Labor Code

ARTICLE 118 -Maritime and waterway workers are those who provide navigation-related services aboard a vessel, under the orders of its captain, in exchange for high-quality food and the agreed-upon salary.
Navigation-related services are understood to include all tasks necessary for the management, maneuvering, and operation of the ship.

ARTICLE 119 - The captain of the vessel shall be considered, for all legal purposes, as the representative of the employer, if the captain is not the employer themselves. The captain shall also hold the status of an authority in the cases and with the powers granted by common laws.

ARTICLE 120 -Every fisherman must sign a crew enrollment contract with the fishing vessel owner or their authorized legal representative. A fisherman is understood to be any person employed or contracted to work aboard any fishing vessel, in any capacity, and listed in the crew roster.
The enrollment contract shall comply with formalities appropriate to its legal nature and be written in understandable terms to ensure the fisherman fully comprehends the clauses of the contract.
The contract will specify the name of the fishing vessel on which the fisherman will serve, as well as the journey(s) to be undertaken, if such information can be determined at the time of signing. If not, it will include the estimated departure and return dates, destination routes, and the method of remuneration. If the fisherman is compensated based on a share of the catch or piecework, the contract must state the amount of their share and the method used to calculate it. If remuneration is a combination of salary and a share of the catch, the contract must specify a minimum cash salary, which cannot be less than the legal minimum wage.
The Ministry of Labor and Social Security shall provide printed templates in various formats. These contracts must be issued in triplicate: one copy for each party and one copy that the employer must submit to the National Employment Directorate of the Ministry of Labor and Social Security within fifteen days of the contract's execution, modification, extension, or renewal.
In the enrollment contract, the fishing vessel owner or their authorized legal representative must declare under oath that they are up to date with their employer obligations to the Costa Rican Social Security Fund (CCSS), which must be certified before the National Employment Directorate.
The National Employment Directorate is also responsible for designing and issuing an identification document called the "Seafarer's Identity Document." This document will contain the following information about the holder: a) Full name, b) Place and date of birth, c) Nationality, d) Current place of residence,
e) Photograph, and f) Signature and thumbprint. This document will be issued to anyone who requests it, regardless of nationality, and is a mandatory requirement for signing any crew enrollment contract. The National Employment Directorate will maintain a record of these contracts and identity documents.

ARTICLE 120 bis. - The National Employment Directorate of the Ministry of Labor and Social Security, in coordination with the Occupational Health Council, the National Labor Inspection Directorate, the Costa Rican Institute of Fisheries and Aquaculture, and the Maritime and Port Security Directorate of the Ministry of Public Works and Transportation, shall establish all additional formalities and guarantees related to the execution of the enrollment contract that are deemed necessary to protect the interests of the fisherman and to ensure the proper fulfillment of contractual obligations by the fishing vessel owner regarding these contracts.
The General Labor Inspection Directorate, in exercising its supervisory authority, is compelled to act ex officio or upon a complaint from an interested party to ensure the strict application and faithful compliance with the aforementioned regulations. It shall conduct inspections and issue warnings to violators as appropriate. Upon verifying an infraction, it shall grant the legal deadline for the employer to cease the prohibited act and restore normal conditions. In cases of noncompliance, resistance, or refusal to meet the requirements, the corresponding legal action shall be brought before the competent labor courts.
The fishing vessel owner or their legal representative, prior to signing the enrollment contract, must require the fisherman to present the "Seafarer's Identity Document" and a medical certificate attesting to their physical fitness for the maritime work for which they are being employed.
The port authority shall maintain a permanent register of fishing vessels and their registration, as well as of their owners. It shall also keep a record of fishing permits and licenses for each vessel, including their validity periods.
To grant clearance for departure, it will be necessary, in addition to the aforementioned registration, to have previously submitted to the port authority the complete list of the crew and all persons aboard, including the vessel owner, specifying their respective roles and attaching a copy of each person's identification documents. The employment of children under sixteen years of age for any type of service aboard fishing vessels is prohibited. This applies to all vessels, ships, and boats, regardless of their class or ownership, whether public or private, engaged in maritime fishing. However, this prohibition does not apply to training ships that are properly accredited by Costa Rican educational authorities and officially recognized as such.

