Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Costa Rica (RATIFICATION: 1972)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

The Committee notes the observations of the Costa Rican Confederation of Democratic Workers (CCTD) of 2018 on the application of Convention No. 81, forwarded together with the Government's report. The Committee also notes the joint observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers' Movement Central (CMTC) and the Juanito Mora Porras Trade Union Federation (CSJMP), received on 5 September 2018, on the application of Conventions Nos 81 and 129, and the Government's reply to these observations, as well as the joint observations of the CTRN, the CMTC, the General Confederation of Workers (CGT) and the Workers' Unitary Confederation (CUT), received on 31 August 2022, concerning Convention No. 129. It further notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) with the support of the International Organisation of Employers (IOE), received on 1 September 2018 on the application of Conventions Nos 81 and 129, and the Government's reply to these observations. The Committee also notes the observations of the UCCAEP of 2022 forwarded together with the Government's report on the application of Convention No. 81.

A.Labour inspection: Conventions Nos 81 and 129

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Cooperation between the labour inspection services and the judiciary. With regard to joint training for labour inspectors and the judiciary, the Committee notes the Government's indication that, in the framework of the 2015 agreement between the Deputy Minister of Labour and judicial magistrates, no activities have been undertaken. With regard to the implementation of the reform of labour procedures, the Committee notes that the Ministry of Labour and Social Security (MTSS) organized a 40-hour course on "reform of labour procedures", held from 27 January to 24 February 2017. The course was attended by 125 inspectors and conciliators of the MTSS and was supported by the judiciary through the participation of justice officials as facilitators. The Committee also notes the inclusion of “Title VII. Violations of labour laws and their penalties” in the Labour Code through the Labour Procedures Reform.The Committee requests the Government to indicate whether the 2015 agreement between the Deputy Minister of Labour and judicial magistrates to conduct joint training for labour inspectors and the judiciary is still valid, and to provide information on its implementation. The Committee also requests the Government to continue providing information on the measures taken or envisaged to promote effective cooperation of the inspection services with other Government services and institutions, public or private, engaged in similar activities.The Committee also requests the Government to provide information on the practical application of Title VII of the Labour Code, including specific violations detected and penalties imposed.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between inspection officials and employers and workers or their organizations. The Committee notes the Government's indication that the strengthening of inspection activities and institutional capacities is a recurrent theme in the dialogue processes that the Government is developing together with the most representative organizations of employers and workers. The Committee also notes that, under the tripartite dialogue process for the implementation of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), the Government indicates that the strengthening of labour inspection was identified as one of the key elements to address the matter of informality in the labour market. The Committee requests the Government to provide information on the measures taken or envisaged to promote collaboration between labour inspectors and employers and workers or their organizations. Given the lack of information on the National Technical Advisory Council on Labour Inspection and the Regional Technical Advisory Councils, established by Decree No. 28578-MTSS, adopting regulations on the organization and services of the labour inspectorate, the Committee also requests the Government to provide information on the current status and functioning of these Councils.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. In their observations, the CTRN, CMTC and CSJMP indicate that the National Labour Inspectorate (DNI) fails to coordinate with the Occupational Health Council (CSO) and to train labour inspectors, who lack in-depth knowledge on accident prevention, rendering inspection of occupational risks rudimentary. The Committee requests the Government to provide information on the specific training received by labour inspectors for the proper performance of their duties, including training on the specific risks in the agricultural sector.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of the labour inspectorate of industrial accidents and cases of occupational disease. As part of the implementation of a system for mapping occupational risks with a view to the planning and evaluation of labour inspections, the Committee notes the Government's indication that the National Insurance Institute (INS) has not provided the National Labour Inspectorate with the up-to-date annual data on industrial accidents and cases of occupational disease reported to occupational risk insurers. However, the Committee notes the Government's indication that the Occupational Health Council produces an annual report containing occupational health statistics based on information provided by the General Insurance Supervisory Board (SUGESE), which is freely available on the Occupational Health Council’s website. The Committee also notes the Government's indication that the limited availability of real-time information hinders the possibility of taking immediate action in the areas of prevention and inspection and that, to improve this situation, the Occupational Health Council's plan of action includes occupational health training and new regulations for labour inspectors. In this respect, the Committee notes the occupational health statistics contained in the Occupational Health Council's report, according to which 124,339 industrial accidents were reported in 2018, 126,683 in 2019, 108,040 in 2020 and 118,770 in 2021. It also notes that the number of deaths due to industrial accidents was 103 in 2017, 98 in 2018, 55 in 2019, 106 in 2020 and 193 in 2021. The Committee notes a substantial increase in fatal industrial accidents in 2021. The Committee also notes a rise in occupational diseases, with 2,272 diseases in 2020 and 5,142 in 2021, excluding those due to COVID-19. While the Committee welcomes the information provided in the reports of the Occupational Health Council, it requests the Government to indicate the measures taken to ensure that industrial accidents and cases of occupational disease are notified to the National Labour Inspectorate, as required by these Articles of the Conventions. The Committee also requests the Government to provide information on the reasons for the increase in deaths in industrial accidents and in occupational diseases.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Periodic reports and the preparation, publication and communication of an annual inspection report. The Committee notes the statistical yearbooks published on the website of the Ministry of Labour and Social Security, which contain a section on the National Labour Inspectorate and include information on the inspection services’ activities in agriculture. In particular, the Committee notes that these yearbooks include information on the number of inspection visits, employer and worker coverage, and occupational violations. It also notes the Occupational Health Council's reports, which contain information on industrial accidents, the number of deaths due to accidents and occupational diseases reported due to occupational risks. The Committee also notes the Government's indication that it addressed communication MTSS-DMT-OF-881-2018, dated 27 June 2018, to the National Director of Labour Inspection requesting an annual report to be prepared and published on the work of the inspection services under its supervision, including the information enumerated in clauses (a) to (g) of Article 21 of Convention No. 81 and in Article 27 of Convention No. 129. It also notes that the Government again indicates that the National Labour Inspectorate uses the Labour Information and Case Administration System (SILAC), through which labour inspectors prepare inspection reports and real-time statistics are generated to plan and evaluate the work of the inspection individually, by office, by region and at the national level. In this regard, the Government indicates that since the SILAC became operational, the regions no longer need to produce monthly reports, as the management department of the National Labour Inspectorate undertakes this task. While the Committee welcomes the information contained in the statistical yearbooks published by the Ministry of Labour and Social Security, it requests the Government to make every possible effort to ensure that the central inspection authority publishes a separate annual report on the work of the inspection services and forwards it to the ILO, containing all the information required under Article 21(a) to (g) of Convention No. 81 and Article 27 of Convention No. 129. The Committee also requests the Government to provide information on the publication of the annual report in accordance with Article 20(1) of Convention No. 81 and Article 26(1) of Convention No. 129.

