ILO Convention 190 is now in force for Costa Rica, bringing prevention and response into focus both inside and outside the office. A look at policies, communications and day-to-day workplace practices.
ILO Convention 190 has been in force for Costa Rica since October 2, 2026. This International Labour Organization instrument seeks to prevent and eliminate violence and harassment in the world of work. Its scope extends beyond what happens inside an office.
Violence or harassment can also occur in a work-related messaging group or during off-site training. What matters is not only what a prevention policy says, but also how a concern about possible violence or harassment is handled when someone raises it.
Understanding the Convention helps put those decisions in context: the conduct it covers, the people it protects and its relationship with the rules that already existed in Costa Rica.
A broader understanding of violence and harassment
The Convention is not limited to workplace bullying understood as repeated psychological harassment. It covers behaviors, practices and threats that may cause physical, psychological, sexual or economic harm, whether they occur once or repeatedly. It also includes gender-based violence and harassment.
That broad scope calls for careful distinctions. Not every disagreement or supervisory decision amounts to harassment. Equally, serious conduct should not be dismissed simply because it happened only once. The assessment depends on the facts, their context and the applicable legal framework.
Protection also extends to people connected with work who may not have a current employment contract, including job applicants, interns, apprentices and people whose employment has ended. A review therefore needs to look beyond relationships between current employees.
The same applies to where conduct occurs. Article 3 covers work-related communications, travel, events and training activities, among other situations. Sending a message from a phone or holding a meeting away from the office does not, by itself, remove its connection with work.
Existing protections and the new framework
Protection against workplace harassment in Costa Rica did not begin with the Convention’s entry into force. A January 2024 general opinion from the Ministry of Labor and Social Security (MTSS) already linked this issue to employers’ duty to treat workers with consideration under Article 69 of the Labor Code, and to good faith in employment relationships.
Sexual harassment, meanwhile, is specifically regulated by Law No. 7476. These existing protections help avoid two mistaken conclusions: that there was no protection before the Convention, or that every form of violence and harassment should be handled in exactly the same way.
The Convention provides an international framework for preventing and addressing violence and harassment at work. To understand an organization’s specific obligations, that framework needs to be considered alongside Costa Rican laws and how they apply to its activities and employment relationships.
Having a written protocol is therefore not enough to establish compliance. A review should clarify which obligations apply and how they are put into practice: who receives a concern about possible violence or harassment, how it is handled and what protective measures may be appropriate.
From policies to everyday responses
The ILO’s guidance for businesses brings together policies, training and risk management. In practice, this means looking beyond written documents to what people understand and what they can do when they need to raise a concern.
Anti-harassment policies may describe unacceptable conduct while still leaving questions about their scope. A review can consider whether they cover digital communications, off-site activities and relationships with people outside the current workforce. Their language also matters: can people recognize when to seek guidance?
Reporting channels deserve the same attention. If the only available route requires someone to raise a concern about possible violence or harassment with the very manager identified in that concern, there may be a practical barrier to using it. Accessibility and alternative reporting routes matter as much as the channel’s formal existence.
After a report of possible violence or harassment at work is received, there should be clarity about who handles it, how information is protected, which safeguards apply to the people involved and how appropriate protective measures are assessed. An impartial response and protection against possible retaliation require defined criteria adapted to the case and the applicable procedure.
Training for those who lead teams also has a preventive role. Giving instructions, addressing performance issues and taking disciplinary action call for objective criteria and respectful treatment. Documenting those decisions helps explain their purpose and the context in which they were made.
These are starting points for a review, not a universal checklist of legal requirements. Priorities need to reflect the applicable obligations, the organization’s activities and employment relationships, and the situations it faces.
A legal context that continues to evolve
Further development of Costa Rica’s legal framework remains under discussion. Bill No. 25.842, concerning the prevention of and response to workplace violence and harassment in the public and private sectors, was introduced on October 15, 2026. It is a legislative proposal, not an enacted law: its provisions should not be presented as current obligations.
The debate over proposed 4×3 work schedules is part of this broader labor-law context, but concerns a separate legislative initiative. It should not be confused with the content of Convention 190.
Distinguishing rules already in force from proposals still under debate provides a clearer basis for decisions, without anticipating a proposal’s effects or overlooking existing obligations.
An initial assessment meeting to identify priorities
The Convention’s entry into force offers an opportunity to review each organization’s position and identify areas that merit closer attention. An initial assessment can help identify applicable obligations, potential gaps and priority adjustments to prevention and response measures.
If you would like to assess your organization’s position, you may request an initial assessment meeting with ERP Lawyers to review the obligations that apply and identify potential improvements to its prevention and response measures.
