On May 9, the Costa Rican Institute of Electricity officially announced theimplementation of the National Electricity Rationing Plan, which schedule several suspensions of the energy service throughout the country. This, as a result of the drastic decrease in the reservoirs of hydroelectric dams.

The implementation of rationing measures could be increased or decreased over the course of the next few weeks; as this will be determined on a day-to-day basis, according to the weather conditions and the entry of the rainy season in the national territory.

In this regard, it is important to emphasize some considerations and recommendations from a labor perspective regarding the National Plan of Electrical Rationing:

It is recommended that employers issue an internal statement, encouraging employees, who partially or totally perform their work under the modality of remote work, to keep informed with their electricity service provider company about the schedule of affectation in their place of residence:

• On-site modality at the workplace, in the event that the suspension of service occurs during their work schedule.
• Adjustment in work schedule, if necessary, and on a temporary basis according to the need that arises. In this scenario, it is recommended to sign an agreement with the employee indicating the change of schedule on a temporary basis, depending on each case.
• If the above options are not possible, the employer can opt for the replacement of time that the employee could not work due to the electrical suspension, which will be necessary to analyze case by case as appropriate, in order to avoid a breach of the employee’s obligations.

In case of any query regarding the above, please do not hesitate to contact our team specialized in labor and employment matters.

Laura Navarrete H.

Senior Manager

Labor and Employment Law.