Matters relating specifically to labour inspection in agriculture

Articles 6, 14, 15 and 21 of the Convention. Sufficient material means placed at the disposal of the inspectors. Carrying out inspection as often and as thoroughly as is necessary in the agricultural sector. The Committee notes that in their observations, the CTRN, CMTC, CSJMP, CGT and CUT express concern about (i) the working conditions on plantations in the pineapple and banana sectors; (ii) the health of workers in the pineapple industry and in the banana sector due to the use of chemicals; and (iii) the exploitation of migrant workers on plantations. Given this situation, the social partners indicate that the number of inspectors is insufficient to ensure efficient inspections in the growing regions. They also indicate that, in 2018, inspectors were still not provided with the necessary transport and safety equipment to carry out inspections on agricultural farms, exposing them to disease. In this respect, the Committee notes that, according to the Ministry of Labour and Social Security’s statistical yearbook of 2021, in the agriculture sector, 1,064 inspection visits were carried out in 2019, 379 in 2020 and 274 in 2021. The Committee requests the Government to indicate the measures taken to ensure that inspectors are equipped with the tools and accessories needed for the performance of their duties in the agricultural sector. The Committee also requests the Government to indicate the measures taken in order that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

B.Labour administration: Convention No. 150

Legislation. The Committee notes the Government's indication of the adoption of Act No. 9343 of 25 January 2016 on the Labour Procedures Reform, in force since July 2017. With the implementation of the Reform, the Committee notes the Government's indication that (i) the Ministry of Labour and Social Security has taken on new functions in relation to labour procedures and collective law contained in the Labour Code; (ii) 108 new positions have been created through a transparent process, promoting administrative careers within the Ministry of Labour and Social Security and opening up the opportunity to trained external staff; and (iii) the Labour Affairs Department has been restructured and eight regional alternative dispute resolution units have been opened in the main provincial capitals.

