GPS Regional Prescence
Costa Rica
GENERAL INFORMATION ON COSTA RICAN LEGISLATION.
Government Regulators.
Key Regulators:
- Costa Rican Social Security Fund (CCSS)
- National Insurance Institute (INS)
- Ministry of Finance
- Ministry of Labour and Social Security
Labour Legislation and Social Security
- The legislation is governed by the Ministry of Labour and Social Security (MTSS).
- Employers must register workers in the social security system from the beginning of the employment relationship.
- Social security is funded by the government, employers, and workers:
- Worker's contribution: 10.67% of gross salary.
- Employer contribution: 26.67%.
Employment Contracts
- There are fixed-term and indefinite contracts.
- The Labor Code establishes that the employer must insure employees against occupational risks through a policy with the INS.
Deductions and Taxes
- Employees are subject to withholding of salary income to pay income tax, applicable only to those who exceed the exempt minimum.
- Unemployment benefit is paid if the contract is terminated without just cause, with compensation based on seniority (up to 8 years).
Employment Benefits
- Aguinaldo: It is equivalent to one month's salary, is paid in December and is exempt from income tax.
- Vacations: Two weeks for every 50 weeks worked.
- Overtime: They are paid at 1.5 times the ordinary salary.
Holidays and Leaves
- Costa Rica has 11 official holidays, although some are not mandatory.
- Medical leave: The first three days are paid 50% by the employer, then 60% by the CCSS.
- Maternity: Four months with shared payment between the employer and the CCSS.
Data Privacy
- Since 2011, Law No. 8968 regulates the protection of personal data in Costa Rica.
- The Agency for the Protection of Inhabitants' Data (PRODHAB) was created to ensure compliance.
Panama
GENERAL INFORMATION ON PANAMANIAN LEGISLATION.
Government Regulators.
- Ministry of Labor and Labor Development (MITRADEL): Regulates labor relations and conflicts.
- Social Security Fund (CSS): Manages social security and health, pension and maternity benefits.
- Ministry of Economy and Finance: Manages economic policies and administration of government resources.
- General Directorate of Revenue (DGI): Administers the tax system and combats tax evasion.
Labour Legislation and Social Security
- The CSS covers pension, disability, survivorship, sickness and maternity plans.
- The contributions to social security are:
- Employee: 9.75%
- Employer: 14.65%
- In the payment of the thirteenth month, the contributions are reduced to 7.25% (worker) and 10.75% (employer).
Employment Contracts
Types of contract:
- Defined: With a specific end date.
- Indefinite: No end date.
- For specific work: For specific projects or services.
Termination of the contract:
- Termination without just cause gives the right to compensation:
- 1 month's salary for the first 3 years.
- 20 days per year between the 4th and 6th year (maximum 5 months' salary).
Deductions and Taxes
- Educational Insurance: 1.5% (employer) and 1.25% (employee).
- Income tax:
- Less than $11,000 annually: Exempt.
- From USD 11,000 to 50,000: 15% on the excess.
- More than USD 50,000: 25% on the surplus.
Employment Benefits
- Thirteenth month: Mandatory payment in three parts per year (April, August and December).
- Vacation: 30 days after 11 months of continuous work.
- Overtime:
- 25% surcharge during the day.
- 50% at night or mixed.
Holidays and Leaves
- Panama has 11 national holidays, such as November 3 (Colombian Independence) and November 28 (Spanish Independence).
- Medical leave: 70% covered by the CSS after the first 3 days.
- Maternity: 14 weeks paid by the CSS.
Data Privacy
- Law No. 787 protects personal data in public and private files.
- The collection of data is regulated under the principles of necessity, proportionality and lawfulness
Guatemala
Government Regulators.
- Guatemalan Labor Code: Regulates the labor relationship.
- Ministry of Labor and Social Welfare: Administers labor policy.
- Superintendence of Tax Administration (SAT): Manages taxes and withholdings.
Labour Legislation and Social Security
- The unemployment rate in the country is 2.2%, one of the lowest in Latin America.
- The contributions to social security are:
- Employee: 4.83%.
- Employer: 12.67%.
- All workers must be affiliated with the Guatemalan Social Security Institute (IGSS).
Employment Contracts
Types of contract:
- Indefinite: It does not have an end date.
- Fixed term: It has a deadline or is conditioned to a specific event.
- For specific work: Ends when the contracted work is completed.
Deductions and Taxes
Income Tax (ISR):
- Up to GTQ 300,000 annually: 5%.
- Over GTQ 300,000: 7%.
- Boleto de Ornato: A mandatory municipal tax for people between 18 and 65 years old.
Employment Benefits
- Bonus: Equivalent to one month's salary, paid in December.
- Annual bonus: An additional salary paid in July (Decree 42-92).
- Bonus-incentive: GTQ 250 per month to increase productivity.
- Vacation: 15 working days after one continuous year of work.
Holidays and Leaves
Guatemala has 14 national holidays, including:
- Independence Day (September 15).
