Last April 24th, Law number 10673 came into force, including changes in the Law to Regulate Telework, of September 18th, 2019.
The changes that were incorporated were the following:
• It expressly includes that teleworking can be agreed to work outside Costa Rica.
• The employer must subscribe extraterritoriality coverage in occupational risk policies so that the worker is duly covered.
• If the employer asks to telework from abroad, it must provide the corresponding technological instruments, equipment and programs, as well as the occupational risk insurance and others required for properly teleworking.
In accordance with the law, teleworking is a voluntary modality for both employers and workers, so the parties must agree, in writing, the specific conditions that govern this modality, either through the employment contract or with an addendum to it, if it has been agreed after hiring.
It is also vital to have an internal policy that regulates which jobs are eligible for teleworking, the general rights and obligations that are assumed, as well as the procedures that must be followed for the application, suspension, and cancellation of teleworking.