Application in practice. With regard to the pilot plan for strengthening the labour administration system, implemented in the province of Cartago, the Committee notes the Government's indication that there is still no information available on its implementation. The Committee once again requests the Government to provide information on the impact of the implementation of the pilot plan on local labour administration functions and to state whether any other pilot plans with similar objectives are planned in other provinces.

Article 5(1) of the Convention. Functioning of bipartite and tripartite bodies. The Committee notes the Government's indication that, in 2019, within the Higher Labour Council, the “Memorandum of Understanding for the implementation of the technical cooperation framework: decent work agenda for Costa Rica 2019-2023” was signed by the Government, employers' and workers' organizations, and the ILO Subregional Office for Central America, the Dominican Republic, Haiti and Panama. The agenda includes four priorities: (i) promoting compliance with and enforcement of international labour standards and national labour legislation; (ii) promoting employment, labour market, decent work, formalization and vocational training policies, removing barriers that prevent the integration of certain vulnerable groups into the labour market; (iii) extending and strengthening social protection for workers; and (iv) strengthening tripartite and bipartite social dialogue, the development of employers' and workers' organizations in the formulation and implementation of policies, programmes and strategies for social and labour development. The Committee also notes the Government's indication that, in the framework of the decent work agenda, the National Labour Inspectorate modified the working methodology for the purpose of effectively applying the principles derived from the concept of decent work, pursuant to official letter DNI-OF-75-2022 of 5 May 2022. In this regard, it indicates that the National Labour Inspectorate is focusing on thematic areas, including pay, freedom of association, populations vulnerable to discrimination, gender equality and occupational health, in order to better target its efforts. The Committee also notes the Government's indication that the new members of the Higher Labour Council have been appointed by Executive Decision MTSS-DMT-AUGR-4-2022 of 23 March 2022, and that the National Wage Council has newly appointed officials, pursuant to Executive Decree No. 43451-MTSS, Supplement No. 60 of Gazette No. 56 of 23 March 2022. The Committee requests the Government to provide information on the results of the implementation of the new decent work agenda (2019–23).

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Costa Rican Confederation of Democratic Workers (CCTD) of 2018 on the application of Convention No. 81, forwarded together with the Government's report, as well as the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) with the support of the International Organisation of Employers (IOE), received on 1 September 2018 on the application of Conventions Nos 81 and 129, and the Government's reply to these observations. The Committee also notes the observations of the UCCAEP of 2022 forwarded together with the Government's report on the application of Convention No. 81. The Committee also notes the joint observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers' Movement Central (CMTC) and the Juanito Mora Porras Trade Union Federation (CSJMP), received on 5 September 2018, on the application of Conventions Nos 81 and 129, and the Government's reply to these observations, as well as the joint observations of the CTRN, the CMTC, the General Confederation of Workers (CGT) and the Workers' Unitary Confederation (CUT), received on 31 August 2022, concerning Convention No. 129.

Legislation. The Committee notes the Bill on the strengthening of the General Labour Inspectorate (file No. 21.706). The Committee also notes that, in their observations, the CTRN, CMTC, CGT and CUT refer to the Bill and forward a legal report prepared by the Studies, References and Technical Services Department of the Legislative Assembly, which analyses the Bill. According to the report, the Bill proposes reforms to the Organic Law of the Ministry of Labour and Social Security (MTSS), the Labour Code and the Childhood and Adolescence Code, in order to provide the General Labour Inspectorate with sufficient powers to enforce labour legislation, order corrective measures and even impose administrative penalties. The Committee requests the Government to provide an indication of any progress made in the adoption of the Bill.The Committee also requests the Government to take the necessary measures to ensure that any new legislation on labour inspection is in full conformity with the provisions of the Conventions.The Committee reminds the Government that, if it deems it necessary, it may avail itself of the technical assistance of the Office within the framework of this legislative process.

