Temporary Labor

Yes, you are required to pay the[u] proportional amount required[/u] for their CAJA and you should have an INS workers policy too, (similar to workers compensation in the case of an injury on the job as CAJA [u]will not treat a work related injury)[/u]… unless he is contracted from another ‘company’.
The previous poster says [i]’Want to get a great reputation? Offer to pay part of the CAJA”. [/i][i]This is not a gift[/i] to the worker but [b]your[/b] legal responsibility, and if not done it may come back to haunt you.

We too, are in the ‘hinterlands’ and every worker we have had, knows what they are due, and if they are ‘terminated’ and they go to the local equivalent of the ‘Labor relations’ office to find out what their termination pay should be, they [u]will[/u] be asked if this has been paid or not. If the answer is no, you as an [i]extranjero[/i], can expect repercussions…
If you have a contract worker or let’s say, coffee pickers, this doesn’t apply as you are paying them per [i]canasta [/i] unless they are also required to perform other tasks on the property as part of their employment.

BTW,if you provide accommodation for your caretaker, you need to add this cost of this ‘gift’ as part of his [i]aguinaldo[/i] plus it will come into effect, if he is terminated as part of his termination package.
[url=http://www.therealcostarica.com/costa_rica_business/costa_rica_labor_law.html#hol]Additional info[/url]

Basically, all labor in Costa Rica is treated the same. There are no temporary, part-time, or full time categories of labor recognized. Work permits issued by the CR Immigration Department for migrant agricultural workers, or foreigners working for companies in a specific technical field would be the only distinct labor category. An independent contractor contract with a worker, would have to meet the test of their not being under your direction and control, to be enforceable as such (eg. no specified hours of work, etc.). Otherwise, the worker would be an employee and subject to all the normal CAJA payments and the provisions of the CR Labor Code.

[quote=”VictoriaLST”]Oops. I stand corrected. Although it may be a legal responsibility, it is seldom done out here in the hinterlands. Probably more usual in the cities. I know our caretaker was surprised and delighted when I told him I would pay his CAJA as no one else has ever offered.[/quote]

The “hinterlands” are not that hinterlands any more and I have seen many cases where all of a sudden 2 or 3 CCSS inspectors walk on a property and interview the workers. I have seen employers not only pay the difference for several months or years but also pay a fine as much as $2000. Caja (CCSS, Social Security) and workers insurance INS is not something one offers, it is any employers obligation, unless the job is done by “contrato por obra determinada” and the contracting company does have workers they send to do the job (and pay their CCSS, INS and benefits).

Some workers are still humble and shy, but they are not stupid and they know their rights, and after being fired, some go to the Ministerio de Trabajo and get their calculation sheet telling them what they were supposed to be paid vs. what they have been paid, including amount of aguinaldo, cesantia, vacaciones and preaviso.

Some employers are lucky, others are not, but you never know what group you belong to until you fire your worker (or CCSS walks on your property).