Harassment, mistreatment and violence at work: what every company should review.
By Kimberly Esquivel, Esq.
Work Area | EAS LATAM Group
As of October 2, 2026, the International Labour Organization's Convention 190 will be fully in effect in Costa Rica. For private companies, this necessitates a review of internal policies, reporting channels, training programs, and how situations involving employees, clients, suppliers, or other third parties are handled.
The law that approved the Convention, No. 10749, was published in La Gaceta on September 30, 2025. Its scope includes the private sector and protects not only workers, but also interns, apprentices and job seekers.
Where to begin within the company
The Convention requires a preventive and systematic approach. In practice, this means reviewing company policies, risk assessments, internal procedures, and management training. However, its effects must be analyzed in conjunction with current Costa Rican regulations: the Convention's entry into force does not, in itself, create a uniform fine or a single procedure for all companies.
Furthermore, Costa Rica already has obligations related to sexual harassment, such as published policies, reporting procedures, and protection against retaliation. Therefore, reviewing the Preventive labor compliance helps identify which controls are working and which require adjustments.
It doesn't just happen inside the office
The Agreement is not limited to what happens within an office or workplace. It also covers conduct or threats that could cause physical, psychological, sexual, or economic harm, even if they occur only once. Its scope includes communications, travel, events, and work-related activities, and therefore includes policies regarding WhatsApp, Teams, and personal cell phones. They should be reviewed under that logic.
A simple example: if a receptionist reports sexual comments from a guest, the company's response shouldn't be limited to avoiding a complaint. It should assess the employee's safety, document the incident, and activate the appropriate procedures. Prevention also includes how the company handles the behavior of customers, visitors, and other third parties.
Four things you should have tied up tight
Known policy: prohibited conduct, in-person and digital scope, and evidence of communication to staff.
Accessible channel: where to report and who to contact when the person accused is the immediate supervisor.
Impartial care: defined responsibilities, confidentiality, protection from retaliation, and opportunity for response for those involved.
Trained leadership: how to receive a complaint, preserve information, and act in a situation that requires immediate protection.
It is also important to distinguish between legitimate personnel management and abusive conduct. Supervising, setting reasonable goals, and addressing non-compliance are valid actions when carried out objectively, respectfully, and transparently. The ILO guide helps to differentiate these functions from situations that could constitute violence or harassment.
Management can begin with a practical review: confirming that approved policies, communication and training records, defined responsibilities, and follow-up logs are in place. This documentation demonstrates the work performed and facilitates handling potential labor inspections by the Ministry of Labor and Social Security (MTSS).
At EAS LATAM we support companies in reviewing internal policies, reporting channels, training management and personnel management controls, with a preventive and practical approach.
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