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Duties of labour inspectors in the area of dispute resolution. The Committee notes the Government's indication that, with the implementation of the Labour Procedures Reform Act of 2017, significant changes were made to the structure and functions of certain departments of the Ministry of Labour and Social Security. In particular, the Government indicates that, with the adoption of Decree No. 41059-MTSS, published in Official Gazette No. 81 of 10 May 2018, a new organizational structure was established through which the Labour Relations Department of the Labour Affairs Department (DAL) has been subdivided into eight regional alternative dispute resolution units, which operate independently from the labour inspectorates in each region. The Government indicates that while conciliation activities used to be included among the duties of labour inspectors in regional offices, this practice no longer takes place. It also indicates that, while there are specific situations in the regional offices where inspectors assist in conciliation and administrative activities, inspection activities take priority. With the creation of this new structure, the Government also indicates that a recruitment and selection process was carried out to fill the 40 new positions for arbitrators, conciliators, notifiers, legal advisers and support staff. The Committee notes that, in order to implement the Labour Procedures Reform, Regulation No. 40875-MTSS-JP on the resolution of legal labour disputes was published, which grants the MTSS the competence to compile a list of arbitrators to attend arbitration proceedings, and the power to regulate the functioning of the alternative dispute resolution centres.

The Committee also notes that in their observations, the CTRN, CMTC, CGT and CUT indicate that inspectors perform other activities including conciliation and office work, making it inconceivable that labour and social rights could be protected. The Committee takes note of Decree No. 41059-MTSS of 2018 and requests the Government to ensure that in the application of this Decree, labour inspectors will not assume tasks that hinder the effective performance of their main functions or impair in any way the effective performance of the latter.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Adequacy of the number of labour inspectors and measures necessary for inspection. The Government indicates that, as a consequence of the implementation of the Labour Procedures Reform, the human resources and budget of the National Labour Inspectorate (DNI) have been strengthened, thus increasing its staff by 40 per cent and its budget by almost 20 per cent. The Committee also notes that, according to the observations of the CTRN, CMTC, CGT and CUT, the number of labour inspectors in 2021 was 115, compared with 98 in 2015. The Government also indicates that in December 2021 the Ministry of Labour and Social Security initiated an internal competitions process enabling dozens of interim workers to become permanent in their posts, including in the labour inspectorate. The Government indicates that, while the Labour Procedures Reform Act doubtless involved the strengthening of human resources at the National Labour Inspectorate, over the last two years, due to the national fiscal context and the policy of reining in public spending, certain positions that were vacant due to retirement or transfers were frozen and subsequently cut. Additionally, a significant number of persons have retired over the last two years. Measures have also been implemented in the regional offices to improve the performance of inspection activities, including improvements in infrastructure, such as inspection rooms and rooms for alternative dispute resolution, audio and video equipment, as well as protective equipment and special accessories for the field work carried out by inspection staff. The Committee notes the Government's indication that on 13 January 2017, the National Insurance Institute (INS) and MTSS signed a vehicle loan agreement, thereby facilitating logistical support for workplace inspections.

In this regard, the Committee notes the indication by the CTRN, CMTC and CSJMP that: (i) inspectors do not have the materials, working tools or transport facilities necessary for the performance of their inspection duties; (ii) the number of inspectors is still insufficient given the new duties taken on by the National Labour Inspectorate following the Labour Procedures Reform, including involvement in the processing, monitoring and protection of workers affected by acts of discrimination. They also indicate that, despite the fact that the Ministry of Labour and Social Security appointed 30 new inspectors since the entry into force of the Reform up to the beginning of September 2018, approximately the same number of inspectors retired. In light of the low number of inspectors, they indicate that it is materially impossible for them to monitor compliance in workplaces with regard to non-discrimination in wages between men and women, occupational safety and hygiene standards to prevent occupational accidents and diseases, and the payment of the minimum wage by employers, among other labour guarantees.

The Committee also notes that, according to the 2021 statistical yearbook of the Ministry of Labour and Social Security, the coverage rate of workers was 22.1 per cent in 2018, 30.1 per cent in 2019, 8.9 per cent in 2020, and 10.9 per cent in 2021.

The Committee notes that, in response to its previous comments concerning Convention No. 129 on the scheduling of inspection visits to undertakings with seasonal production, the Government indicates that the regional offices schedule inspections according to the harvesting and sowing season. The Committee requests the Government to take the necessary measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, including in the agricultural sector, and that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the provisions of these Conventions. The Committee also requests the Government to continue providing information on the number of inspections carried out, the number of employers and workers covered by inspections, and the material means placed at the disposal of labour inspectors for the discharge of their duties.

Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129. Free access of labour inspectors to workplaces. The Committee once again notes that the right to enter freely at night workplaces liable to inspection is restricted by section 89 of the Organic Act of the Ministry of Labour and Social Security to workplaces in which night work is carried out. The Committee recalls that in accordance with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee urges the Government to ensure that appropriate measures are taken without further delay to bring national legislation into conformity with the requirements of the Conventions in this regard, in order that labour inspectors are empowered to enter at night all workplaces liable to inspection, regardless of the working hours of those workplaces. The Committee requests the Government to keep the ILO informed of any progress made in this regard, including in the context of the Bill on strengthening the labour inspectorate.

Articles 12(2) and 15(c) of Convention No. 81 and Articles 16(3) and 20(c) of Convention No. 129. Notification of the inspector’s presence to the employer when carrying out an inspection and the principle of confidentiality. With regard to the notification of the labour inspector’s presence to the employer when carrying out a visit, the Committee notes the Government's indication that within the MTSS a committee led by the Deputy Minister for Labour is updating the Manual of Legal Procedures of the Labour Inspectorate (Directive DMT-014-2014). The Committee once again requests the Government to take the necessary measures to update the Manual of Legal Procedures of the Labour Inspectorate in accordance with Conventions Nos 81 and 129 and to give an indication of the progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee takes note of the observations of the Confederation of Workers Rerum Novarum (CTRN) received on 2 September 2015. The Committee requests the Government to send its comments thereon.

The Committee also notes the Government’s reply to the CTRN’s previous observations of 30 August 2012.

Articles 15(1)(a) and 21 of the Convention. In its 2012 observations the CTRN said that inspection visits in the sector needed to be better planned so that visits to farms with seasonal production coincided with sowing and harvesting periods, when workers are present. The CTRN emphasized the need to provide labour inspectors whose work takes them to farms with basic tools such as boots, gloves and masks. The Committee notes that the Government has sent no comments on these allegations. The Committee requests the Government to take the necessary measures to ensure that inspection offices are equipped with the tools and accessories that labour inspectors need to perform their duties in the agricultural sector. It also asks the Government to take the necessary steps to ensure that inspection visits to undertakings with seasonal production are scheduled during sowing and harvesting periods.

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The Committee asks the Government to refer to its observation and draws its attention to the direct request made under the Labour Inspection Convention, 1947 (No. 81). It requests the Government to provide information on the issues that specifically concern labour inspection in agricultural undertakings.

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The Committee refers the Government to its observation under the Labour Inspection Convention, 1947 (No. 81), in so far as they are also concerned with the application of the present Convention.

The Committee notes the comments of 31 August 2011 from the Confederation of Workers Rerum Novarum (CTRN) and the Government’s reply of 2 January 2012. It also takes note of new comments submitted by the CTRN dated 30 August 2012, and notes that the matters they raise are the same as those in the comments of 31 August 2012, which the Committee addressed in its previous observation. The Committee asks the Government to make any comments it deems appropriate in relation to the observations made by the CTRN.

The Committee raises other points in a request addressed directly to the Government.

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The Committee also refers to its observation and draws the Government’s attention to its direct request regarding the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to communicate any information with regard to the issues concerning more specifically labour inspection in agricultural undertakings.

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The Committee notes the comments of the Confederation of Workers Rerum Novarum (CTRN), in a communication dated 22 August 2010, as well as the Government’s reply dated 30 March 2011. Considering that they refer both to the present Convention and to the Labour Inspection Convention, 1947 (No. 81), the Committee draws the Government’s attention to its comments made under the latter and requests the Government to communicate any information that it may deem relevant with regard to the labour inspection in agricultural undertakings.

The Committee also notes the new comments of the CTRN, dated 31 August 2011 which were transmitted to the Government on 22 September of 2011. The Committee requests the Government to communicate any information or comment that it may deem appropriate in that regard, so as to enable the Committee to examine these comments at its next session.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that the Government was requested by the ILO to send copies of the comments by the Confederation of the Movement of Costarican Workers (CMTC), the General Confederation of Workers (CGT) and the Central Social Juanito Mora Porras, which it indicated as enclosed to its report. It notes that in September 2010, the Government communicated additional information to its report as well as other documents, but not the abovementioned organizations’ comments.

The Committee equally notes the communication by the Rerum Novarum Workers’ Confederation (CTRN) to the ILO of comments on the application of the Convention. The ILO transmitted the latter to the Government on 17 September 2010.

The Government is requested to communicate, without delay, the trade unions’ observations referred to in its report to allow their examination together with the Government’s report and the CTRN comments, as well as any comments the Government might wish to submit on the points raised in these observations.

