Countries › Costa Rica › Guide › 7. Labor and employment › Telework in Costa Rica: Ley 9738, the written telework addendum, employer paid equipment, digital disconnection and telework from abroad

Telework in Costa Rica: Ley 9738, the written telework addendum, employer paid equipment, digital disconnection and telework from abroad

Last verified: 2026-10-29 · Status: Stable

Telework in Costa Rica is voluntary for both sides and needs a written contract or addendum, under Ley 9738 of 2019. The employer provides and maintains equipment and software, pays the agreed share of energy costs, and keeps paying salary if the worker cannot work because of missing tools or system failures. Teleworkers keep the same rights and hour limits as office staff, have a right to digital disconnection since 2022, and since 2025 the law expressly covers telework abroad, where the employer must buy extraterritorial INS cover.

USD figures use the Banco Central de Costa Rica reference selling rate of ₡454.82 per US dollar published for 29 October 2026 (indicator 318 on bccr.fi.cr), rounded to the cent. Fines use the 2026 salario base of ₡462,200 (Circular 246-2025 of the Consejo Superior del Poder Judicial, under Ley 7337 art. 2).

Key facts

Notice to revoke telework agreed after hiring	10 calendar daysLey 9738 art. 2 and 6(e), as of 2026-10-29 · in force
Time to report equipment or system failure to keep salary	24 hoursLey 9738 art. 8(e), as of 2026-10-29 · in force
Right to digital disconnection	yes Ley 9738 art. 9(d), as of 2026-10-29 · in force

The rule

1. Telework applies to the private and public sectors, in Costa Rica or abroad, is voluntary for both parties and can be agreed at hiring or later; only where it was agreed later can either side revoke it, with at least ten calendar days' notice and under the workplace procedure.Ley 9738, Ley para regular el teletrabajo, as reformed by Ley 10673, art. 2 and art. 6(e), 2025-03-17 official text · verified 2026-10-29 · changed: Ley 10673 of 17 March 2025 states expressly that telework may be done abroad and adds the extraterritorial insurance duty.

2. Telework changes only how work is organised: teleworkers keep the same benefits and obligations as comparable staff on site, the agreement may not breach Código de Trabajo hour limits, flexible schedules require prior agreement, and teleworkers have equal access to training and promotion.Ley 9738, art. 6, 2019-09-18 official text · verified 2026-10-29

3. A telework contract, or an addendum to an existing contract, must state clearly the conditions of work, obligations, rights and responsibilities of both parties.Ley 9738, art. 7, 2019-09-18 official text · verified 2026-10-29

4. The employer provides and maintains equipment and software, pays the energy cost by the agreed method and travel expenses where needed, trains the worker, informs on occupational health rules, and pays salary where the worker cannot work for lack of tools or work, or for equipment or system failures reported within 24 hours. A worker may agree to use personal equipment, which relieves the employer of responsibility for it.Ley 9738, art. 8, 2019-09-18 official text · verified 2026-10-29

5. Teleworkers must keep to the agreed schedule and be available during it, and non availability counts as abandonment under art. 72(a) of the Código de Trabajo; outside the schedule they have the right to digital disconnection except in unforeseen urgent situations with their consent.Ley 9738, as reformed by Ley 10168, art. 9(d), 2022-03-30 official text · verified 2026-10-29

6. Occupational risk policies for on site work apply to telework in Costa Rica and abroad; accidents and illnesses arising from telework are covered, and for work abroad the employer must take out extraterritorial cover. When the employer asks a worker to telework abroad with consent, it provides equipment, software and the required insurance.Ley 9738, as reformed and added by Ley 10673, art. 10 and art. 11, 2025-03-17 official text · verified 2026-10-29

Worked example

A worker hired for the office who later agrees to work from home three days a week can be called back with ten calendar days' notice, because telework was agreed after hiring. A worker hired fully remote cannot later demand an office desk unless both agree (art. 6(g)).

Step by step

Sign a telework addendum with schedule, evaluation criteria, equipment and energy cost method.
Record whether the worker uses company or personal equipment.
Set an urgent contact protocol consistent with the disconnection right.
Before allowing work from abroad, add extraterritorial cover to the INS policy and check immigration and tax rules in the host country.

Common traps

Not paying the agreed energy cost or equipment maintenance breaches art. 8.
Messages and calls outside hours conflict with the disconnection right unless urgent and accepted.
Telework abroad without extraterritorial INS cover leaves the employer exposed to accident costs.

Sources

← Outsourcing, intermediaries and contractors in Costa Rica: joint liability of the client, the presumption of employment and group employer rulesWorkplace harassment, discrimination and occupational safety in Costa Rica: Ley 7476 policies, the three month procedure and health committees →

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