Costa Rica Sala IV Consultation on 4X3 Workweek Explained

COSTA RICA · LAW

A Sala IV consultation filed on Monday, 12 October, has frozen Costa Rica’s 4×3 workweek bill one day before its final vote. Sixteen opposition deputies sent the text to the Constitutional Chamber of the Supreme Court, CRHoy reported.

The bill would let medical-device plants and corporate service centres run 12-hour shifts, four days on and three off, CRHoy reported. A separate report on the filing covers who signed, why, and why US investors are watching.

What the Sala IV Is

The Sala IV is the Constitutional Chamber of Costa Rica’s Supreme Court of Justice. Its nickname simply means Fourth Chamber.

Under the Constitutional Jurisdiction Law of 1989, it has seven magistrates and twelve alternates, all elected by the Legislative Assembly. Its rulings cannot be appealed.

It hears challenges claiming that a law breaks the Constitution, and it gives opinions on bills before they become law. That second job, called the consulta legislativa, is the one now at work.

The Assembly has also failed so far to fill nine alternate seats on the court, a dispute that stalled again in late September.

How a Sala IV Consultation Works

The rules for a Sala IV consultation sit in articles 96 to 101 of the Constitutional Jurisdiction Law. A 2013 study in the Revista Judicial, the Judiciary’s law review, explains them.

Some bills must go to the court, such as constitutional amendments and international treaties.

Any other bill can be sent voluntarily, but only if at least 10 deputies sign the request. The filing must come after the first vote in the full Assembly and before the second, final vote.

The Supreme Court, the electoral tribunal and the Comptroller General can also ask on bills that touch their own work. The Ombudsman’s office can ask when it sees fundamental rights at risk, article 96 of the law adds.

Bill 24.290, on exceptional working hours, passed its first vote on 8 October, according to the bill tracker of Delfino, a civic news site.

The signers are seven left-wing Broad Front deputies, eight from the centrist National Liberation Party and Claudia Dobles of the Citizen Agenda Coalition. Their filing suspended the second vote set for Tuesday, 13 October, CRHoy reported.

The Time Limit and the Possible Rulings

Article 101 of the law says the court must answer the Sala IV consultation within the month after it receives it.

In practice the court usually meets that deadline by releasing only the operative part of its ruling, according to reform bill 23.616. Some consultations took up to 62 days to be notified, the bill says.

A Sala IV consultation can end three ways. The court can decline to rule, find no defects, or find that the bill breaks the Constitution in its procedure or its content.

Article 101 lets the judges rule on the points raised and on any other constitutional issue they consider relevant. Only findings of unconstitutional procedure bind the Assembly.

Objections on substance are formally advice, though deputies almost always follow them, the Revista Judicial study notes. A favourable opinion also does not stop later court challenges once the bill becomes law.

The deputies allege several procedural flaws in this Sala IV consultation, CRHoy reported. One is that suspending the bill’s fast-track procedure until 30 April this year broke article 97 of the Assembly’s rules.

What the Assembly Must Do With Each Outcome

A procedural defect sends the bill back to the step where the error happened, the Revista Judicial study explains.

If the court finds nothing wrong, the bill resumes its course toward the second vote and can be passed. If it finds defects, the ruling goes to the Assembly’s Committee on Constitutional Consultations.

That committee can amend the text, send it back for review or have it rejected and archived, Delfino explained in 2021. An amended bill restarts at the first vote; an unchanged one goes straight to the second.

If the Assembly president decides a procedural defect cannot be fixed, the bill is archived, according to the Revista Judicial study.

What Past Sala IV Consultations Show

One recent case is the Public Employment Framework Law, file 21.336, a reform of public-sector pay. In 2021 the court found 35 unconstitutional points in its content, Delfino reported.

The government of the day said the ruling found no flaw in how the bill had been processed. The Assembly’s consultations committee then got 15 working days to amend only the articles linked to the objections, Teletica reported on 30 September 2021.

After two optional consultations, the law passed its second vote on 7 March 2022 by 39 votes to 13, El Observador reported.

The court can also refuse to answer. In June 2024 it voted 4 to 3 not to rule on a consultation by 22 deputies, El Observador reported.

That request concerned then-President Rodrigo Chaves’s referendum bill, known as the Ley Jaguar. The majority said deputies could not file at that early stage and that only the Supreme Electoral Tribunal could consult on referendum bills.

What It Means for You

For investors and managers at foreign plants, nothing changes yet. The 4×3 shifts become legal only after a second vote, the president’s signature and publication in the official gazette.

The first-vote report sets out what the bill would change.

For workers, the Sala IV consultation adds weeks of uncertainty. The 2021 public employment case shows that a ruling against a bill can mean months of rewriting before a final vote.

What Is Not Known

The Sala IV confirmed on Monday that it received the consultation, Monumental reported, but it has not said whether it will admit it. It has not set a date for a ruling.

It is also unknown which of the deputies’ arguments the judges will accept, or whether they will raise other issues, which article 101 allows. A Sala IV consultation does not decide whether the bill is good policy, only whether it fits the Constitution.

More on this story: Costa Rica 4X3 Workweek Goes to Top Court, Vote Frozen.

More: Costa Rica news in English, every day from The Rio Times.

Frequently Asked Questions

What is the Sala IV in Costa Rica?

It is the Constitutional Chamber of the Supreme Court of Justice. It decides whether laws respect the Constitution and gives opinions on bills before their final vote.

How does a Sala IV consultation stop a bill?

At least 10 deputies can send a bill to the court after its first vote. The final vote cannot take place until the Sala IV consultation is answered.

How long does the court have to answer?

Article 101 of the Constitutional Jurisdiction Law gives it one month from receipt. The full written ruling can take longer, and the court has not said when it will rule on the 4×3 bill.

Is the court’s opinion binding?

Findings of procedural defects bind the Assembly. Findings on content are formally advice, although deputies almost always follow them, a study in the Judiciary’s law review notes.

Are 4×3 shifts legal in Costa Rica now?

No. Bill 24.290 passed only its first vote on 8 October and still needs a second vote and the president’s signature.

Sources: CRHoy, 12 October 2026; Monumental, 12 October 2026; Ley de la Jurisdicción Constitucional N.° 7135 (arts. 4, 11, 96–101), SCIJ/SINALEVI, Procuraduría General de la República, accessed 13 October 2026; Asamblea Legislativa, bill 23.616 (text of article 101, Ley 7135), hosted by the Sala Constitucional, accessed 13 October 2026; Revista Judicial No. 109, Poder Judicial (Bernal Arias Ramírez), September 2013; Delfino.cr, bill 24.290 record, accessed 13 October 2026; Delfino.cr, 1 August 2021; Teletica, 30 September 2021; El Observador, 7 March 2022; El Observador, 26 June 2024; The Rio Times, Costa Rica Magistrate Election Blocked Again, 2 October 2026.

This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error · Editorial responsibility: Matthias Camenzind, Editor-in-Chief

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