ILO CONVENTION 190 GOES INTO EFFECT IN COSTA RICA
- ILO Convention 190 entered into force for Costa Rica on October 2, 2026.
- It recognizes the right to a world of work free from violence and harassment, including gender-based harassment.
- Experts recommend reviewing companies' anti-harassment policies and adapting them to the new regulations.
On October 12, in the radio program Gente Gerente on Columbia 98.7 FM, Francisco Villalobos, Social Director of ICS, He spoke with Adriana Quesada, a labor lawyer from BDS Advisors, On the scope of the International Labour Organization (ILO) Convention 190, approved by Costa Rica through Law No. 10749, and on the measures that companies can begin taking. Its main recommendation: do not wait to receive a complaint before taking action.
A reach that goes beyond the spreadsheet
Convention 190 recognizes the right of every person to a A world of work free from violence and harassment, It includes harassment based on gender and covers behaviors that can cause physical, psychological, sexual or economic harm. Quesada highlighted a change especially relevant to Costa Rica: the agreement covers both repeated behaviors and acts that occurred only once, while national jurisprudence has historically associated workplace harassment with repeated and systematic behaviors. However, she warned that there is still no definitive judicial stance on how this difference will be applied.
Protection does not only apply to those with a current contract: it also extends to interns, apprentices, volunteers, people whose employment relationship has ended, and people seeking employment. The agreement applies to the public and private sectors, as well as the formal and informal economy. Its notion of the «work world» includes, among other spaces, labor communications through digital means, travel and activities related to work, and requires considering situations in which third parties, such as customers or suppliers, are involved.
A regulatory gap and an opportunity to prevent
Costa Rica has the Law No. 7476 against Sexual Harassment or Sexual Discrimination in Employment and Teaching, but it does not yet have a general law on workplace harassment. Quesada explained that jurisprudence has allowed for addressing these cases and that there is a specific bill, although at an early stage of discussion. Asked by Villalobos, she pointed out that the agreement, having been ratified and in effect, forms part of the legal system and can be invoked as a legal basis to resolve current cases.
For companies, the immediate task is to move from knowledge to preparation. Quesada recommended studying the agreement, adopting an internal policy that includes a procedure for investigating complaints, identifying the risks present in the workplace environment, and training staff. He insisted on acting proactively in cases of communication or workplace climate problems, and on providing reliable information in the face of misinformation circulating on social media.
For its part, Article 9 of the convention provides for the measures that the State must require employers to take, insofar as they are reasonable and feasible: adopt, in consultation with workers, a policy on violence and harassment; incorporate these risks—including psychosocial ones—in the management of occupational health and safety; identify hazards and assess risks; and inform and train staff. The convention also calls for taking into account the effects of domestic violence on the world of work.
Call to action
Review your policies, reporting channels, investigation procedures, and training programs today. Identify where risks may arise—also in digital communications and interactions with third parties—and follow up on the bill and the evolving judicial criteria. If your company needs to adapt its internal policies, our team of legal advice and from Risk consulting It can accompany you. Also review the Obligations of commercial companies in Costa Rica.
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