#CostaRica 🇨🇷 #BDS_LaborAlert: Published "Law to Facilitate the Notification Processes for the Commencement of Disciplinary Procedures for Sexual Harassment or Mobbing at Work and Schools”

On Friday, April 26, 2024, Act 10454, titled “Law to facilitate the notification processes for the commencement of disciplinary procedures for sexual harassment or mobbing at work and schools” was published in Official Gazette No. 74.

Said law aims to guarantee the possibility of making notifications on the commencement of disciplinary procedures for sexual harassment and mobbing through institutional or business email addresses or, failing that, through the designated email addresses by the accused person at their workplace.

In this sense, this law establishes a series of provisions that employers must follow in the future for notification purposes. In this regard, a subparagraph 5) is added to article 5 of Law 7476, Law against Sexual Harassment at Work and Schools, to read as follows:

Article 5- Prevention Responsibilities. Every employer or superior will have the responsibility to keep conditions of respect at the workplace among work colleagues, through an internal policy that prevents, discourages, avoids, and penalizes sexual harassment behaviors. To this end, they must take specific measures in internal regulations, collective agreements, direct arrangements, or otherwise. These measures will include, but not be limited, to the following:

(...)

5) Provide an email address to the employee, which will serve as a channel to receive future notifications. In cases where the workplace or educational center cannot provide such address, the employee will be asked to provide their own personal email address to be used as a means of notification for the commencement of disciplinary procedures for sexual harassment at work and to report any updates where necessary.

Also, an article 20 bis is added to the Law against Sexual Harassment at Work and Schools, to indicate the mechanisms by which the commencement of the disciplinary procedure may be notified; including: "(...) a personal or own email address that the accused person provided at work."

Finally, as for the government sector, the law adds a subparagraph 6) to Article 243 of the General Public Administration Act, to provide that any notices concerning the commencement of disciplinary procedures associated to sexual harassment or mobbing situations at work or schools will be governed by the provisions of the Law against Sexual Harassment at Work and Schools.

This law was approved on second debate on February 22, 2024, by the Legislative Assembly and signed by the President of the Republic on March 20 of the current year. It is effective from April 26, 2024, the day of its publication.

Please contact us in case of questions or if you need assistance regarding compliance with these new provisions.