Costa Rica: a bill to work four days a week with three consecutive days off

On 15 August 2023, the Costa Rican Congress approved in the first discussion Bill 21.182 to reform the Labour Code, which proposes to change private sector working hours.
It was approved with 32 votes in favour and, if passed, would allow private sector employees to work a '4-3' schedule - 12 hours a day for four days followed by three days off.

In Costa Rica, working hours are eight hours per day and up to 48 hours per week.

The new draft working day would allow for working four days a week with three days off if the schedule is daytime and working three days with four days off if the worker has nighttime hours. The working day would be 12 hours, including ten and a half hours of actual work and one and a half hours off.

The choice to opt for such a working time regime would be up to the employee.

The proposal has created much discussion and division among the parties: on the one hand, some argue that it is a way to avoid paying overtime and penalises working mothers; on the other hand, some say that it would provide greater flexibility for workers, as well as offer opportunities for growth in the country. With this system, it is believed that some multinationals may decide to invest in the country, increasing its competitiveness and wealth.

The Costa Rican Chamber of Industries (CICR) gave a favourable opinion on the bill, considering it useful for job generation and improving the country's competitiveness. It stated that the 4-3 working day represents "an additional option to the current day, mixed and night working days offers more sources of work to Costa Ricans, improves the quality of life of workers and gives greater competitiveness to companies that require this type of work."

Similarly, Jorge Luis Araya, executive director of the Costa Rican Union of Chambers and Private Business Associations (UCCAEP), said: "We view the approval of this legislative file with great optimism. It represents an important step to boost the country's competitiveness in attracting foreign direct investment, strengthening the productive sector and boosting economic reactivation".

The National Liberation Party and the Frente Amplio have challenged the law's constitutionality, which is now before the Constitutional Court before the final vote.