- Army Day (June 30).
- Christmas (December 25).
- Medical leave: Covered by the IGSS after the first three days of disability.
Data Privacy
- Initiative 4090-2009 regulates the protection of personal data.
- It guarantees the right to informational self-determination and punishes the misuse of private data
Honduras
HONDURAS
Government Regulators.
- Ministry of Labor and Social Welfare: Supervises compliance with labor legislation.
- Honduran Social Security Institute (IHSS): Administers social security and health benefits.
Labour Legislation and Social Security
Social security contributions:
- Employee: 3.5% of salary.
- Employer: 7% of the salary.
- Contributions are made for Disability, Old Age and Death (IVM) and Sickness and Maternity (EM).
Employment Contracts
Types of contract:
- Indefinite: It does not have an end date.
- Defined: The date of completion or completion of a work is specified.
- For specific work: Ends with the conclusion of a project.
Deductions and Taxes
- Minimum wage: Between HNL 7,408 and HNL 14,347 per month, depending on the sector and size of the company.
- Salary adjustments: Depending on the number of employees:
- 1 to 10 employees: 5.32%.
- More than 151 employees: 7.50%.
Employment Benefits
- Bonus: One month's salary, paid in December.
- Fourteenth month: An additional salary paid in June.
- Vacation: 10 working days after one year of continuous work.
Overtime:
- 25% surcharge during the day.
- 50% at night.
Holidays and Leaves
Honduras has 11 national holidays, including:
- Independence Day (September 15).
- Labor Day (May 1).
- Christmas (December 25).
- Medical leave: 2.5% of the worker's contribution, 5% of the employer.
- Maternity: Benefit covered by social security.
Data Privacy
- Honduras is working on its Personal Data Protection Law, seeking to guarantee privacy and the right to informational self-determination
El Salvador
Government Regulators.
- Labor Code of the Republic of El Salvador.
- Ministry of Labor and Social Welfare: Supervises compliance with labor legislation.
Labour Legislation and Social Security
- Social security is administered by the Salvadoran Social Security Institute (ISSS).
- Social security contributions:
- Employee: 3% of salary.
- Employer: 16.25% of the salary.
Employment Contracts
Types of contract:
- Indefinite: It does not have an end date.
- Defined: Has a specific deadline or condition.
- For specific work: Ends when the assigned work is completed.
Termination of the contract:
- In case of voluntary resignation, workers with more than 2 years of service receive 15 days' salary per year worked.
Deductions and Taxes
Income Tax (ISR):
- Up to USD 472.01 per month: Exempt.
- Between USD 472.01 and 895.24: 10%.
- More than USD 895.24: Between 20% and 30%.
- Value Added Tax (VAT): 13%, paid by consumers.
Employment Benefits
- Bonus: It is paid in December and varies according to seniority:
- Less than 3 years: 15 days' salary.
- 3 to 10 years: 19 days' salary.
- More than 10 years: 21 days' salary.
- Vacation: 15 working days after one year of continuous work, with an additional payment of 30% of the ordinary salary.
Overtime:
- 100% additional on top of the ordinary rate.
Holidays and Leaves
10 national holidays, including:
- Labor Day (May 1).
- Fiestas Agostinas (first days of August).
- Independence (September 15).
- Christmas (December 25).
- Medical leave: Covered by the ISSS after the first 3 days.
- Maternity: 12 weeks paid.
Data Privacy
- In 2021, the Organic Law on the Protection of Personal Data was enacted, guaranteeing the right to informational self-determination
Nicaragua
Government Regulators.
- Nicaraguan Social Security Institute (INSS).
- National Technological Institute (INATEC).
- Ministry of Labor of Nicaragua.
Labour Legislation and Social Security
Social security contributions:
- Employee: 7% of salary.
- Employer: 21.5% (for companies with less than 50 workers) and 22.5% (for companies with more than 50 workers).
- INATEC contribution: 2% of the total payroll.
Employment Contracts
Types of contract:
- Indefinite: No end date.
- Defined: Has a specific deadline or condition.
- For specific work: Ends with the conclusion of the established task.
Deductions and Taxes
Income Tax (ISR):
- Up to C$100,000 annually: Exempt.
- From C$100,000.01 to C$200,000: 15%.
- From C$200,000.01 to C$350,000: 20%.
- From C$350,000.01 to C$500,000: 25%.
- More than C$500,000: 30%.
Employment Benefits
- Aguinaldo: Mandatory payment of one month's salary after one year of continuous work, known as the thirteenth month.
- Vacation: 15 working days after 6 months of continuous work.
- Overtime: Paid at an additional 100% on top of the normal rate.
Holidays and Leaves
Nicaragua has 10 national holidays, including:
- Labor Day (May 1).
- Independence Day (September 14 and 15).
- Christmas (December 25).
- Medical leave: Covered by the INSS after the first days of disability.
Data Privacy
- Nicaragua does not have a specific law on the protection of personal data, but general regulations apply in labor contracts