Labour Administration Convention, 1978 (No. 150) - Costa Rica (RATIFICATION: 1984)

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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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The Committee notes the observations from the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), which were received on 7 August 2014 and were supported by the International Organisation of Employers (IOE).

Articles 5(1), 6(1) and (2)(a) of the Convention. Formulation of national employment policy and functioning of bipartite and tripartite bodies. In relation to its previous comments on the functioning of the Higher Labour Council, the Committee notes the Government’s indication in its report that this Council approved the plan for the implementation of the Decent Work Programme (2013–17). The Programme establishes four priority areas for action, namely: (i) promoting effective compliance with the labour legislation and international labour standards; (ii) establishing a decent work and employment policy, with a view to creating greater opportunities for decent work and promoting the elimination of obstacles to the integration of certain vulnerable groups in the labour market; (iii) extending and reinforcing social protection; and (iv) strengthening bipartite and tripartite dialogue. The Committee notes with interest that a Memorandum of Understanding (MoU) was signed in May 2012 by the Minister of Labour and Social Security, the representative of the employers, the representatives of the workers, and the director of the ILO Decent Work Team and Country Office for Central America, Haiti, Panama and the Dominican Republic, for the purposes of implementing the Decent Work Programme. In the MoU, it was agreed to take action, inter alia, to: (a) strengthen labour inspection and administration services with ILO technical assistance, modernize and update them, and build their capacities for management, formulation, implementation, monitoring and evaluation of strategic plans from the Ministry of Labour and Social Security (MTSS) and to establish a system of information so that it is made accessible to all parties concerned; (b) move forward the approved Bill concerning the reform of labour procedures; (c) formulate and implement, on a tripartite basis, a technical proposal for a national employment plan; (d) promote better technical and vocational training for young persons; (e) boost the development of small and medium-sized enterprises and reduce informality; (f) foster a minimum wage protection policy; and (g) strengthen the capacities of the Occupational Health Board. The Committee notes that the UCCAEP and the IOE state that discussion and adoption of an effective employment policy remain pending as part of the Higher Labour Council’s agenda for this period. The Committee asks the Government to send information on the results achieved with regard to implementation of the Decent Work Programme (2013–17) and its impact on the labour administration system and its functioning. The Committee further asks the Government to provide information on any developments regarding the adoption of the Bill concerning the reform of labour procedures, which, as indicated in the text of the Decent Work Programme, was approved in the Legislative Assembly but was vetoed by the President’s Office. As regards the formulation and adoption of employment policy, the Committee requests the Government to refer to its 2013 comments relating to the Employment Policy Convention, 1964 (No. 122).

Application of the Convention in practice. The Committee notes the pilot plan for strengthening the labour administration system, implemented in the province of Cartago. The Committee asks the Government to provide information on the impact of the implementation of this plan on local labour administration functions and to state whether any other pilot plan with similar objectives is planned or in progress in other provinces.

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The Committee notes the Government’s report received by the ILO on 7 September 2009 in reply to its previous comments.

Article 5 of the Convention. Operation in practice of the Higher Labour Council. The Committee notes with interest that this tripartite Council always participates in the formulation and discussions relating to the Second National Employment Plan and the Decent Work Programme, in coordination with the National Employment Council and with ILO technical support, taking into account the contributions of the social partners and of the Government. In Communication No. DNE-050 of 27 April 2009, the Director of Employment affirmed the clear intention of the Ministry of Labour and Social Security to promote social dialogue and tripartism through the submission to the Higher Labour Council of the proposal for the National Employment Plan and the Decent Work Programme. He added that the work of analysis, investigation and seeking consensus had been strongly supported by the ILO, which also financed in the second half of 2008 the training of a team of four planning technicians for the examination of a new proposal for a consensual National Employment Plan.

The Government indicates that a joint commission should be established with the mission of ensuring the formulation of an agreed text for the draft reform of labour law in the context of the current legislative exercise. Remaining attentive to the effect to be given to the measures to promote tripartite consultation and bargaining, as described by the Government, the Committee would be grateful if the Government would continue providing information on the process that has been launched and its outcome, and if it would provide extracts of any report on the respective work.

