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Constitutional Court Ruling
Gives Domestic Workers One Day
Off and Less Hours Daily
Domestic workers in Costa Rica
had one more reason to celebrate
International Women's Day as the
Constitutional Court ruled in
their favour.
The president of the Asociación
de Trabajadoras Domésticas, Rosa
María Acosta, had made a
Constitutional appeal to article
104 of the Código de Trabajo (Labour
Code) in the hopes of bettering
working conditions for domestic
workers.
Presently, the working day for a
domestic workers is of 12 hours,
with an employer asking for up
to an additional 4 hours work,
for a total of a 16 hour work
day, twice the work day of other
workers. The total work time can
be broken up into parts, which
effectively reduces their free
time.
The Constitutional Court
decision guarantees domestic
workers a maximum work day of 12
hours and must be continuous.
In the case of minors who work
as domestics, the magistrates
had their differences in the
possibility of prohibiting
minors working and opted for the
maximum work day of 12 hours and
cannot be forced to work
overtime.
Incredible as it may sound, but
today domestic workers are the
only workers who are left with
only a 1/2 day per week of free
time, while most other workers
enjoy two days off a week.
With the ruling, domestic
workers now will be able to
enjoy one full day off. In
addition, the Constitutional
court ruling also now guarantees
domestic workers time off for
statutory holidays.
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