Return to Office in Costa Rica | Remote Work & WFH Guide for Employers

Return to Office in Costa Rica: how employers can revoke remote work and work from home arrangements without triggering labor claims

Return to office in Costa Rica is now a major priority for employers that need stronger supervision, in-person collaboration, information control, and better integration across teams. The legal challenge is not simply moving employees from work from home (WFH) to work from office. The real challenge is doing it with the written notice, internal policy, operational justification, and employee-specific review needed to reduce employment-law risk.

Updated for 2026 · Rocío Quirós · AG Legal · Costa Rica · Labor & Employment Law

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The short answer

Yes, in many cases employers can require employees to return to the office in Costa Rica. The employer’s position is usually stronger when remote work or WFH was implemented after the employment relationship originally began as on-site work. In that scenario, the company can often revoke the arrangement if it gives proper written notice, respects the minimum legal timeframe, explains the decision with reasonable and proportionate grounds, and relies on internal policies and operational needs.

In practical terms, return to office is not only an HR issue. It is an employment compliance, documentation, and risk prevention issue.

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Legal framework for remote work and RTO in Costa Rica

Costa Rica’s telework framework starts from a simple principle: remote work is voluntary for both employer and employee. It may be agreed from the beginning of the employment relationship or later through an addendum, internal policy, temporary arrangement, or business reorganization.

When remote work is agreed after the employment relationship begins, the arrangement is generally revocable with at least 10 calendar days’ notice, provided the revocation is justified and follows the internal procedure adopted by the workplace.

Four scenarios employers should distinguish

1. Remote work agreed from the start, on a permanent basis.
2. Remote work agreed from the start, on a hybrid basis.
3. Remote work added later by addendum, permanently or as hybrid work.
4. Remote work added later by addendum, temporarily.

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When employers are on stronger legal ground to require work from office

Employers usually stand on firmer ground when the employee was originally hired for in-office work and later shifted to remote work during the pandemic, through a temporary policy, or by operational reorganization.

The return to office decision is significantly easier to defend when the company can show:

• that the role truly benefits from in-person supervision, coordination, or physical presence;
• that the change responds to a real operational need;
• that notice was given in writing and within the required timeframe;
• that the company relied on formal internal guidelines;
• that the decision was not discriminatory or retaliatory.

Typical business justifications include supervision of processes, use of physical infrastructure, information security, collaboration between departments, client-facing needs, training, and stronger control over team performance.

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Why Article 7 is the real compliance pivot

Article 7 of the telework regulation is where the practical legal risk becomes clear. It requires the employer to communicate the revocation in writing, within the legal timeframe, and to explain the decision with reasonable and proportionate grounds. It also requires that those grounds be supported by the policies and guidelines issued by the workplace.

This is why many labor disputes around remote work do not center on whether the company needed employees back in person. They center on whether the employer issued a legally solid order in the first place.

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Why a remote work policy is one of the best defenses an employer can build

If the regulation requires the revocation to be grounded in company policies and internal guidelines, then a business should not try to enforce RTO without a proper remote work policy. That policy is what transforms a business decision into a structured, defensible compliance process.

A good policy does more than describe who may work from home. It creates objective standards for granting remote work, reviewing hybrid arrangements, requiring work from office, and handling exceptions in a consistent way.

This is also where legal advisory becomes highly valuable: the company does not only need a revocation notice. It needs a complete documentary structure that supports future discipline, defense, and consistency.

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Why each employee should be reviewed individually before enforcing RTO

One-size-fits-all return to office orders may be operationally convenient, but they can be legally shortsighted. Labor disputes often turn on employee-specific facts rather than broad corporate statements.

Before revoking remote work, employers should review at least the following:

• whether remote work began with the contract or through a later addendum;
• whether the arrangement was permanent, hybrid, or temporary;
• how long the arrangement has been in place;
• whether the company tolerated long-term WFH without reservations;
• whether the return could create a serious arguable hardship;
• whether hybrid work could meet the business need with lower risk;
• whether similarly situated employees are being treated differently.

That is why a case-by-case review is one of the best preventive tools available to HR and management. It helps reduce claims of arbitrariness, unfair treatment, retaliation, and abusive changes to working conditions.

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Practical step-by-step for employers and HR teams

1. Review the employment contract, addenda, and prior communications.
2. Confirm whether the role truly requires full-time office presence or whether hybrid work is enough.
3. Verify the existence of a current remote work policy or internal guideline.
4. Document the business reason for return to office.
5. Issue the written notice within the legal timeframe.
6. Avoid threatening disciplinary language in the first notice.
7. Document receipt, meetings, responses, and implementation steps.
8. Review sensitive cases before applying discipline.
9. Only then assess whether sanctions or termination are legally supportable.

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Related labor law articles from AG Legal

To strengthen your labor compliance strategy in Costa Rica, you may also find these English resources from our firm useful:

• Labor Law practice area
• Labor Law article archive
• Costa Rica Labor Laws: Essential Insights for Employers and Employees
• Termination for Cause in Costa Rica: Guide for Employers
• Can a Worker be Fired for Late Arrivals?
• Rocío Quirós profile

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Frequently asked questions about return to office, WFH, and remote work in Costa Rica