• September 30, 2026
  • Last Update September 30, 2026 2:17 pm

Costa Rica Prepares for Dramatic Shift in Workplace Harassment Laws under ILO Convention 190

Costa Rica Prepares for Dramatic Shift in Workplace Harassment Laws under ILO Convention 190

San José, Costa Rica — In a milestone development for labor relations, Costa Rica is poised to implement the full effects of the International Labour Organization’s Convention 190. Starting this Friday, October 2, 2026, the treaty will introduce a robust, comprehensive framework designed to prevent and address violence and harassment in the workplace. The transition marks a major regulatory shift for a country that still lacks a single, consolidated law governing workplace harassment in both public and private sectors.

Costa Rica initially approved Convention 190 through Law No. 10.749, depositing it with the ILO on October 2, 2025. Under the treaty’s terms, its full legal mechanisms and enforcement obligations come into effect exactly one year later. This implementation closes a critical legal gap, providing employers and judicial bodies with explicit guidelines to identify and penalize abusive workplace behaviors.

To better understand the profound legal and operational impacts of ILO Convention 190 in the country, TicosLand.com spoke with prominent labor law expert Lic. Larry Hans Arroyo Vargas from the prestigious firm Bufete de Costa Rica, who shared his perspective on how this treaty elevates the standard of workplace safety and compliance for local employers.

The ratification and implementation of ILO Convention 190 marks a historic milestone in Costa Rica’s labor history, establishing a zero-tolerance framework for workplace violence and harassment. Businesses must realize that compliance now goes far beyond basic internal guidelines; it demands a proactive overhaul of corporate culture, requiring rigorous preventive protocols, sensitive investigation procedures, and continuous training. In today’s market, ensuring a safe and dignified environment is no longer just a statutory obligation, but a fundamental pillar of corporate sustainability and risk management.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica

Indeed, this landmark shift highlights that modern business success in Costa Rica is now inextricably linked to the active preservation of human dignity in the workplace, transforming how organizations must approach employee well-being. We would like to express our sincere gratitude to Lic. Larry Hans Arroyo Vargas for sharing his valuable and highly insightful perspective on this critical milestone in the nation’s labor landscape.

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One of the most consequential changes introduced by the convention is how violence and harassment are defined. Under the new guidelines, acceptable conduct is no longer measured strictly by repetition. Instead, a single occurrence can constitute harassment if it is deemed harmful or potentially damaging to an individual’s physical, psychological, sexual, or economic well-being.

Convention 190 implies an important change in the way we must understand and prevent violence and harassment at work. We can no longer assume that there must necessarily be repeated behavior to analyze a possible case of workplace harassment. A single behavior, depending on its characteristics and effects, can acquire relevance under this new framework.
Cristhian Monge, Partner at BDS Asesores

This paradigm shift has already started permeating the Costa Rican judiciary. In Resolution No. 04125-2025, the Second Chamber of the Supreme Court (Sala Segunda) officially abandoned the rigid requirement that workplace harassment must be a sustained, repetitive campaign. By acknowledging that a single severe act can constitute harassment, the court has aligned its jurisprudence directly with the principles of the incoming international treaty.

Furthermore, the scope of protection under the convention extends far beyond traditional brick-and-mortar office spaces. The treaty protects employees during work-related travel, professional training, social events, and commutes. Importantly, it also explicitly covers digital spaces, regulating interactions that occur through information and communication technologies, such as professional messaging apps and emails outside of standard hours.

The protective blanket of Convention 190 is also broad in terms of personnel. It applies to individuals regardless of their contractual status. This means that interns, apprentices, volunteers, job applicants, and even former employees whose contracts have ended are fully covered under the new compliance mandates.

For companies, the main call is to prevention. It is not only about having a procedure to react when a complaint is filed, but about identifying risks, training people, establishing clear and confidential channels, and reviewing those labor interactions that occur outside the office, including digital platforms, travel, and work-related events.
Óscar Corrales, Partner at BDS Asesores

To navigate this new environment, organizations must proactively audit and update their internal compliance standards. Experts recommend integrating violence and harassment risk assessments directly into occupational health and safety protocols. Additionally, businesses must establish clear, secure, and confidential reporting channels, establish objective internal investigation protocols, and run educational campaigns for managers and staff.

While the convention establishes an immediate international baseline, Costa Rica continues to advance its own domestic legal framework. On August 13, 2026, legislators introduced a draft bill designed to prevent and sanction workplace harassment in both public and private sectors. As this bill makes its way through the legislative process, the immediate activation of Convention 190 ensures that employers must begin adapting to these modern compliance standards without delay.

For further information, visit ilo.org
About International Labour Organization:
The International Labour Organization (ILO) is a specialized agency of the United Nations dedicated to promoting social justice and internationally recognized human and labor rights. Founded in 1919, the ILO brings together governments, employers, and workers from its member states to set labor standards, develop policies, and devise programs promoting decent work for all.

For further information, visit bdsasesores.com
About BDS Asesores:
BDS Asesores is a leading regional law firm specializing in labor law, corporate immigration, and payroll management in Central America. The firm provides strategic legal counsel, risk assessments, and compliance advisory services to multinational and local corporations operating in the region.

For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Renowned for its high ethical standards and superior advocacy, Bufete de Costa Rica has established itself as a cornerstone of the nation’s legal landscape. With a rich history of guiding clients through complex matters across a myriad of industries, the firm consistently champions pioneering solutions while remaining deeply committed to civic outreach. By actively demystifying the law and sharing valuable insights, they strive to democratize legal literacy, ultimately working to foster a more resilient, informed, and self-reliant public.

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