Internships in Costa Rica: How do they work?

The legal landscape around internships in Costa Rica is complex, requiring detailed understanding and careful application of existing laws.

We can identify three types of internship relationships in the country: student internship/practice, professional internship, and dual education. Each comes with its unique characteristics, legal implications, and compliance requirements.

Student Internships
Although not explicitly defined in Costa Rican law, student internships serve as a platform for students (from Technical High Schools, Colleges, Universities) to apply academic knowledge in real work settings. The relationships are typically overseen by a tutor from both the educational institution and the hosting company. Whether the internship is paid or unpaid rests on the agreement between the company, educational institution, and the student.

Professional Internships
Professional internships share similarities with student internships. Yet, they carry a degree of risk because they might be viewed as an employment relationship. This could entitle the intern to rights such as minimum salary, social security contributions, and termination rights, even if these were not initially agreed upon.

Dual Education
As a mix of professional technical education and practical application, dual education is governed by specific laws. The educational model doesn't establish an employment relationship; hence it doesn't generate typical employer obligations like wage payments and social charges. Nonetheless, it comes with its own set of unique obligations and requirements.

Key Considerations
Recognizing the nature of the internship relationship is vital. If it's a student or professional internship, the terms can be negotiated and agreed upon between the company and the educational institution. Companies must consider the tasks to be assigned, compliance with insurance requirements, and avoid labor elements like subordination, salaries, and controlled schedules.

In the case of dual education, the model's specific laws must be followed. It requires close coordination with local authorities to implement this model correctly.

When implementing an internship program is essential and recommended to consider the following practices:

• Avoid Subordination: Do not impose strict control of schedules or exhibit clear signs of an employment relationship.
• Establish a Learning Environment: Assign a mentor to guide the intern's tasks, encouraging a flexible learning environment.
• Fixed Duration: The internship should have a specified timeframe or a predetermined number of hours.
• Distinct Identity: Interns should not wear the same uniforms, badges, or distinctive signs as regular employees.
• Subsidy Payments: Consider paying a financial aid, exempt from the usual social charges.
• Reporting Non-Compliance: Report any non-compliance from the intern to the respective educational institution, rather than enforcing a disciplinary regime.
• Set Clear Terms: Define the internship's terms and conditions, as well as any benefits, through policies, contracts, and agreements.

Adherence to these practices ensures an effective and legally sustainable internship program. It encourages a growth-centric environment for interns while maintaining a clear distinction from regular employees.

Internships in Costa Rica may be complex, but with careful understanding and adherence to the rules, it is entirely possible to foster a legally compliant, growth-driven internship program.

Contact Arturo Rojas at arojas@forza.legal with any questions or to discuss this article further.

For further information or personalized advice, feel free to reach out to FORZA.

About FORZA:

As AGA's law and accounting member firm in Costa Rica, FORZA is a consulting company focused on providing personal and quality customer service. The team is made up of professionals with more than 30 years of experience in legal, business consulting, taxes and accounting services. The firm's interdisciplinary approach allows them to provide a comprehensive service to clients including to those seeking new investment opportunities, those facing the challenges of changing legislation, restructuring for improvement and efficiency, and those in the process of developing and implementing succession plans.