[The Government is asked to reply in detail to the present comments in 2011.]

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With reference to its observation, the Committee draws the Government’s attention to its direct request under the Labour Inspection Convention, 1947 (No. 81), and asks it to communicate any comments it may deem appropriate on the issues corresponding more specifically to labour inspection in agricultural undertakings.

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The Committee notes the Government’s 2008 report, which was received too late to be examined at its previous session. It also notes the comments made by the Confederation of Workers Rerum Novarum (CTRN) and the Labour Union of the National Bank of Costa Rica (SEBANA), dated 25 May 2009, on the application of the Convention, which were forwarded by the ILO to the Government on 30 July 2009.

Since the Government’s report and the comments from the unions relate to both the present Convention and the Labour Inspection Convention, 1947 (No. 81), the Committee draws the Government’s attention to its observation under Convention No. 81, and would be grateful if the Government would communicate any comments it may deem appropriate on the issues corresponding more specifically to labour inspection in agricultural undertakings.

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The Committee takes note of the Government’s report for the period ending 31 May 2006 and the attached copy of judgements of 2003 imposing financial penalties for violation of the labour legislation. It also takes note of the comments formulated by the Confederation of Workers Rerum Nevorum (CTRN) and the Trade Union of Civil Servants of the Social Security and Labour Ministry (AFUMITRA), as well as the documents attached received by the ILO on 18 January 2005 and transmitted to the Government on 2 March 2005. The Committee notes the Government’s reply to these comments and the documents attached, received by the ILO on 19 July 2005.

Since the comments from the unions concern to the same extent both this Convention and Convention No. 81, the Committee draws the Government’s attention to its observation under Convention No. 81 and would be grateful if the Government  would communicate any comments it may deem appropriate on the issues raised, as far as they concern labour inspection in agricultural undertakings.

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Referring also to its observation, the Committee requests the Government to provide further information on the following points.

Articles 14, 21, 25, 26 and 27 of the Convention. Referring to its previous comments, the Committee notes that the Minister of Labour requested the director of the National Labour Inspectorate on 15 July 2004 to take measures to give effect to its comments of 2003. The Committee invites the Government to refer to its comments on Articles 20 and 21 of the Labour Inspection Convention, 1947 (No. 81), and expresses hope that the Government will take the necessary measures as soon as possible to ensure that the central labour inspection authority meets its obligation to draw up, publish and communicate to the ILO an annual report on the work of the inspection services in agriculture containing the information required by Article 27(a)-(g) of Convention No. 81, either in the form of a separate report or as part of an annual general report, in accordance with the requirements of Article 26.

Article 24. Referring to its previous comments, the Committee notes that section 614 of the Labour Code on penalties has been amended by Act No. 7983 of 16 February 2000 (Worker Protection Act) concerning the determination of the basic wage taken into consideration for the calculation of penalties. The Government is requested to provide information on practice in this regard and examples of penalties applied for infringements on the basis of this new calculation as compared with the former system of penalties.

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Referring; to its previous comments, the Committee notes the information concerning the economic situation of the country and the implementation of the public expenditure austerity programme entailing budgetary restrictions for the whole of the State apparatus. It notes, however, that the Government’s report does not contain the additional information requested concerning the matters raised in a comment from the National Association of Labour Inspectors (ANIT) specifically concerning the agricultural sector, with regard to the inadequacy of human resources, material means and conditions of service of the inspection services, as well as the consequences of these deficiencies on compliance with the legal provisions concerning conditions of work in agricultural undertakings which are liable to inspection. The Committee therefore requests the Government to provide specific information on the agricultural sector, referring to the requests also made to the Government in its observation under Convention No. 81.

The Committee is addressing a request regarding certain other points directly to the Government.

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The Committee refers the Government to its observation and draws its attention to the following matters.

Articles 14, 21, 25, 26 and 27 of the Convention. With reference to its previous comments, the Committee notes that a database has been set up under the MATAC-ILO project for the purpose of compiling and processing information and that the database should allow periodical reports, annual inspection reports and government reports to be drawn up. It also notes the information that the Ministry of Labour and Social Security has issued instructions for the coordination of activities undertaken by the Management Advisory Unit and the General Planning Department with a view to the preparation of reports on the results of inspection activities. The Committee hopes that the Government will soon be in a position to publish and forward to the Office within the time frame prescribed by Article 26, an annual report on the work of the labour inspection in agriculture, containing information on the subjects listed in Article 27.

