Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Minimum Age Convention, 1973 (No. 138) - Costa Rica (Ratification: 1976)

The Committee notes the Government's report. It also notes that Costa Rica ratified, on 21 August 1990, the UN Convention on the Rights of the Child.

1. In its previous comments, the Committee noted that the provisions of the Labour Code apply to wage employment, with the exception of the prohibition on the work of children of less than 15 years of age set out in section 90, which applies to the exercise of a trade on the public thoroughfare or in public places, on their own account or on the account of a third person, or in theatres or similar establishments. It recalls that under Article 2 of the Convention no one under the age specified in the declaration annexed to the ratification shall be admitted to employment or work in any occupation, subject to the exceptions provided for in the Convention.

The Committee requests the Government to state the measures that have been taken or are envisaged to ensure that no one under the specified minimum age is admitted to employment or work in any occupation, including work performed on their own account.

2. In its previous comments, the Committee noted that under section 89 of the Labour Code work is prohibited by children under the age of 12 years and by children of school age who have not completed their schooling or whose work would not permit them to complete their compulsory instruction. For several years the Government has referred in its reports to a draft text to amend the Labour Code which would have brought the legislation into conformity with the Convention on this point by fixing the age for admission to employment or work, both wage employment and other work, at 15 years.

The Government refers in its report to the provisions of the Labour Code which is currently in force. The Committee notes that section 46 of the Labour Code provides that children under the age of majority, who are over 15 years of age, have the capacity to conclude a contract of employment. It also notes that under section 47 of the Labour Code, contracts respecting work by children aged between 12 and 15 years have to be concluded by their legal representative or his or her substitute.

The Committee points out that these provisions do not give effect to the Convention, for which the Government determined at the time of ratification a minimum age of 15 years. As a consequence, only children who have reached the age of 13 years could be admitted to employment to carry out light work, which, under certain conditions, is authorized in Article 7 of the Convention.

The Committee requests the Government to state the measures which have been taken to give effect to the Convention by establishing a general age of admission to employment of 15 years (Article 2) and by setting the age of 13 years for admission to light work which may be authorized under certain conditions which are intended to protect the children (Article 7).

3. The Committee referred previously to section 87 of the Labour Code under which it is absolutely prohibited to engage the services of children under 18 years of age to carry out unhealthy, arduous or dangerous work, which will be determined by a regulation which takes into account section 199 of the Code, which defines unhealthy and dangerous work.

The Committee notes that no regulation has been adopted under sections 87 or 199 of the Labour Code and that the Government does not refer to any provision of this kind covering non-wage employment.

The Committee requests the Government to indicate the measures which have been taken to determine the types of employment or work which, by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of young persons under 18 years of age, in accordance with Article 3 of the Convention.