Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Costa Rica (Ratification: 1960)

The Committee notes the Government's report and the recent comments made by the Inter Confederal Committee of Costa Rica (CICC) on the application of the Convention, in which it confirms the relevance of the Committee's comments. The Committee observes that these comments have been sent to the Government to enable it to forward its observations in this respect.

The Committee recalls that its previous comments referred to the non-recognition of the right to collective bargaining for public servants not engaged in the administration of the State, and that in its previous observation it had noted that a Bill on the Status of the Civil Service had been submitted to the Legislative Assembly for approval, which envisaged the right to bargain collectively and to strike in the public sector.

The Committee observes that in its report for 1996 the Government reiterates that the draft in question is being examined by the Legislative Assembly. In these circumstances, observing that more than three years have already elapsed since the draft was submitted, the Committee expresses the hope that the Government will take the necessary measures in the very near future, be they through the adoption of the draft in question or by any other means, in order to bring the legislation into full conformity with the Convention. The Committee requests the Government to keep it informed of all developments in this respect and to send it copies of all the relevant texts adopted.

With reference to its previous comments recommending that the Government take measures in order to accelerate the investigation procedures whenever complaints are made concerning anti-union acts, for the purposes of providing effective protection for enterprise workers in free trade zones and other sectors, the Committee notes that the Government has forwarded a copy of a letter which it sent in December 1995 to the National Directorate of the Labour Inspectorate, the Directorate General for Labour Affairs and the Legal Affairs Directorate, instructing them to take measures in accordance with the recommendation made by the Committee. Notwithstanding this, given that the CICC refers to cases of anti-union discrimination, consideration of which has continued for years without being completed, the Committee requests the Government to take new measures to ensure that the procedures applicable in cases of anti-union discrimination are accelerated and to inform it accordingly.