Preventive labor compliance: sexual harassment, respectful treatment, and occupational health

Jun 8, 2026

By: Kimberly Esquivel | Labor Management Manager - EAS LATAM

In simple terms: labor compliance is not only paid; it is also documented.

Labor inspections review more than numbers

An MTSS visit may review several issues at the same time. It is not limited to confirming whether the company pays payroll or has occupational risk insurance.

It may also review whether there is a sexual harassment policy, whether that policy was communicated to staff, whether there is an investigation committee, whether respectful treatment is being observed, and whether the company has an occupational health committee.

Topic	What the company should be able to demonstrate
Sexual harassment	Internal policy, complaint procedure, investigation committee, and evidence of disclosure.
Respectful treatment	Clear rules to prevent shouting, threats, offensive language, or workplace mistreatment.
Occupational health	Formal committee, communication to staff, work plan, and annual report.
Holidays and working hours	Attendance controls, correct payments, and payroll support.

When does each obligation apply?

This point is important because many companies believe these obligations depend on having a large payroll. That is not always the case.

Obligation	When it applies	What should exist
Sexual harassment policy or procedure	From the moment the company has employees. It does not depend on having 10, 20, or 50 employees.	Internal policy, complaint channel, investigation procedure, confidentiality, due process, investigation committee, and evidence of disclosure.
Respectful treatment and workplace respect	It applies to every employment relationship.	Guidelines for supervisors, proper handling of disciplinary conversations, and prevention of verbal mistreatment or disrespectful conduct.
Occupational health committee	When the workplace has 10 or more employees.	Bipartite committee, communication to staff and to the Occupational Health Council, work plan, and annual report.

For occupational health, workplaces with 10 to 50 employees must have a committee of at least two regular members. If the workplace has more than 50 employees, the committee must have four regular members. In both cases, the important point is that the committee exists, functions, and leaves evidence of its work.

Sexual harassment: it is not enough to keep a policy in a folder

The sexual harassment policy should not be prepared only when a problem already exists. The company should have it beforehand, communicate it, and be able to prove that personnel know it.

This policy should explain, in clear language, which behaviors are prohibited, how to file a complaint, who handles it, how confidentiality is protected, and which sanctions may apply if the facts are proven.

Element	Purpose
Express prohibition	Make it clear that sexual harassment is not tolerated.
Complaint channel	Indicate where and how a complaint is filed.
Internal procedure	Explain how cases are investigated and the applicable deadlines.
Confidentiality	Protect the people involved.
Investigation committee	Have designated and trained people to handle complaints.
Sanctions	Define consequences according to the seriousness of the proven case.
Disclosure	Prove that personnel know the policy.

The key point is evidence. A policy that nobody knows, or that cannot be proven to have been communicated, loses strength during an inspection.

Respectful treatment: supervisors should also be prepared

Many labor conflicts do not arise from bad intent by the company, but from a poor way of correcting, calling attention, or handling disagreements within the team.

A supervisor may be right on the substance, but if the supervisor uses shouting, threats, offensive language, or exposes an employee in front of other coworkers, the company may end up with a labor problem.

Corrections may be made, but they should be made respectfully, preferably in private, and with proper support when appropriate.

For that reason, companies should train supervisors and middle managers in communication, conflict management, and proper documentation of disciplinary conversations.

Occupational health: it is not only about having insurance

Having occupational risk insurance is necessary, but it does not exhaust occupational health compliance.

When a workplace has 10 or more employees, it must have an occupational health committee. This committee should include participation from the company and employees, and it should work preventively.

Its purpose is not to fill out paperwork. Its role is to help identify risks, propose improvements, follow up on working conditions, and document actions.

Requirement	Expected evidence
Committee formed	Minutes or document showing the committee was formed.
Communication to staff	Email, circular, internal notice, or communication minutes.
Work plan	Annual plan of preventive activities.
Annual report	Summary of actions performed.
Follow-up	Meeting minutes or records.

The recommendation is not to wait for an inspection to organize these matters. A good first step is to review the following list:

Question	Expected answer
Do we have a sexual harassment policy?	Yes, updated and approved.
Does personnel know it?	Yes, with evidence of disclosure.
Is there an investigation committee?	Yes, designated and trained.
Do we have an occupational health committee?	Yes, if there are 10 or more employees in the workplace.
Is there an occupational health work plan and annual report?	Yes, documented.
Do supervisors know how to handle conflicts?	Yes, with clear guidelines.
Do we have evidence?	Yes: minutes, emails, attendance lists, circulars, and support.

Labor compliance can no longer be seen only as payroll and payments. It also includes internal policies, prevention, respectful treatment, occupational health, and documentation.

Companies that organize these issues before an inspection reduce risks, better protect their personnel, and have more clarity when a conflict arises.

In labor matters, preventing remains less expensive than correcting under pressure.

References

Costa Rican Labor Code.
Law No. 7476, Law Against Sexual Harassment in Employment and Education, as amended.
Executive Decree No. 39408-MTSS, Regulations on Occupational Health Committees and Offices or Departments.
Common MTSS inspection criteria and requirements regarding respectful treatment, sexual harassment, and occupational health.