ILO Convention No. 190: A New Standard for Preventing Violence and Harassment in the Workplace in Costa Rica

October 2, 2026, will mark a turning point for labor relations in Costa Rica. On that date, Convention No. 190 of the International Labour Organization (ILO) on violence and harassment in the workplace will enter into force in Costa Rica, following its ratification through Law No. 10749 and the deposit of Costa Rica’s instrument of ratification with the ILO on October 2, 2025.

Its entry into force represents an important development for companies. While Costa Rica already has regulations addressing sexual harassment, discrimination and the protection of fundamental rights, the Convention takes a broader, more comprehensive and, above all, preventive approach.

The Convention also brings a significant shift in the regulatory approach. The expectation is no longer limited to responding appropriately when a complaint is filed. Companies will also be expected to demonstrate that they have taken reasonable measures to prevent violence and harassment from occurring in the workplace.

What changes for companies?

1. Broader protection: the Convention does not protect only workers. Its scope also covers trainees, interns, apprentices, people whose employment relationship has ended, volunteers and job applicants, among others.

Protection also extends beyond the physical workplace to employment-related situations that may arise during telework, electronic communications, travel, training and social or professional activities connected to work.

2. Greater emphasis on prevention: companies will need to review whether their policies and procedures do more than investigate complaints. They should also allow the organization to identify, prevent and effectively manage risks of violence and harassment.

This means strengthening training and awareness, promoting early intervention and reinforcing the preventive role of those in leadership positions.

From this perspective, organizations should begin asking themselves not only whether they have an investigation procedure in place, but also:

• Have we identified the factors that could contribute to situations of violence or harassment?

• Do our leaders know how to identify conflicts at an early stage?

• Does the organization provide regular training to its employees?

• Are there mechanisms for early intervention?

• Do we regularly assess the effectiveness of our preventive measures?

Prevention is no longer simply good practice. It becomes an essential part of occupational risk management.

3. Management of psychosocial risks: violence and harassment must be considered as part of occupational safety and health management. This means identifying factors that may increase these risks, including those related to work organization, leadership styles, interpersonal conflicts and exposure to violence from third parties.

This approach places the prevention of violence on the same level of importance as any other occupational risk.

4. Stronger internal procedures: complaint and investigation procedures should be reviewed to ensure essential principles such as confidentiality, impartiality, due process and protection against retaliation, as well as the timely adoption of preventive measures when necessary.

5. Violence may also come from third parties: clients, suppliers, contractors, users or visitors may also generate situations of violence or harassment. Companies should therefore consider specific protocols for managing these types of risks, particularly in sectors involving interaction with the public, such as healthcare, education, transportation, commerce and security.

What should companies do now?

The Convention’s entry into force should not simply lead to the adoption of a new policy. It presents an opportunity to take a comprehensive look at the organization’s prevention framework.

Before October 2, 2026, companies should consider reviewing their policies on violence and harassment, complaint and investigation procedures, psychosocial risk management mechanisms, training for employees and leaders and, more generally, their internal regulations on these matters.

It will also be important to document the preventive measures adopted, as the ability to demonstrate the actions taken will become increasingly relevant from both a compliance and legal risk management perspective.

Therefore, the entry into force of Convention No. 190 is about more than updating an internal policy. It calls for a comprehensive preventive management model in which companies must demonstrate that they identify risks, implement reasonable measures to prevent violence and harassment, train their personnel, properly investigate complaints and promote an organizational culture based on respect, dignity and the protection of everyone who participates in the workplace. This shift in approach, from a reactive response to a system focused on prevention and continuous improvement, is the main transformation the Convention brings to the workplace in Costa Rica.