At the end of 2019, Law No. 9738 “Law to Regulate Telecommuting” came into force in our country; and its Regulations came into force at the beginning of 2020, a reality that had been applied even long before its legality in the country by multiple work centers, as a policy of practicality, efficient productivity, saving time and economic resources for both parties of the employer-employee relationship; and without having any idea of what the year 2020 was going to present as of the month of March.

Currently the whole world has suffered and continues to suffer the consequences of COVID-19 in many areas of society, and it has not been the exception in the workplace, it has rather been one of the most affected with high percentages of dismissals, reduction of working hours and wages, among others; reaching the point of having unemployment rates never seen before.

At the level of our Costa Rican jurisdiction, one of the first recommendations issued by the Ministry of Labor and Social Security is to apply Teleworking in both the public and private sectors, with its recent implementation in the Costa Rican regulations fitting perfectly of the Law to Regulate Telecommuting

Below, we list some of the main aspects to consider if you are using or considering using this modality in your company as an alternative to less drastic decisions to take:

1. Not all employee positions can fit into this modality, so the profile of workers who can be sent to telework must be analyzed.

2. It is voluntary for both parties to the relationship; however, there is no obligation on the part of the company to implement it, although in the present situation, it is one of the most viable options.

3. Currently, if the company did not have this modality and wants to apply it, it must make an addendum to the employment contract, which must contain at least: conditions of performance, the rights and obligations of both parties to the employment relationship and above all in this particular case, clarify whether it is a temporary addendum while the pandemic situation normalizes, which can be revoked.

4. Make sure that the teleworker has an adequate space to perform their functions.

5. Among the obligations of the employer, are: ideally to provide the necessary equipment so that the worker can carry out the work, ensure that the teleworker develops within the guidelines indicated in occupational health, coordinate the functions of the teleworker, and establish the guidelines to be taken in situations that are beyond the control of the teleworker that does not allow him to carry out his assignments in an ordinary way.

6. Among the obligations of the teleworkers are: to comply with the measurement, evaluation and control criteria determined in the contract or addendum, to notify their immediate superior boss when they cannot carry out their work or are interrupted by any circumstance, and communicate it within a period no longer than 24 hours and coordinate how their work will be re-established, take care of the equipment or implements that the company provides for their work, and in case of damage or loss, report it within a period no longer than 24 hours; and finally, they must comply with the established schedule, their working hours and be available to the employer during said days and hours.

7. It is recommended: That the work centers when implementing teleworking apply tools to control within a healthy parameter that teleworkers are carrying out their daily tasks and within the working hours that correspond to them.

8. There may be flexible schedules within the day, as long as it has been previously agreed between both parties.

For more information or advice, we remain available to accompany you in this new reality and contribute to maintain the well-being of your company.