Employers in Costa Rica Have New Obligations to Prevent Harassment

The International Labour Organization’s Convention No. 190 creates an obligation for public- and private-sector employers to promote a workplace environment that is respectful and free of violence and harassment, including gender-based harassment. As of October 2, 2026, this obligation applies to employers in Costa Rica.

The Convention includes behaviors, practices, or threats that cause (or intend to cause) physical, psychological, sexual, or economic harm to a person in the context of work. In addition to employees, Convention No. 190 also protects interns and apprentices, volunteers, job applicants and candidates, former employees, and individuals who work in managerial, supervisory, and employer representative positions.

How is Costa Rica preventing harassment and violence in the workplace?

Solidifying its commitment to preventing violence and harassment in the workplace, Costa Rica has introduced legislative project No. 25,706, the “Law to Prevent and Sanction Workplace Harassment in the Public and Private Sectors.” It is currently under discussion in the Legislative Assembly.

According to Dentons, the legislation is designed to:

• Prevent, prohibit, and sanction workplace harassment and other forms of violence
• Define conduct that constitutes workplace harassment and distinguish it from conduct that does not qualify as workplace harassment
• Establish employer obligations and responsibilities related to preventing, handling, and investigating workplace harassment complaints
• Regulate the internal reporting, investigation, and resolution mechanisms employers must apply
• Establish disciplinary sanctions for those deemed responsible for harmful conduct
• Define the powers and responsibilities of the Ministry of Labor and Social Security with respect to oversight, enforcement, and compliance monitoring

What should employers in Costa Rica do now?

Employers in Costa Rica should now adopt internal policies, complaint and investigation procedures, and protective measures to prevent retaliation against complainants and witnesses. They should also establish their own disciplinary authority that includes the ability to impose sanctions. Periodic training on the prevention, identification, and handling of harassment cases is recommended for managerial staff.

Source: Dentons