Date of publication:

03/21/2024

Costa Rica

Do domestic laws and policies prohibit the employment of children under specified ages?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

The law permits the work of adolescents, including refugees and asylum seekers, aged fifteen and above to work, while also placing significant emphasis on their well-being and development. The law also permits, in specific circumstances for children aged between 12 and 15 years old to work. 

The Ministry of Labor and Social Security plays a crucial role in regulating adolescent labor contracts, with a focus on protective measures and the enforcement of labor rights. The Code extends its protection to adolescents engaged in family work, recognizing their contributions to family enterprises. Importantly, from the age of fifteen, adolescents are granted legal capacity in labour matters, allowing them to enter into contracts, demand legal enforcement, and seek redress for any violations.

The Código de la Niñez y la Adolescencia of Costa Rica, article 79 establishes equal treatment for adolescents, prohibiting any form of discrimination in employment based on age, race, gender, religion, or socioeconomic status : "All adolescents shall be equal before the law and shall enjoy the same protection and guarantees as adults, in addition to the special protection granted to them by this Code. They shall have full equality of opportunities, compensation, and treatment in matters of employment and occupation.

No distinction, exclusion, or preference shall be established among workers or groups of workers based on age, race, color, sex, religious or political belief, physical, social, or economic condition. The apprenticeship contract, as provided by the respective law, shall remain unaffected; however, only individuals aged fifteen and above may be contracted as apprentices."

There is no specific regulation on whether work permits for asylum seekers may be issued to persons over 15 years of age in accordance with the applicable regulations.