Article 7. Extension of the functions of the system of labour administration to categories of workers who are not, in law, employed persons. The Committee notes with interest the information provided by the Government on the financial aid and technical assistance measures taken by the Ministry of Agriculture and Stock-raising for self-employed agricultural workers working in a family context. The Committee would be grateful if the Government would indicate whether and, if so, to what extent the system of labour administration has been involved in the implementation of operations to assist agricultural workers who are self-employed or who work in a family context.

The Committee also requests the Government to indicate the role of the bodies that make up the labour administration system in the formulation and implementation of the rural development programme implemented by the Ministry of Agriculture and Stock-raising in respect of self-employed agricultural workers, in accordance with Executive Decree No. 26246-MP-MAG of 1997.

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The Committee notes the Government’s report and the detailed information provided in response to its previous request. The Committee requests that the Government continue to provide, in particular, detailed information on the issues referred to the Superior Labour Council (Article 5 of the Convention). While taking note of the information on the different functions of the National Institute of Cooperative Development in regard to cooperatives, the Committee also requests that the Government provide similar information on the functions of the competent agencies so that it can examine labour issues concerning the categories of workers listed in Article 7(a) and (d) of the Convention.

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The Committee notes the Government’s reports covering the period ending May 1999, as well as the attached documents concerning the application of the Convention. It also notes, in the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), information on the implementation of the international cooperation project MATAC-ILO (Modernization of Labour Administration in Central America) and it would be grateful if the Government would provide further information on the aspects of the above project which are related to each of the provisions of this Convention, and on the progress achieved. In particular, it requests the Government to indicate the measures which have been taken or are envisaged to resolve the difficulties of coordination between public institutions and employers’ and workers’ organizations, to which it referred in its 1995 report.

The Committee notes that, following the observations made by employers and workers concerning the operation of the Superior Labour Council, established by Decree No. 27272 of 20 August 1998, regulations have been issued to expand the functions of the above Council. The Committee requests the Government to provide copies of the above texts, indicate the matters relating to labour administration examined by the Council since its establishment and describe the impact of this new structure on the operation of labour administration.

The Committee would be grateful if the Government would indicate the manner in which effect is given to Article 5(2) of the Convention, which provides that arrangements shall also be made at the national, regional and local levels to secure consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations.

The Committee notes that, according to the Government, it is not envisaged to extend the coverage of the services of the labour administration system to the categories of workers covered by Article 7(a), (c) and (d), but that various decision-making mechanisms relating to policies concerning them operate within a framework of social dialogue through public institutions such as the Ministry of Agriculture and Stock-Raising, the Agrarian Development Institute and the National Institute of Cooperative Development. The Government is requested to provide additional information on this matter.

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With reference to its previous comments, the Committee notes the Government's report, and in particular the list of legal texts supplied (point I of the report form).

Article 5, paragraph 2, of the Convention. The Committee notes the Superior Labour Council, a tripartite body set up under the Ministry of Labour, which appears to guarantee, at the national level, the consultations, cooperation and negotiations laid down in this Article of the Convention. It would be grateful if the Government would state how, to the extent compatible with national law and practice, arrangements are made for consultation, cooperation and negotiation at the national, regional and local levels as well as at the level of the different sectors of economic activity.

Article 7. The Committee notes the information to the effect that the functions of the system of labour administration have not been extended to the categories of workers referred to in paragraphs (a), (c) and (d) of this Article. It would be grateful if the Government would indicate whether it considers that national conditions require these categories of workers to be included in the above functions.

Article 9. The Committee notes the management and coordination activities of the labour and social security sector for which the Ministry of Labour and Social Security is responsible, and which enable it to ascertain whether para-statal agencies are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

Point IV of the report form. Please provide any general indications which may be useful on the manner in which the Convention is applied, with information on any practical difficulties encountered in applying it.