Article 15, paragraph 2. The Committee would be grateful if the Government would provide a copy of Internal Circular O.M.-006-2000 referred to in its report.

Article 24. Noting that the Government plans to submit to the competent bodies for analysis a proposal for establishing regulatory arrangements to update the amount of the fines imposed for breaches of labour legislation, the Committee requests the Government to inform the Office of any developments in this respect.

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The Committee notes the Government’s report, the replies to its previous comments and the documents appended to the report. It also notes the comments by the National Association of Labour Inspectors (ANIT) on the application of the Convention, and the information and documents that the Government sent in response. The Government is asked to provide in its next report, in so far as it concerns labour inspection in the agricultural sector, the information requested by the Committee in its observation under Convention No. 81 regarding the questions raised by the ANIT on the lack of human and material resources in the labour inspection services, and the conditions of service of inspectors.

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The Committee notes the Government’s reports and the attached documents. Further noting the establishment of the MATAC-ILO (Modernization of the Central American Labour Administration) project, it requests the Government to communicate additional information on the following points.

Article 14 of the Convention.  The Committee notes the information concerning the number and geographical distribution of labour inspectors. It would be grateful if the Government would supply precise information regarding the manner in which effect is given in the agricultural sector to the provisions of this Article of the Convention, including the number of agricultural undertakings liable to inspection. The Government is also requested to provide a copy of the Regulations governing the organization of the labour inspection services mentioned in its report received in October 2000.

Article 15(2).  The Committee notes that effect is given to this provision under Act No. 3462 (amended) of 26 November 1964. It would be grateful if the Government would communicate a copy of the version in force of the above law, as well as all its implementing texts, and would supply details of the practical modalities to reimburse labour inspectors in agriculture any travelling and incidental expenses which may be necessary for the performance of their duties.

Article 18(4).  The Committee notes, under Decree No. 21952 of 15 January 1993, which completes Decree No. 13466 of 1982, that, where necessary, workers or their representatives shall also be notified in writing of preventive measures regarding occupational safety. It requests the Government to supply a copy of this text in its entirety.

Article 21.  Noting that around 1,200 inspection visits are carried out annually across the country, the Committee would be grateful if the Government would specify whether this number applies to agricultural undertakings alone and, if appropriate, the Government is requested to indicate the total number of agricultural undertakings liable for inspection.

Article 24.  Noting the information that the amount of fines for contraventions of labour legislation has been increased by Act No. 7360 of 4 November 1993 amending the Labour Code, the Committee would like to draw the Government’s attention to the advantage of adopting the regulatory procedure for the fixing and updating of this amount, the aim being to allow financial penalties to change in line with the evolution of the monetary situation and retain a dissuasive character. The Committee would be grateful if the Government would send a copy of the above Act to the ILO, as well as all its implementing texts, and invites the Government to consider the possibility, as part of the measures implemented by the MATAC-ILO project, of instituting the regulatory method of updating the amounts of sanctions applicable in cases of contravention.

Articles 25, 26 and 27.  With reference to its earlier comments and to the earlier request of the Government for technical assistance regarding the computerization of statistical data, the Committee hopes that the question of drawing up periodical reports and the annual inspection report will form part of the MATAC-ILO project. It notes that the annual statistical report published by the National Directorate of Labour Inspection concerns all sectors of the economy, including agriculture. Recalling to the Government, as it stressed in paragraphs 272 and 273 of its General Survey of 1985 on labour inspection, the importance it attaches to annual inspection reports containing the information required on the subjects listed in Article 27(a)-(g), the Committee requests the Government to take the necessary steps to ensure, in conformity with the basic objectives dealt with under paragraphs 279-281 of the above General Survey, that an annual report on the work of the inspection services in agriculture be regularly published and transmitted to the ILO in the time limits set forth under Article 26, either in the form of a separate report, or as part of the central authority’s general annual report, as provided under Article 26(1).

Progress in the implementation of the MATAC-ILO project. The Committee would be grateful if the Government would supply information regularly in its next reports on the action undertaken to modernize the labour inspection system under the MATAC-ILO project, and on all consequent progress achieved in the application of the provisions of the Convention.

