Christmas Bonus (Aguinaldo) in Costa Rica: 2026 Legal Guide for Employers
From AG Legal’s Corporate Labor Law team, attorney Rocío Quirós walks through what US and international companies need to know about the Christmas bonus in Costa Rica — known locally as the “aguinaldo.” This guide is written for HR directors, operations leaders, and payroll teams managing employees in Costa Rica, whether directly or through a local entity. Getting your year-end provisioning right isn’t just good practice — it’s what keeps your company out of trouble with a labor inspection.
- The Christmas bonus (aguinaldo) is a mandatory, non-waivable benefit: one-twelfth of all ordinary and extraordinary wages earned between December 1, 2025 and November 30, 2026.
- Employers must pay it no later than December 20, 2026, per Ministry of Labor (MTSS) rules.
- It cannot be reduced for social security contributions or income tax.
- The only deduction the law allows is a court-ordered child support garnishment.
Practice Area: Labor Law · Payroll
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- What Is the Christmas Bonus Under Costa Rican Law?
- Who Is Entitled to It?
- How the Calculation Works
- Free Christmas Bonus Calculator
- Payment Deadline and Permitted Deductions
- Prorated Bonuses and Termination
- Payroll Examples
- Consequences of Late or Missed Payment
- Frequently Asked Questions
- Talk to Our Labor Law Team
What Is the Christmas Bonus Under Costa Rican Law?
Costa Rica’s Supreme Court (Second Chamber) has consistently held that this benefit carries a deferred-wage nature. In practical terms, that makes it one of the key year-end liabilities companies need to provision for month by month, rather than treat as a one-off December expense.
Who Is Entitled to It?
Costa Rican labor law casts a wide net here — there’s no carve-out based on role, seniority, or company size:
- Universal entitlement: any employee with at least one month of continuous or discontinuous service for the same employer earns a proportional right to the bonus.
- Every work arrangement: this applies equally to part-time staff, day/night/mixed shifts, remote work arrangements, domestic workers, and day-rate labor.
- No exceptions for company size: from small local operations to multinational subsidiaries and NGOs, every employer is bound by law.
How the Calculation Works
To get this right, payroll should pull the gross monthly figures already filed with the Costa Rican Social Security Fund (CCSS). The calculation window runs strictly from December 1 of the prior year through November 30 of the current year.
Include anything that represents direct economic value to the employee — base salary, overtime, commissions, recurring performance bonuses, incentives, on-call pay, and the value of any contractually agreed in-kind salary. Leave out actual operating per diems and disability subsidies (unless your company has agreed otherwise).
Christmas bonus = (Total gross wages earned Dec 1 – Nov 30) ÷ 12Compliance tip: it’s worth cross-checking your numbers against the Ministry of Labor’s own tools. See the official MTSS lookup tool for reference.
If your company outsources payroll, AG BPO Services manages the full payroll, provisioning, and compliance cycle in Costa Rica — including accurate, on-time Christmas bonus calculations — as part of our Employer of Record offering. If you’re budgeting for a new hire and want the fully loaded number — salary, social charges, and statutory benefits combined — our employer cost calculator for Costa Rica factors the Christmas bonus in alongside the rest.
Christmas Bonus Calculator (Free)
Enter your monthly salary in the first field below and the 12 monthly boxes (December of the prior year through November) will fill in automatically with that amount. If any month was different — commissions, overtime, or a month you didn’t work — just edit that box directly. The result is always calculated from whatever is in the 12 boxes.
Typing here fills in all 12 monthly boxes below with this amount.
If you didn’t work the full period, leave ₡0.00 in the months not worked — the system adds up whatever is in the boxes and divides by 12.
Payment Deadline and Permitted Deductions
Costa Rican law gives the Christmas bonus strong, public-policy-level protection:
- Non-extendable deadline: the law requires payment to reach the employee no later than December 20 each year.
- Full deduction immunity: the bonus is fully shielded from withholding. Employers cannot deduct social security contributions, income tax, or offset it against company loans.
- One judicial exception: the only item legally allowed to reduce the Christmas bonus is a court-ordered child support garnishment, formally notified to the company by a Family Court. If garnishments affect other parts of your payroll, our team can walk you through how that plays out across an employee’s total compensation.
Prorated Bonuses and Termination
If an employee worked fewer than the full 12 months in the calculation window — say, they joined mid-year — they still keep the full right to a prorated payment. Payroll simply totals the gross earnings from the active months and divides that figure by twelve, exactly as it would for a full year.
When employment ends before the close of November — whether by resignation, mutual agreement, or termination with or without cause — the employer must calculate and include the accrued prorated Christmas bonus as a mandatory, non-waivable item in the final settlement. If the termination is cause-based, our guide to termination for cause in Costa Rica covers the documentation standard Costa Rican courts expect. For the full settlement math — notice, severance, and the prorated bonus together — our Costa Rica severance calculator can model it.
Payroll Examples
- Fixed-salary scenario: an employee earns a fixed ₡500,000 (CRC) per month from January through November, and worked the prior December under the same terms. Total gross earnings: ₡6,000,000. Christmas bonus:
₡6,000,000 ÷ 12 = ₡500,000. - Variable-earnings scenario: a sales executive earns a ₡400,000 base salary, plus ₡2,400,000 in commissions and overtime accrued over the year. Total wage base for the bonus: ₡7,200,000. Final bonus:
₡7,200,000 ÷ 12 = ₡600,000.
If It’s Not Paid, or Paid Short
Failing to pay the Christmas bonus after December 21 is treated as a serious labor-law violation — legally equivalent to unlawfully withholding wages. The affected employee can immediately file a formal complaint with the Ministry of Labor and Social Security (MTSS).
The MTSS Labor Inspectorate runs targeted enforcement campaigns every year around this time. Non-payment exposes the employer to significant fines, and can even entitle the employee to treat the situation as a constructive, employer-fault termination — which obligates the company to pay notice and severance on top of the unpaid bonus.
Frequently Asked Questions
- What exact period does the Christmas bonus calculation cover?
- It covers gross, wage-based earnings from December 1 of the prior year through November 30 of the current year. Add up all wage-based gross income for that period and divide by 12.
- What is the final deadline to pay it?
- Employers are legally required to deposit it no later than December 20 each year.
- What payroll items count toward the calculation?
- Ordinary wages, overtime, all types of commissions, recurring salary bonuses, and the value of any in-kind salary. Operating per diems and medical subsidies are excluded.
- Can income tax or social security contributions be deducted from it?
- No. The Christmas bonus is fully exempt by law from CCSS contributions and income tax. The only valid withholding is a court-ordered child support garnishment.
- If I was on CCSS or INS medical leave during the year, does that time count?
- Amounts received as a disability subsidy (CCSS or INS) don’t qualify as wages, so those periods reduce the annual total used in the formula — unless the employment contract provides for an employer-paid supplemental benefit that is itself wage-based.
Talk to Our Labor Law Team
Rocío Quirós and AG Legal’s Labor Law team help companies structure year-end provisions, audit payroll matrices, and manage preventive MTSS inspections.
REQUEST A LABOR LAW CONSULTATIONFurther Reading
- Employer Cost Calculator for Costa Rica
- Costa Rica Severance Calculator
- Termination for Cause in Costa Rica
- Employee Fraud Investigations in Costa Rica
- Employer of Record Services in Costa Rica (AG BPO Services)
This content is general information only and does not constitute legal or tax advice for a specific case. Please confirm your company’s requirements with a qualified attorney.