(Employment For Foreigners In Costa Rica) Labor Insertion Of Foreigners In Costa Rica

Due to Costa Rica being a politically stable state characterized by peace and its natural beauty, it has become the destination for many foreigners who, for various reasons and circumstances, decide to migrate. This migration has led to a growing increase in foreign labor, making it essential to develop regulations that govern the employment of non-residents, to ensure the rights and duties of both migrant workers and their employers.

The main normative sources that regulate the rights and duties to be fulfilled within the hiring of foreign workers are the Labor Code and the General Law on Migration and Immigration, which, together, aim to seek through migration policy the complementarity between national and migrant labor, in such a way that there is no displacement of national labor by the incorporation of immigrant workers, while ensuring equal rights for all.

Although foreign workers enjoy the same labor rights as Costa Ricans, such as fair wages, regulated working hours, and access to social security, they may face various challenges such as language barriers and cultural differences that could hinder their insertion and labor adaptation.

“According to the ECE of INEC (2023b), in Costa Rica, 12.0% of the economically active population are people born in another country. However, only 2.1% of these people work in university-level, scientific, or intellectual professions, while 22.4% work in elementary occupations. On the other hand, the rate of labor informality is 42.4% for Costa Ricans and 54.2% for migrant workers” (PNIR 2023-2027). This highlights not only the lack of inclusion of non-resident workers but also the lack of information that exists about labor rights among both the national and migrant foreign populations.

Costa Rican legislation has sought to adapt to these social changes by implementing and strengthening inclusive policies and programs for the integration of foreign persons, focused primarily on access, quality, and continuity in the labor market, which are fundamental factors for the integration of migrant and refugee persons.

These efforts emphasize not only the strengthening of labor insertion, where the government has worked closely with chambers of commerce and business associations to promote the hiring of foreign personnel under standards of equality and respect, but also the equality of conditions and labor formalization, allowing workers to access better wages, social benefits, and greater labor protection, thus improving their quality of life and that of their families. This, in turn, represents a benefit for the country’s economic growth by increasing tax revenue and labor productivity, among other things.

Additionally, the importance of promoting more inclusive work environments by establishing non-discrimination policies that ensure that foreign workers receive the same treatment and opportunities as nationals from their employers is emphasized; but also addressing issues such as discrimination, racism, and xenophobia through workshops and seminars on diversity, which raise awareness and train officials on migration diversity issues. Furthermore, it aims to reduce the irregularity of migrant labor in various groups, such as migrant women working in domestic jobs who are often particularly vulnerable to discrimination and labor exploitation.

Also, the implementation of awareness and labor integration programs aimed at the migrant population, such as Spanish as a second language courses and specific cultural orientation for foreign workers, stands out, which seek to improve communication in the work environment and facilitate a better understanding of Costa Rican social and labor norms, providing workers with tools to interact effectively with their colleagues and navigate the legal and practical aspects of their employment.

The National Integration Plan for Costa Rica (PNICR) 2023-2027 proposed labor-related goals, highlighting the importance of issuing labor capacity certificates, initiatives related to labor insertion, promoting information on labor rights and access to the labor market, and implementing actions that encourage the training and associativity of migrant and refugee persons in the socio-labor and productive fields through SMEs and cooperatives.

From my perspective, the labor inclusion of foreign persons must be a joint effort between government policies, the internal guidelines of each company, employers, and society in general. This is fundamental for a heterogeneous society that is constantly changing and evolving, and which, due to factors such as international trade openness and new technologies that allow remote work from various parts of the world, is increasingly integrated by foreign persons, and therefore it is necessary to foster new policies that correctly integrate foreign persons into the labor field.

The development of these issues within the labor field must be approached from an ethical perspective that safeguards human rights, while also seeking the development of a more inclusive society and the country’s economic growth in the global scenario.

We are at your service to advise you on any labor and/or migratory process that allows you to have an adequate understanding of the regulatory framework and its correct implementation.

Monserrath Serrano Obando
Legal Assistant
mso@quatro.legal