Countries › Costa Rica › Guide › 7. Labor and employment › Unions, solidarista associations, strikes and collective bargaining in Costa Rica: 12 founders, union leader protection and the 2020 strike rules

Unions, solidarista associations, strikes and collective bargaining in Costa Rica: 12 founders, union leader protection and the 2020 strike rules

Last verified: 2026-10-29 · Status: Stable

Costa Rican workers may form unions without prior authorisation with at least twelve members, and nobody can be forced to join or leave one. Union founders, leaders and candidates have temporary job protection, and a dismissal in breach of it is void with reinstatement. An employer with more than a third of its staff unionised must negotiate a collective convention of one to three years when the union asks. A legal strike needs majority support under a formal vote, and since Ley 9808 of 2020 political strikes are illegal and protest strikes against public policy are capped at 48 hours. Solidarista associations, run by workers with employer contributions, are the common alternative in the private sector.

USD figures use the Banco Central de Costa Rica reference selling rate of ₡454.82 per US dollar published for 29 October 2026 (indicator 318 on bccr.fi.cr), rounded to the cent. Fines use the 2026 salario base of ₡462,200 (Circular 246-2025 of the Consejo Superior del Poder Judicial, under Ley 7337 art. 2).

Key facts

Minimum members to form a workers' union	12 membersCódigo de Trabajo art. 343, as of 2026-10-29 · in force
Unionised share that obliges a collective convention	33.33 %Código de Trabajo art. 56, as of 2026-10-29 · in force
Minimum turnout in a strike ballot without a majority union	35 %Código de Trabajo art. 381(2), as of 2026-10-29 · in force
Maximum duration of a protest strike against public policy	48 hoursCódigo de Trabajo art. 371, as of 2026-10-29 · in force
Member saving in a solidarista association	3 to 5 %Ley 6970 art. 18(a), as of 2026-10-29 · in force

The rule

1. Employers and workers may form unions without prior authorisation, starting registration with the MTSS within thirty days; a workers' union needs at least twelve members and an employers' union at least five employers in the same activity. Nobody may be forced to join or not join a union.Ley 2, Código de Trabajo, as reformed by Ley 7360, art. 341 and art. 343, 1993-11-04 official text · verified 2026-10-29

2. Job protection (fuero sindical): up to twenty founding members for two months from notice to the MTSS and two months after the registration request (four months maximum); one leader for the first twenty union members and one more per twenty five, up to four, while in office and six months after; candidates for the board for three months; and elected worker representatives where there is no union.Ley 2, Código de Trabajo, as reformed by Ley 7360, art. 367, 1993-11-04 official text · verified 2026-10-29

3. Dismissing a protected worker without just cause is void; the court orders reinstatement and back pay, or if the worker declines reinstatement, full severance plus the salaries for the unused protection period.Ley 2, Código de Trabajo, as reformed by Ley 7360, art. 368, 1993-11-04 official text · verified 2026-10-29

4. Where at least half plus one of the workers belong to a union, the employer may not negotiate collectively with anyone else, and such agreements are not registered by the MTSS.Ley 2, Código de Trabajo, as reformed by Ley 7360, art. 370, 1993-11-04 official text · verified 2026-10-29

5. A collective convention has the force of professional law and all individual contracts must adapt to it. An employer with more than one third of its workers unionised must negotiate one when the union requests; after thirty days without agreement either party can go to the labour courts.Ley 2, Código de Trabajo, as reformed by Ley 6771, art. 54 and art. 56, 1982-07-05 official text · verified 2026-10-29

6. A convention lasts at least one year and at most three, and is renewed automatically for the same period unless denounced one month before expiry.Ley 2, Código de Trabajo, art. 58(e), 1943-08-27 official text · verified 2026-10-29

7. A legal strike is a peaceful concerted stoppage by at least three workers representing more than half of the votes cast; political strikes are illegal, protest strikes against public policies directly affecting workers may last at most 48 hours and not be repeated, and strikes involving road blockades or blocking access are not peaceful.Ley 2, Código de Trabajo, as reformed by Ley 9808, art. 371, 2020-01-21 official text · verified 2026-10-29

8. If unions holding 50% of the workers do not call the strike, a secret ballot supervised by the labour inspectorate is required with at least 35% of the workforce voting and more than half of the votes in favour; staff in probation, trust positions and fixed term workers are excluded from the count. A legal strike suspends contracts for its duration.Ley 2, Código de Trabajo, as reformed by Ley 9343, art. 380, art. 381 and art. 382, 2016-01-25 official text · verified 2026-10-29

9. Solidarista associations are run exclusively by their worker members; members save 3% to 5% of salary through payroll deduction, the employer contributes an agreed monthly amount held as a cesantía reserve, and the employer pays any shortfall against legal cesantía.Ley 6970, Ley de Asociaciones Solidaristas, art. 1, art. 18 and art. 21, 1984-11-07 official text · verified 2026-10-29

Worked example

A plant with 300 workers where 110 join a union (more than one third) must negotiate a collective convention if the union asks; if 151 join (half plus one), the employer can no longer sign direct arrangements with non union workers (art. 56 and 370).

Step by step

Train managers on the fuero periods before restructuring.
Check the union's membership share before signing any collective arrangement.
If a strike is called, verify the vote under art. 381 and the minimum services plan.
Agree solidarista contributions in writing and track them against cesantía exposure.

Common traps

Dismissing a founding member after the union's notice to the MTSS is void (art. 368).
A worker who breaches the minimum services plan during a strike can be dismissed with cause (art. 81(m)).
Employer contributions to a solidarista association do not cap cesantía; the employer covers any difference.

Sources

← Social security and occupational risk insurance in Costa Rica: CCSS registration, worker and employer contributions, the INS policy and the labour capitalisation fundOutsourcing, intermediaries and contractors in Costa Rica: joint liability of the client, the presumption of employment and group employer rules →

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