The labor inspection model in Costa Rica is changing. The Ministry of Labor and Social Security (MTSS) has opted to move away from the traditional inspection format—where the inspector visited the workplace, requested documents, and walked through the facilities—and has shifted to a modality that allows inspections to occur without physical presence.
Two directives mark this shift: Directive No. DNI-DIR-01056-24, dated May 7, 2024, which formalizes virtual inspections; and Directive No. DUG-MTSS-DMT-1-2025, published on July 16, 2025, which redefines review visits.
Both directives have a direct impact on companies’ labor management and require a new compliance mindset in which prevention is not merely advisable—it is essential.
Directive No. DNI-DIR-01056-24 officially incorporates the virtual inspection into the enforcement system of the Labor Inspection Office. This procedure authorizes the Labor Inspection Office to carry out actions remotely—whether triggered by a complaint or initiated ex officio—without a physical visit to the workplace. In practice, this means the process may begin with a simple email notification or telephone call while retaining the same legal validity as an in-person visit.
This forces employers to keep all documentation ready and digitalized, as the directive provides that the following may be requested: payroll filings submitted to the Costa Rican Social Security Administration (CCSS) and the National Insurance Institute (INS); internal payrolls; proof of payment of the INS Occupational Risks Policy; proof of payment of salaries and Christmas bonuses; internal policies against sexual and workplace harassment; registration documents and work plans of occupational health committees; as well as the complete list of employees with updated contact information. All documentation must be submitted digitally and will be incorporated into the case file within the Labor Inspection Office’s information system.
Subsequently, the inspector may schedule virtual interviews with the company’s legal representative and with employees, either through online platforms or digital forms.
Once the documentation has been reviewed, the inspector may close the case if no irregularities are found. If any are detected, the inspector will issue the inspection and warning report, informing the representative of the violations identified, the steps required to correct them within the established deadline, and the remedies available against the report.
Once the remedy is resolved (if filed) or the granted deadline to correct the issues has expired, the labor inspector will verify compliance, conducting new interviews with the employer and employees and submitting updated forms. If the company corrects the issues within the allowed period, a review report will be issued indicating case closure. If not, a judicial trial process will be triggered.
In essence, the procedure is the same as an in-person inspection but now carried out with the support of technology. The difference is that everything happens remotely—with unchanged deadlines and formalities—but without physically walking through the facilities. In short, the inspection no longer knocks on the door: it arrives via email or a phone call.
The second change comes from Directive No. DUG-MTSS-DMT-1-2025. Until now, when an inspection identified violations, it was standard practice to conduct an in-person review visit to determine whether the employer had corrected the issues raised.
The new directive states that the inspector must make at least one attempt to conduct the review visit during the workplace’s normal business hours. If the visit cannot take place due to reasons unrelated to the Labor Inspection Office, the employer will have three business days to submit digital evidence proving compliance with the warnings, provided that these violations can be verified remotely.
In cases where compliance can only be established in person, the inspector may coordinate a review appointment, which must take place within a maximum of fifteen calendar days. The company, in turn, must confirm the appointment or propose alternatives within three business days. If the employer does not provide the required evidence or fails to respond within those timeframes, the review phase will be deemed exhausted, and the Labor Inspection Office may proceed with the corresponding judicial trial.
Additionally, the directive provides that no review visit will take place in cases involving serious violations related to physical, sexual, or human dignity–related integrity, which will be considered closed as soon as the violation is confirmed.
In simple terms, the second visit is no longer guaranteed. Previously, this stage between the initial inspection and the review served as a window of time to organize, correct, and demonstrate progress; now, that opportunity is reduced to a few days and, in some cases, disappears entirely. The process gains speed, but it also requires companies to maintain a much higher level of readiness and responsiveness to any observation.
Both directives illustrate a paradigm shift in which the labor inspector’s physical visit is no longer essential. More than a technological change, the Ministry of Labor seeks to streamline procedures and optimize the use of its limited inspector workforce. Documentary verification thus becomes the central axis of enforcement, allowing the institution to maintain coverage without increasing physical presence in workplaces.
This new framework redefines the relationship between companies and labor oversight. Compliance is no longer about reacting to an inspection visit—it is about anticipating one. Organizations that keep their processes and documentation in good standing condition and in an orderly manner, and evidence updated are the ones truly able to respond confidently when a request from the Labor Inspection Office arrives.
In this context, ongoing internal review of labor practices is no longer a theoretical exercise but an operational necessity. Preventive labor auditing therefore becomes an essential tool to maintain control, anticipate findings, and correct issues without the pressure of an open inspection procedure. More than a compliance task, it represents an intelligent way to protect the company, ensure alignment with regulations, and have a solid response to any inspection.
The inspection may arrive by email and conclude without a second visit. Having your company prepared should not be a matter of luck, but of proper preventive management.
Adriana Benavides Víquez
Abogada, BDS Asesores
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