Law to Regulate Remote Working Enacted

New Legislation Enacted

Author: Marco Arias, Partner - BDS, Member of Littler Global

On August 27, 2019, the Legislative Chamber passed bill no. 21.141, called “Law to Regulate Remote Working,” which was published on the official gazette on September 30, 2019, as Law no. 9738. This law represents the first time that remote working is regulated for the private sector, although it is intended to apply to both public and private entities. Under Law 9738, remote working is voluntary for both employees and employers and can be revoked by the employer with a ten-day notice, as long as it is reasonably justified. The law also allows employers to ensure appropriate safety measures are in place to ensure the confidential nature of their sensitive information, including the ability to inspect equipment owned by employees, as long as they are present and their privacy is respected.

New Law to Create and Regulate Dual Education System in Costa Rica

New Legislation Enacted

Author: Marco Arias, Partner - BDS, Member of Littler Global

On August 12, 2019, the Legislative Chamber passed Bill 20786, which for the first time creates and regulates a dual education system in Costa Rica. Under the new law, the National Learning Institute (INA) will spearhead a multi-agency effort to promote dual education in Costa Rica, so that people 15 years old and up can undertake a more practice-focused education that would, in theory, enable an easier transition into the labor market. Universities, high schools, technical institutes and other educational institutions will work with public and private companies to enable students to perform part of their studies in a work-like environment. The law specifically states that relationships carried out under this system do not generate employment rights or benefits, but companies should still be careful with how they handle these relationships to avoid unwanted risks. As of this writing, the law has not been published or become enforceable.