ARTICLE 121 - It shall always be the employer's obligation to return the worker to the place or port specified in each type of contract established in the previous article before considering it terminated. This obligation is not waived in the event of a disaster but does not apply in cases where the worker is imprisoned for a crime committed abroad or in other similar circumstances that indicate absolute impossibility of compliance.

ARTICLE 122 - If a Costa Rican vessel changes nationality or is lost due to shipwreck, all related crew contracts shall be considered terminated at the moment the obligation referred to in Article 121 is fulfilled. In the first case, workers shall be entitled to compensation equivalent to three months' salary, unless the legal indemnities are greater. In the second case, they shall be entitled to severance pay equivalent to two months' salary, unless Article 29 grants them the right to claim a higher amount.

ARTICLE 123 -Neither party may terminate any crew contract, even for just cause, while the vessel is on a voyage. A vessel is considered to be on a voyage when it is at sea or in any national or foreign port that is not one of those specified in Article 120 for the worker's return.
However, if the vessel is in any port and the captain finds a replacement for the worker who wishes to leave their duties, the worker may terminate their contract, provided they comply with the legal provisions.

ARTICLE 124 - The change of captain for one who does not ensure safety, competence, and proper direction, or the alteration of the vessel's destination, shall also be just causes for workers to terminate their contracts.

ARTICLE 125 - Taking into account the nature of the tasks performed by each worker, the urgency of these tasks in a given situation, whether the vessel is in port or at sea, and other similar factors of interest, both parties shall have broad freedom, within legal limits, to establish provisions regarding work shifts, rest periods, schedules, vacations, and other similar matters.

ARTICLE 126 -Workers hired on a voyage basis are entitled to a proportional increase in their wages in the event of an extension or delay of the voyage, unless this is due to force majeure or an unforeseen event. Wages shall not be reduced if the voyage is shortened, regardless of the cause.

ARTICLE 127 - The vessel, along with its machinery, gear, supplies, and freight, shall be liable for the payment of wages and indemnities owed to the workers.

ARTICLE 128 - By voluntarily abandoning their work while the vessel is on a voyage, the worker shall forfeit any unpaid wages to which they were entitled, in addition to any other legal liabilities they may incur. This does not apply if the captain finds a replacement as stated in Article 123.

The employer shall distribute the amount of the forfeited wages pro rata among the remaining workers, if there is no increase in workload; and proportionally among those who replace the departing worker, in the opposite case.

ARTICLE 129 - A worker who suffers an illness while the vessel is on a voyage shall have the right to receive medical attention at the employer's expense, both aboard and on land, with the enjoyment of half of their wages, and to be reinstated once they have recovered, in accordance with the provisions of Articles 120 and 121, if they request it. Cases covered by the Social Security Law and provisions on occupational risks shall be governed by the regulations they establish.

ARTICLE 130 - The settlement of wages for a worker who dies during the voyage shall be made according to the following rules:
a) Based on time units earned, if the settlement was made in this manner;
b) If the contract was for a voyage, it will be considered that the worker earned half of their wage if they died during the outward journey, and the full amount if they died on the return journey; and
c) If the wage was based on a share, the full share corresponding to the worker will be paid if the death occurs after the voyage has started. The employer shall not be obligated to make any payment if the death occurs before the scheduled departure date of the vessel.

ARTICLE 131 - If the worker’s death occurs while defending the vessel or if they are captured for the same reason, they shall be considered present until the voyage concludes, in order to earn the wages they would have been entitled to under their contract.

ARTÍCULO 132 - A strike declared by the workers shall be illegal when the vessel is navigating or anchored outside the port.