As a result of a continuous evolution of digital technologies, the doors have opened to changes in modern society, which can be identified in fields such as health, education, economy, culture, and others. One of the most important changes that has been seen is the transition to the modality of remote work or telework, which also thanks to the pandemic of Covid-19 accelerated its incursion into the Costa Rican labor market.

Remote work or teleworking is a modality of work which allows the worker through different technological and communication means, to carry out their duties, without the need to be physically present at the workplace.

This modality is voluntary; therefore, both the employee and the employer must agree to apply this modality. It is very important that this is stated in the employment contract or in an addendum to the contract. It is also advisable that employers include this modality within their internal policies, in such a way that all relevant aspects are regulated, such as the criteria to evaluate and measure the work performed by the employee, control methods, obligations and rights to be assumed by each party.

In that sense the Law 9738 “Law to Regulate Telework” establishes the basic parameters to regulate this modality, within which we can highlight that it provides freedom to the employer to establish the criteria, measurements and forms of control of the work performed by the worker, thus allowing each employer to regulate this according to the needs and possibilities of their business.

Likewise, this law establishes the basic obligations that each party must assume, the main ones being the following:

Employer:

• Provide and guarantee the maintenance of the equipment, programs, energy value and travel expenses necessary for the performance of the work.
• Train the worker for the proper handling and use of the equipment and programs.
• Report on compliance with occupational health and occupational risk prevention standards and guidelines.
• In case you want to revoke the modality of telework, you must provide a notice with at least ten days in advance of such revocation.

Worker:

• Comply with the criteria of measurement, evaluation and control determined in the contract, addendum, policies, and codes of the company.
• Inform within a period of no more than twenty-four hours when he/she is unable to perform his/her duties or when they are interrupted, as well as if the tools, materials and other work implements suffer any damage, loss, theft, destruction or any other unforeseen event.
• Comply with the schedule established for the workday and be available during the workday.

It is evident that the implementation of this modality implies a series of challenges for the companies in order to maintain an adequate development of their activities, for which it is recommended to be accompanied with proper legal advice for an adequate implementation of this modality that allows to adjust to the needs of each business.

For this ERP Lawyers offers you a team specialized in the matter that will be able to help you. Do not hesitate to contact us at info@erplawyers.com !