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

Workers' Representatives Convention, 1971 (No. 135) - Costa Rica (Ratification: 1977)

The Committee notes the Government's report and the comments made by the Inter Confederal Committee of Costa Rica (CICC) on the application of the Convention. The Committee observes that the comments have been forwarded to the Government to enable it to send its observations in this respect.

The Committee notes that the CICC states that no procedure exists prior to the dismissal of a trade union leader in which the grounds for dismissal are established. Similarly, the CICC criticizes the lack of any kind of enforcement in court rulings ordering the reinstatement of trade union leaders. The Committee underlines that the Convention permits different types of protection for workers' representatives from acts that could be prejudicial to them, including dismissals, as long as there is effective and rapid protection, which would be provided for prior to or following a dismissal. In any event, the Committee must insist on the need to comply with judicial decisions that order the reinstatement of workers' representatives in their posts and requests the Government to take measures in this respect. As regards the excessive delays alleged by the CICC in proceedings concerned with acts of anti-union discrimination, the Committee requests the Government to take measures to ensure that proceedings are carried out expeditiously and to keep it informed in this respect.

Furthermore, the Committee notes that the CICC states that the Government is violating the provisions of Articles 2 and 5 of the Convention concerning facilities for workers' representatives and the requirement for elected representatives not to undermine the position of trade union representatives. In this respect, the Committee requests the Government to provide, in its next report, observations in relation to the comments made by the CICC on this matter.