Labour inspection and child labour. Noting the interest expressed by the Government regarding the question of child labour raised in the 1999 general observation, the Committee would be grateful if the Government would ensure that information on the action taken or envisaged through labour inspection to combat the abusive exploitation of child labour is transmitted regularly to the ILO and brought to the attention of the social partners, with a view to engaging their assistance in this field.

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Article 18, paragraph 4, of the Convention. The Committee notes the information supplied in the Government's report to the effect that the draft text to amend section 19 of Decree No. 13466-TSS of 1982 has not yet been completed, even though in practice the preventive measures ordered by inspectors are also made known to the workers. The Committee would be grateful if the Government would provide information in its next report on any progress achieved in the above reform with a view to making such notification compulsory.

Articles 26 and 27. The Committee refers to its comments on the application of Articles 21 and 22 of Convention No. 81. Furthermore, it notes that the Government is requesting the technical assistance of the Office in order to introduce a system for the computerized processing of the results of labour inspection.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 18, paragraph 4, of the Convention. With reference to its previous comments, the Committee notes from the Government's report that section 19 of Decree No. 13466-TSS of 1982 will be amended so that it provides for the notification of preventive measures that have been ordered in the field of occupational health, not only to employers but also to workers' representatives. It trusts that the necessary measures to give full effect to this provision of the Convention will be taken in the near future.

See also under Convention No. 81, as follows:

Articles 10, 11, 16, 20 and 21 of the Convention. With reference to its previous comments, the Committee notes that the National Labour Inspectorate lacks the necessary human and material resources to fully apply these provisions of the Convention, but that the Government is still prepared to install a computerized data processing system in the Records Department of the Ministry of Labour and Social Security, with trained personnel, so that all the necessary information can be compiled for the annual report of the labour inspection services. The Committee also notes the annual report of the National Labour Inspectorate which the Government was able to provide. The report contains only part of the information requested under Article 21 of the Convention, namely, statistics of inspection visits (paragraph (d)) and statistics of violations (paragraph (e)).

The Committee recalls that, under the Convention, the number of inspectors and the facilities made available to them must be sufficient to secure the effective discharge of their duties and, in particular, to ensure that workplaces are inspected as frequently and thoroughly as is necessary, and that full annual reports are published regularly. The Committee trusts that the measures under consideration will be taken in the very near future so that annual inspection reports containing all the information requested in Article 21 can be published and sent to the International Labour Office within the period laid down in Article 20.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct requests, which read as follows:

Article 18, paragraph 4, of the Convention. With reference to its previous comments, the Committee notes from the Government's report that section 19 of Decree No. 13466-TSS of 1982 Social Security Act2 will be amended so that it provides for the notification of preventive measures that have been ordered in the field of occupational health, not only to employers but also to workers' representatives. It trusts that the necessary measures to give full effect to this provision of the Convention will be taken in the near future.

Articles 26 and 27. See under Convention No. 81, Articles 20 and 21, as follows:

Articles 20 and 21 of the Convention. With reference to its previous comments, the Committee takes note of the information supplied by the Government to the effect that the Records Department of the Ministry of Labour and Social Security is to be reorganised and will have a computerised data processing system, which will enable statistical data to be compiled thereby facilitating application of these Articles of the Convention. The Committee trusts that the measures contemplated will be taken very shortly and that, as a result, annual inspection reports containing precise information on all the subjects listed in Article 21 will be published and forwarded to the International Labour Office within the time-limits set forth in Article 20.

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Article 18, paragraph 4, of the Convention. With reference to its previous comments, the Committee notes from the Government's report that section 19 of Decree No. 13466-TSS of 1982 will be amended so that it provides for the notification of preventive measures that have been ordered in the field of occupational health, not only to employers' but also to workers' representatives. It trusts that the necessary measures to give full effect to this provision of the Convention will be taken in the near future.

Articles 26 and 27. See under Convention No. 81, Articles 20 and 21, as follows:

Articles 20 and 21 of the Convention. With reference to its previous comments, the Committee takes note of the information supplied by the Government to the effect that the Records Department of the Ministry of Labour and Social Security is to be reorganised and will have a computerised data processing system, which will enable statistical data to be compiled thereby facilitating application of these Articles of the Convention. The Committee trusts that the measures contemplated will be taken very shortly and that, as a result, annual inspection reports containing precise information on all the subjects listed in Article 21 will be published and forwarded to the International Labour Office within the time-limits set forth in Article 20.