The 4 X 3 workweek It consists of the possibility for the worker to work 4 days in a row with a 12-hour shift a day and rest 3 days a week, or to work 3 days with a 12-hour shift a day and have the rest of the week off.

Bill No. 21182 was presented to Congress in December 2018; however, as of May 2020, it is still in the respective Commission for review. This project would reform articles 136, 142, 144 and 145 of the Labor Code.

It should be clarified that the practice of this type of working day has been taking place in the reality of the Costa Rican labor sector for a long time, especially in the industrial part, but without the existence of any regulations on this type of working day.

What does the 4 x 3 workday consist of?

The intention is that extraordinary days are not paid permanently, but that the ordinary day is extended and that workers have more rest days.

Advantages of this modality:

Among the benefits, we find that it encourages labor flexibility, since it would allow many workers to study and work, to be able to carry out procedures in public institutions, or for the worker to have another part-time job, saving in gasoline and passages expenses, as well as to have more days off, adaptability of family dynamics, among others since it allows this type of shift to be adapted to their personal needs.

For the employer sector, there would be benefits such as cost reduction in public services, attraction of foreign investment, would generate greater competitiveness, productivity, and greater organization within the company for the management of high seasons and thus guarantee continuity.

This issue has been controversial for what was previously explained, there is no regulation on this type of shift, despite the fact that several attempts have been made to present numerous bills that have not been approved before the Congress, considering it, therefore, an illegal practice.

However, both the Ministry of Labor and the Second Chamber recognize that this practice has been taking place more and more in the private sector, which has been useful for large companies, multinationals, factories, industrial areas, among other types of companies.

Some reasons why, despite being a habitual practice, it is not legally recognized, is the way in which the shifts are regulated in articles 135 and 136 of the Labor Code.

The day shift establishes that it cannot ordinarily exceed 8 hours a day and 48 hours a week. However, the regulations make an exception, allowing ordinary working shifts of up to 10 hours, in jobs that the functions are not considered dangerous or unhealthy, and cannot exceed forty-eight hours per week.

While the night shift indicates that it cannot exceed 6 hours per day and 36 hours a week, and cumulative hours are not allowed on this day.

Finally, the mixed shift indicates that it cannot exceed 7 hours per day and 42 hours a week. However, an exception is made just like the regular working day, so if the work performed by the worker is not considered unhealthy or dangerous, it can extend up to 8 hours a day and forty-eight hours per week.

Another concept to clarify is that the overtime hours worked during daytime cannot exceed more than 2 hours, this because adding the hours of the ordinary day together with the extraordinary hours cannot add up mora than 12 hours per day, just as established by article 140 of the Labor Code.

It is for this reason that the issue has generated controversy because by arranging for the worker to work 12 hours a day, it would be contrary to the limits of hours that can be worked according to the law, since it is a legal limit and must be seen as something exceptional, therefore, cannot become permanent.

As there is no regulatory framework for the 4 x 3 workweek as of now, with the current regulations it would be an illegal practice, because as the Second Chamber of the Supreme Court of Justice has pointed out, it is prohibited to apply the 4 X 3 workweek as a permanent practice, since it would be contrary to its nature to be exceptional. (Resolution number 2007-000157 at 9:45 a.m. on March 9, 2007).

How can you handle it if you already apply this modality within your office or company?

The prudent thing is that, if you are going to carry out this practice because it is necessarily required by the company, take into account that there must be an agreement between the parties within the contract; that is to say, it must be stated expressly and it must be stated in writing that both the employer and the worker agree to apply this working day.

Respect the limits established within the law on what is comprised of daytime, mixed and night shifts, and therefore remunerate as overtime with 50% more than the salary earned by the employee in the ordinary way, the hours that truly correspond as such, since the worker will have the right to be paid the overtime that they have been working in a 4×3 workweek.

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