According to the Ministry of Labor of Costa Rica, all foreigners who have a residence permit free of status, work permit or legal status as a refugee or asylum can legally work in the country.

For this reason, any foreigner who wishes to carry out paid work in Costa Rica must, in first instance, request a migratory category that allows it, be it a temporary residence or a special work permit. However, foreigners who have a permanent residence permit (DIMEX) can work without requiring a work permit.

How do you get the work permit?

The work permit is an authorization, issued by the General Directorate of Immigration and Foreigners, which must be held by all foreigners who wish to work in Costa Rica. In order to give this authorization, the Directorate considers the opinions prepared by the Ministry of Labor and Social Security, by means of which it determines whether or not the work permit is recommended, based on national labor displacement criteria.

Who can apply for the work permit?

Work permits for foreigners must be managed by the employer based on current legislation, before the General Directorate of Immigration and Foreigners. It is the obligation of foreign workers to keep their documents in order and provide the necessary documentation to the employer at the time of carrying out the respective procedure before the General Directorate of Immigration and Foreigners. And if the employer is registered with said Institution, the process can be more expeditious.

What are the requirements to apply for the work permit?

• Affiliation form (request)
• Letter explaining why you are applying for the work permit, with your full name, nationality, age, occupation, address of where you currently live and place or form of notification.
• Payment receipt of ¢125.00 and ¢2.50 for each submitted sheet with the residency application. It must be paid by the applicant and include his/her name.
• Recent passport-sized photographs.
• Proof of fingerprint registration issued by the Ministry of Public Security.
• Proof of consular registration.
• Legalized birth certificate.
• Criminal record from your country of origin or where you have legally resided for the past three years. Certified copy of the immigration document to prove the legality of your residence in that country.
• Copy of all pages of your valid passport.
• Authenticated job offer indicating at least the functions, the schedule and the agreed salary.
• Certificate of legal status of the company or institution issued no earlier than one month to the presentation of the application for temporary residence for the foreign person.
• Proof that the company is up to date with the payment of municipal and tax taxes.
• Certificate of income, balance and income statement, issued by Authorized Public Accountant.
• Certificate of the insurer indicating that the insurance for the worker is up to date.

Rights and Obligations of the Foreign Employee.
Those admitted or authorized as permanent residents may participate in any task, paid or lucrative activity on their own, or in a dependency relationship, in accordance with their income category and in accordance with the laws that regulate their exercise and with those provided by the Immigration Law in force.
While those admitted as temporary, may, with the exceptions established by law, develop paid or lucrative tasks on their own or in a dependency relationship only during the period of their legal stay and in those activities authorized by the General Directorate of Migration, prior favorable report from the Ministry of Labor and Social Security.

Obligation of Workers

All workers must be affiliated with the Costa Rican Social Security Fund (CCSS) and also enjoy work accident insurance that the employer pays to the National Insurance Institute.
Rights

Foreign workers have the same rights in the labor relationship as nationals (minimum wage payment, bonus, vacations, unemployment, social security, among others).
No employer can remove or retain passports from foreign workers.
Foreign workers must verify that their rights are applied, otherwise they must go to the competent institutions (Ministry of Labor and Social Security, Caja Costarricense de Seguro Social, Instituto Nacional de Seguros among others).
The fact of being in an irregular migratory condition does not exempt the employer from all his labor obligations and the worker from his/her right to go to the offices of the Ministry of Labor and Social Security for his/her respective advice and information.

Sanctions
Carrying out paid work without having the immigration permit is punishable by deportation and payment of fines.
It is the employer’s responsibility to verify the legal permanence of the foreign worker, since the Law indicates that the person who hires foreign workers in an irregular condition will be exposed to administrative sanctions according to the Law.
At ERP Lawyers we have a team of professionals in labor and immigration law willing to provide the advice and support required for foreigners to legally exercise their labor functions in the country, and we also provide advice to employer companies that wish or require hiring foreign personnel so that they can carry out the corresponding process.
Contact us today to receive ethical and responsible advice.