The easy guide to employee background checks in Costa Rica
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When it comes to international employment, it's essential to take extra steps to verify identity documents to protect your company and remove any potential risks. If you're hiring in Costa Rica, consider doing background checks and reference checks to make sure you're hiring the right employee or contractor.
Since the COVID-19 pandemic, Costa Rica has seen an uptick in fraud cases, including deception, computer scams, and identity theft. According to Costa Rica's Judicial Investigation Department, there's been a significant increase in the use of false identification with the rise of remote working, where the perpetrator poses as a member of a respected company.
Keep reading for a guide on how to run comprehensive and legally compliant employee background screenings and employment verification in Costa Rica.
Table of Contents
Are you legally required to run background checks on Costa Rican employees?
In Costa Rica, running pre-employment criminal background checks or credit reports isn't mandatory, but express and informed consent in writing is necessary before conducting them.
Employers can request the necessary information including date of birth and ID number to run criminal record checks, education verification, credit history, and employment verification for identity validation if relevant to the role.
It is also the employer's responsibility to prioritize data privacy, protect the applicant's personal information and maintain their confidentiality, and use the information gathered in the background check only for legitimate purposes.
Costa Rica has one of Central America's most robust data privacy laws. In 2011, Costa Rica passed a law to protect the collection, processing, and use of personal and sensitive data of individuals. Informed consent, in writing, is required before personal data can be collected, including background checks.
Is it legal to run background checks on Costa Rican contractors?
Yes, it’s legal to run background checks on prospective contractors in Costa Rica as long as you have their informed consent. It will also help you do due diligence and standardize your onboarding process.
What types of background checks do businesses commonly run on Costa Rican employees and contractors?
In Costa Rica, based on the role you're hiring for, you have different background screenings available to validate your candidate's identity, including civil records, criminal history, driving records, and more. Any checks you may run fall under Costa Rican privacy laws. Make sure to stay compliant to avoid sanctions.
Here's each type of check in more detail:
What types of background checks are illegal in Costa Rica?
When should you conduct Costa Rican employee background checks?
Background checks in Costa Rica should be conducted during the pre-employment screening process and before sending the legally compliant employment contracts or offer letters required for full-time positions by the government. Employers can then be sure employment will be offered to the candidate and the right expectations are shared.
Employers should also notify the job applicant that a background check will be conducted and obtain their written consent.
The easiest way to run a background check on a Costa Rican employee or contractor
There are several different companies that can run background checks on employees in Costa Rica, including Rippling, RACSA, Zinc, and Info Cubic. The easiest by far is Rippling because background checks are directly integrated into the onboarding flow.
Just enter basic hiring info like salary and start date, and Rippling will send the offer letter and new hire paperwork—and automatically run a legally compliant background check and e-verify the results. See Rippling today.
Disclaimer
Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.
Author
Muriel Vega
A freelance tech and B2B writer based in Atlanta, Muriel focuses her work on human resources and workplace trends and creating engaging content for SaaS companies. She has traveled the world, but her favorite place to work is Mexico City.
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