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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:

The Committee requests the Government to provide with its next report the list of laws, regulations and other texts that give effect to the provisions of the Convention (as required by point I of the report form) and additional information on the following points:

Article 5, paragraph 2, of the Convention. Please indicate the measures taken at the regional and local levels and in different sectors of economic activity to ensure, within the system of labour administration, consultation, cooperation and negotiation between the public authorities and the organizations of employers and workers.

Article 7. Please indicate whether the system of labour administration covers the workers referred to in paragraphs (a), (c) and (d) of this Article of the Convention. If it does not, please state whether the Government considers that national conditions require the extension, by gradual extension, of the functions of the labour administration system to include them, and indicate the measures taken to this end.

Article 9. Please provide detailed information on the activities of parastatal agencies and on the means available to the Ministry of Labour and Social Security to ensure that these agencies and the regional and local agencies referred to in this Article are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

The Committee also asks the Government to provide information, in its future reports, on any progress made in decentralizing the system of labour administration.

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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:

The Committee requests the Government to provide with its next report the list of laws, regulations and other texts that give effect to the provisions of the Convention (as required by point I of the report form) and additional information on the following points:

Article 5, paragraph 2, of the Convention. Please indicate the measures taken at the regional and local levels and in different sectors of economic activity to ensure, within the system of labour administration, consultation, co-operation and negotiation between the public authorities and the organisations of employers and workers.

Article 7. Please indicate whether the system of labour administration covers the workers referred to in paragraphs (a), (c) and (d) of this Article of the Convention. If it does not, please state whether the Government considers that national conditions require the extension, by gradual extension, of the functions of the labour administration system to include them, and indicate the measures taken to this end.

Article 9. Please provide detailed information on the activities of parastatal agencies and on the means available to the Ministry of Labour and Social Security to ensure that these agencies and the regional and local agencies referred to in this Article are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

The Committee also asks the Government to provide information, in its future reports, on any progress made in decentralising the system of labour administration.

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The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee requests the Government to provide with its next report the list of laws, regulations and other texts that give effect to the provisions of the Convention (as required by point I of the report form) and additional information on the following points:

Article 5, paragraph 2, of the Convention. Please indicate the measures taken at the regional and local levels and in different sectors of economic activity to ensure, within the system of labour administration, consultation, co-operation and negotiation between the public authorities and the organisations of employers and workers.

Article 7. Please indicate whether the system of labour administration covers the workers referred to in paragraphs (a), (c) and (d) of this Article of the Convention. If it does not, please state whether the Government considers that national conditions require the extension, by gradual extension, of the functions of the labour administration system to include them, and indicate the measures taken to this end.

Article 9. Please provide detailed information on the activities of parastatal agencies and on the means available to the Ministry of Labour and Social Security to ensure that these agencies and the regional and local agencies referred to in this Article are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

The Committee also asks the Government to provide information, in its future reports, on any progress made in decentralising the system of labour administration.

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The Committee takes note of the information contained in the first report. It requests the Government to provide with its next report the list of laws, regulations and other texts that give effect to the provisions of the Convention (as required by point I of the report form) and additional information on the following points:

Article 5, paragraph 2 of the Convention. Please indicate the measures taken at the regional and local levels and in different sectors of economic activity to ensure, within the system of labour administration, consultation, co-operation and negotiation between the public authorities and the organisations of employers and workers.

Article 7. Please indicate whether the system of labour administration covers the workers referred to in paragraphs (a), (c) and (d) of this Article of the Convention. If it does not, please state whether the Government considers that national conditions require the extension, by gradual extension, of the functions of the labour administration system to include them, and indicate the measures taken to this end.

Article 9. Please provide detailed information on the activities of parastatal agencies and on the means available to the Ministry of Labour and Social Security to ensure that these agencies and the regional and local agencies referred to in this Article are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

The Committee also asks the Government to provide information, in its future reports, on any progress made in decentralising the system of labour administration.