In recent years, telework has emerged as a key work modality in Costa Rica, driven by both technological advancements and a legal framework designed to encourage its adoption. Law 9738, passed in September 2019, regulates and promotes telework in the country, establishing clear guidelines for its implementation.
This law defines telework as a work modality where the employee can perform their duties outside the employer’s premises, using information and communication technologies (ICTs).
What are the different types of telework and what are their differences?
There are three types of telework:
- Home-based telework: The most common, where the worker performs their tasks from home (or from a location of their choice).
- Telework in telecenters: These are spaces specifically designed for teleworkers, such as employees of call centers.
- Mobile telework: Also known as “digital nomad,” it allows the worker to perform their duties from any location, as long as they meet their work obligations.
Who decides the telework modality?
It is important to emphasize that telework is a voluntary agreement between the employer and the employee. Neither party can impose this work modality without the other’s consent. However, if telework is established through an addendum to the original contract, the employer has the authority to unilaterally reverse this modality if they consider it is not functioning adequately.
Employer obligations
To ensure the proper functioning of telework, the law imposes several obligations on the employer, including:
- Provision of equipment: The employer must supply and maintain the necessary equipment and tools for the worker to perform their duties efficiently.
- Training: It is the employer’s responsibility to train the worker in the use of necessary programs and technological tools.
- Measurement and evaluation: Clear criteria must be established to measure and evaluate the worker’s performance, as agreed in the contract or addendum.
- Safety and work environment: The employer must ensure that the location from which the worker performs their duties is safe and suitable.
It is important to highlight that telework cannot be used as a means to foster discriminatory treatment of workers. They must have access to the same information and rights as those who work on-site, including internal regulations, organizational changes, and ethical policies.
At ERP Lawyers, we are committed to ensuring that your company complies with all current regulations, guaranteeing a fair and efficient work environment. If you are an employer interested in implementing or improving telework policies in your company, our team of experts is available to provide the necessary legal advice. Contact us today and ensure that your company meets all the legal requirements for successful telework.
