Social” or CCSS, by its acronym in Spanish).
Article 3 of the law that created the Costa Rican Social Security Administration provides that social security coverage is mandatory for all workers and that the amount of the contributions is calculated on the basis of the entire compensation paid to employees, which includes salary in cash, salary in kind, overtime, salary bonuses and any other item that may be deemed to be salary.