Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Costa Rica (Ratification: 1960)

With reference to its previous comments, the Committee notes the explanations provided by the Government concerning the application of Article 2 of the Convention.

The Committee wishes to point out that by virtue of section 2 of Decree No. 11430-TSS, of 30 April 1980, clauses should be included in all public contracts covered by this Convention which ensure conditions of labour, including wages, which are not less favourable than those established for work of the same character in the trade or industry concerned in the same zone. The Committee requested the Government in 1981 to indicate in what manner the established conditions of employment which have to be complied with according to section 2 of the Decree and the terms of the clauses to be included in public contracts are determined, in what manner the organisations of employers and workers are consulted and how the terms of the clauses are made known to those responsible for complying with them.

The Committee wishes to point out once again that Article 2 of the Convention, and in consequence section 2 of the Decree, cannot be considered to be applied merely because they are in the same terms as the provisions of section 24 of the Labour Code, which sets out the clauses to be contained in individual contracts, nor because they are widely disseminated and applied in practice, nor because employers and workers are left free to establish by collective agreement the labour clauses that correspond to their interests.

The Committee therefore hopes that the Government will be able to inform it in the near future of the measures that have been adopted or are contemplated to give full effect to Article 2, paragraphs 2 and 3, of the Convention, taking into account the Committee's previous comments. In this connection, the Committee suggests that the Government might consider requesting technical assistance from the ILO in order to find an appropriate solution to the questions that are pending.