Artificial Intelligence in labor management and its legal regulation
- EAS LATAM
- 7 hours ago
- 3 min read
By Kimberly Esquivel, Labor Management Manager – EAS LATAM
In Costa Rica, Artificial Intelligence (AI) is present in specific processes such as the following: recruitment and selection of personnel, payroll preparation, performance evaluations, and management of employment records. Currently, a large number of companies of all sizes (large and small) are using tools that screen resumes, generate automatic reports for the CCSS (Certificate of Social Security), or contribute to the definition of social security contributions. Furthermore, these tools or resources allow for estimating turnover for provisions, which can be included at the accounting level, or for measuring the organizational climate.
A recent study published by Vida y Éxito indicates that more than 88% of organizations in the country already use AI in some form, and a significant portion of these applications are in sensitive areas such as Human Resources, payroll, and organizational management.
Because of this, at EAS LATAM we believe it's time to act responsibly. The question isn't whether we're going to use AI in work processes. The real question is how we're going to use it, with what criteria, with what limits, and, above all, with what guarantees for our employees.
In that sense, there are important advances worth considering, such as the legal framework. That's why I'm going to tell you about a bill that's getting a good vibe: Opinion 23771 , which was approved, meaning it's already in plenary session.
File 23771 , currently in legislative proceedings, seeks to establish a legal framework for the development and responsible use of artificial intelligence in Costa Rica. This law is not just a formality: it proposes principles that directly affect human talent management and labor rights.
Some points of the bill:
a) Declare AI as an activity of public interest and promote its use to improve public services and productivity.
b) Assigns MICITT as the governing body, responsible for issuing guidelines, registering and auditing AI systems.
c) Establishes mandatory impact assessments in high-risk cases to protect privacy, prevent bias, and ensure transparency.
d) Defines that automated decisions cannot replace human technical judgment, especially in labor matters.
e) Protects fundamental rights such as equality before the law, privacy and access to information.
f) Classifies systems according to their risk level (unacceptable, high, limited or minimal), and establishes sanctions for misuse.
This project also requires clear communication when a person is being evaluated or assisted by an AI system, as in the case of chatbots or tools that simulate conversations.
The implications of this potential AI law
From now on, organizations must prepare to align their practices with these guidelines. And it's not just about complying with a law; it's about safeguarding internal trust, employer reputation, and organizational justice.
From EAS LATAM we recommend:
Audit where AI is already being used: Many systems already incorporate algorithms without being identified as such (e.g., recruitment filters, automated assessments, or productivity metrics).
Establish human controls: No software should have the final say in decisions that affect people.
Train managers and operators: you need to understand how these tools work in order to use them properly, and not just "because the system said so."
Document processes and criteria: Traceability will be key in the event of audits or labor disputes.
Build clear internal policies: The use of AI must be regulated within internal regulations and aligned with organizational culture.
Costa Rica has a great opportunity: to lead this change with a modern, yet grounded vision. Our country has talent, institutions, and a business culture that values fair and humane treatment. Let's not allow technology to become an excuse for thoughtless automation.
Artificial Intelligence can contribute a lot, but only if we use it responsibly, ethically, with professional judgment, and, above all, within a legal framework.
Kimberly Esquivel
Labor Management Manager – EAS LATAM
Specialist in Costa Rican labor management, HR process automation, compliance with Social Security and Employment Law (CCSS) and MTSS (Metaphysical and Technical Security), and digital transformation in talent management.
Comments