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

Return to Office in Costa Rica: How Employers Can Revoke Remote Work Without Triggering Labor Claims

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Return to office in Costa Rica is now a 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) back to the office. The real challenge is doing it with the written notice, internal policy, operational justification, and case-by-case review that Law No. 9738 — Costa Rica’s telework law — actually requires, so the decision holds up if it is ever challenged.

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.

Legal framework for remote work and RTO in Costa Rica

Costa Rica’s telework framework — Law No. 9738 and its implementing regulations, Decree No. 42083-MPMTSS-MIDEPLAN-MICITT — 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.

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.

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.

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, 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.

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.

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.

How AG Legal helps

Nuestro servicio: AG Legal advises local and foreign employers on Costa Rica labor law compliance, including:

• Drafting remote work and return-to-office policies.
• Employee-specific legal review before enforcing a return to office.
• Written notices that meet Article 7’s requirements.
• Labor audits and prevention of employment claims tied to remote work changes.
• Advising on the line between a valid RTO order and grounds for termination for cause when an employee refuses to comply.

Frequently Asked Questions

Can employers require employees to return to the office in Costa Rica?

In many cases, yes. Employers are usually in a stronger position when remote work was adopted after the employment relationship began and the company follows the proper written notice and policy-based process.

How much notice should be given before revoking remote work?

At least 10 calendar days, under Article 7 of the telework regulations, provided the revocation is justified and follows the company’s internal process.

Does the notice need to be in writing?

Yes. Written communication is a key part of a defensible revocation process, especially when the employer may later need to justify discipline or termination.

Is a remote work policy really necessary?

It is strongly advisable. A policy helps the employer show objective standards, consistency, proportionality, and a clear basis for return-to-office decisions.

Can an employee be terminated for refusing to return to the office?

It depends on the facts. Before moving toward discipline or termination, the employer should confirm that the order itself was issued correctly and supported by law, policy, and documentation.

What law governs remote work revocation in Costa Rica?

Law No. 9738, Costa Rica’s telework law, and its implementing regulations, Decree No. 42083-MPMTSS-MIDEPLAN-MICITT — specifically Article 7, which sets the written-notice and reasonable-grounds requirements for revocation.

What does AG Legal do in this type of matter?

AG Legal advises employers on remote work policy drafting, employee-specific legal review, return-to-office strategy, written notices, labor audits, and prevention of employment claims in Costa Rica.

Recommended reading

• Revocatoria del Teletrabajo en Costa Rica (versión en español)
• Costa Rica Labor Laws: Employer Guide
• Termination for Cause in Costa Rica
• Worker Fired for Late Arrivals: A Case Study

This article is for informational purposes only and does not constitute legal advice for any specific case. Always consult with an employment lawyer before revoking a remote work arrangement.