Remote work and the right to disconnect in Costa Rica represent a regulatory pairing that has transformed talent management and the administration of working time. The digitalization of corporate environments has blurred the line between the workday and regular rest periods, prompting a timely legal response. Costa Rica’s regulatory framework, which began with the Law to Regulate Remote Work, Act No. 9738, in 2019, and its subsequent amendment through Act No. 10168, consolidated the right to disconnect as an independent right. For organizations, this scenario requires a thorough review of internal processes in order to mitigate risks and ensure regulatory compliance.
What governs the right to disconnect in remote work, and what are the penalties?
The legislation clearly defines the boundaries of the digital workday, requiring companies to reconfigure their daily communication channels. The right to disconnect means that, once the agreed working schedule has ended, employees are not required to interact with institutional platforms, emails, or instant messaging systems.
To avoid contingencies, companies must adapt their processes in accordance with the following guidelines:
Respect technological silence: Communications sent outside working hours must not require an immediate response, except in duly justified exceptional cases of force majeure.
Ensure the absence of retaliation: Performance evaluation mechanisms or project assignment criteria may not be affected by the legitimate exercise of the right to disconnect.
Protect intra-day rest periods: This right also applies mandatorily during meal breaks and rest periods established in employment agreements.
Corporate Penalty Regime
Failure to comply with remote work and right-to-disconnect guidelines in Costa Rica exposes companies to administrative fines imposed by the Ministry of Labor and Social Security, known as the MTSS.
In addition, the systematic violation of these rest periods may give rise to judicial claims for overtime compensation or claims based on termination of the employment relationship with employer liability, commonly understood as constructive dismissal.
Operational Impact and Corporate Responsibilities
The adoption of remote work arrangements does not exempt organizations from their logistical and financial responsibilities. To ensure a safe and legally protected operation, companies must assume the management, control, and cost of the following structural variables
| Regulated Aspect | Corporate Processes and Obligations |
| Work Tools | Provide, configure, and maintain the necessary computer equipment, software licenses, and security access. |
| Connectivity Allowance | Reimburse, on a proportional basis, the costs associated with electricity consumption and internet service. . |
| Operational Continuity | Assume the cost of non-working time if the employee experiences interruptions beyond their control, such as network outages or hardware failures. |
| Workers’ Compensation Coverage | Maintain valid occupational risk insurance policies before the National Insurance Institute, known as the INS, adapted to the remote work modality. |
Main Causes of Litigation: Key Prevention Processes
Legal disputes in remote work environments often arise from informal communications and the lack of clear protocols. In order for a company to defend its position in administrative or judicial proceedings, it is essential to promote a culture of shared responsibility and to maintain documentary evidence of the following aspects:
Strict control of working hours: The use of messaging applications to assign tasks outside working hours tends to be interpreted as effective availability. Companies must implement accurate and non-invasive timekeeping systems, while training employees not to begin work before, or extend work after, the stipulated schedule.
Technical incident reporting protocols: Internal communication channels must be formalized so that employees are required to report any malfunction affecting their work tools within a maximum period of 24 hours. Failure to provide timely notice allows the organization to review whether salary payment is applicable for days of inactivity.
Bring Your Own Device policies, known as BYOD: If, by mutual convenience, the use of personal devices is authorized, the company must regulate in writing access to corporate information under strict audit and confidentiality standards, while always respecting the privacy of the employee’s family environment.
Definition of medical contingencies: The organization must clearly instruct employees that occupational risk insurance coverage does not apply to incidents occurring outside the workspace or outside the working hours agreed upon in the contractual addendum.
📩 Contact us to receive expert legal advice on the structuring of remote work agreements, digital disconnection policies, and regulatory compliance audits in Costa Rica.
