Reform Of Article 187 Concerning Hiring Of Workers
A reform of Art. 187 of the Migration Control Regulation,
Executive Decree number 36769-G, passed on October 16, 2019,
prohibits employers to hire a foreign national that has entered the
country as a non-resident, even if they have a pending application
in process.
However, there are some exceptions to this rule, such as the
below:
- Those hired by the companies accredited to Migration inaccordance with the provisions of Decree No. 36576-G-
“Regulations for the Registration of Companies before the
General Directorate of Migration and Foreigners and the Migration
Regularization of their Personnel”.
- Personnel of international means of transport of passengers andmerchandise.
- Those of special relevance in the scientific, professional,religious, cultural, sports, economic or political spheres that,
depending on their specialty, are invited by the State Powers or
public or private institutions, or by universities or colleges
University students
- Those who are business agents, traveling agents or commercialdelegates who enter to deal with matters related to the activities
of the companies or companies they represent, provided that they do
not accrue the payment of salaries or fees and to perform their
activities do not require residence in national territory.
- Those who work as reporters, cameramen and other social mediapersonnel, who enter the country to perform functions of their
specialty and do not earn salary payments in the country.
The amended text also includes the following regarding the
period the authorities take to resolve an application request until
the foreign national may perform work:
- The foreigner may only perform the functions described in hisapplication for admission or stay.
- In the event that the foreign person is detected by theProfessional Migration and Foreigner Police by carrying out tasks
other than those based on their request for legal permanence, that
request will be denied, their stay will be canceled and they will
proceed according to article 128 of the Law General of Migration
and Foreigners N ° 8764.
- The employer must be duly registered as such before the CostaRican Social Security Fund and guarantee in the employment
contract, full respect for current labor and social legislation and
the payment of minimum wage during the term of this temporary
authorization to work. Violation of this condition will imply the
denial of the request for legal permanence of the foreign
person.
- The authorization to work referred to in this article will bestrictly temporary and will expire when the application for legal
permanence is authorized or denied.
- The authorization to work regulated in this article does notimply that the stay intended by the foreign person will be
authorized, since said request must be resolved in accordance with
the immigration legislation in force at the time of the
presentation of the management.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.