Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Labour Inspection Convention, 1947 (No. 81) - Costa Rica (Ratification: 1960)

The Committee notes the information provided by the Government in its report, which was received by the ILO on 18 November 1998, and its response to the observations made by the Inter-Confederal Committee of Costa Rica (CICC), to which the Committee referred in its previous comment.

1. Article 7, paragraph 3, of the Convention. The Committee notes that, in reply to the allegations of the CICC that the absence of adequate training affects the effectiveness of labour inspection, the Government refers to the training provided to inspectors at the beginning of their careers and regular further training during their careers, and refers specifically to the exchanges of views with other professionals designed to adapt their knowledge to the changes which have occurred in labour legislation. The Committee also notes that, in a communication from the National Directorate of the General Labour Inspectorate, which was attached to the Government's report, a description is provided of the efforts made to professionalize the inspection services, which includes many specialists in such different branches as law, social sciences and occupational medicine. The Committee also notes the information provided by the Government concerning a mobility programme which has resulted in the departure of many inspectors and the arrival of new officials and, considering appropriate training to be all the more necessary, it requests the Government to provide detailed information on the initial and further training provided to inspectors for the performance of their duties.

2. Article 10. The Committee notes that the CICC alleges that there is an insufficient number of inspectors to secure the effective discharge of the duties of the inspectorate and that it considers that this number, which is around 120 inspectors, should be increased to 400 inspectors at least. In its reply, the Government states that the number of inspectors doubled in 1996 from 50 to around 117. The Committee also notes the information contained in the above communication concerning the inspections carried out, the number of which increased during 1997, and on the sectors in which inspections were planned for 1998, namely construction and transport. Noting the substantial difference between the assessment made by the CICC of the number of inspectors considered to be necessary and their actual numbers, the Committee requests the Government to provide detailed information on changes in the numbers of labour inspectors which should be sufficient to ensure the effective discharge of the duties of the inspectorate.

3. Article 11. The Committee notes that the CICC considers that the arrangements made to furnish labour inspectors with local offices and transport facilities are insufficient, and that it alleges that the failure to reimburse inspectors their travel expenses is a considerable obstacle to the activities of the inspectorate. The Committee notes that the Government, without denying the low level of resources provided, blames them on budgetary constraints and states that over recent years efforts have been made to provide logistical support to the national and regional directorates of the labour inspectorate, including transport facilities and the reimbursement of travel expenses, as noted also in the above communication from the Directorate of the Labour Inspectorate. The Committee hopes that the Government will continue to provide information on any improvement in the situation relating to the application of this Article of the Convention.

4. The Committee notes the commencement in November 1997 of a subregional project, which includes Costa Rica, to modernize and strengthen labour administrations, which includes an important component devoted to labour inspection. It hopes that the Government will provide information on the implementation of the project and its positive effects on the organization and operation of the labour inspectorate.

5. The Committee is addressing a request directly to the Government concerning the application of a number of other points.