Psychosocial risks in employment

ILO Convention 190 concerning the elimination of violence and harassment in the world of work, which entered into force in Costa Rica on October 2, 2026, does not define psychosocial risk as a standalone offense or set its own penalties. It does, however, require that violence, harassment and the associated psychosocial risks be taken into account in occupational safety and health management (Article 9).

Until now, employer liability has been analyzed under Articles 282 and 283 of the Labor Code and the case law of the Second Chamber of the Supreme Court. Now that the Convention is in force, courts can be expected to use it as a benchmark to assess whether the company acted with due diligence.

Employers should therefore have the following areas assessed and documented:

• Psychosocial risk assessment. Identify, by department or position, the factors that may lead to stress, anxiety or burnout (workload, sustained pressure, management styles), and keep a written record of the measures adopted, through technical reports prepared by the Occupational Health Committee or by a duly accredited external professional.
• Harassment prevention and response. A written protocol, a reporting channel and an investigation procedure that respects due process.
• Right to disconnect. Set rules on communications outside working hours, especially through instant messaging, which is often the main evidence in harassment claims.
• Medical alerts and sick leave. Any medical opinion or statement that mentions stress, anxiety or harassment should be referred to Human Resources and Occupational Health and, where deemed necessary, reported to the occupational risk insurer within the regulatory deadline, as a means of releasing the employer from liability. This process includes considering reasonable accommodations and precautionary measures without loss of pay while Occupational Health reviews the case.
• Leadership. Train managers and supervisors, bearing in mind that the company is liable for the acts of its representatives (Article 5 of the Labor Code; Second Chamber, decision 00768-2020). Anyone who supervises staff should be able to recognize the early signs of psychosocial risks.

Costa Rican law does not penalize stress or psychosocial risk as such. The Second Chamber distinguishes the legitimate exercise of the employer's managerial authority (evaluating performance, setting targets, imposing discipline) from harassment, which requires systematic and repeated conduct aimed at undermining the person's dignity. This standard will need to be revisited in light of Convention 190, which covers conduct whether it occurs once or repeatedly (Article 1).

The risk for the company arises from failing to act in time. Ignoring a complaint or a medical alert may lead to a resignation treated as constructive dismissal and, eventually, to a claim for moral damages.

We recommend training managers to detect signs of these risks and having an analysis of the risks associated with each position, prepared by Occupational Health or by a specialized third party.

Inquiries: aas@aguilar.law