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

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

General minimum age

The Committee notes the information supplied by the Government in its report. According to the Government, the amendment of the Labour Code (Reforma del Código de Trabajo No. 7680 of 1997), which would set the minimum age for work at 12 years of age, was submitted to the legislature (Plenario Legislativo) and published in La Gaceta on 14 August 1997. This Bill was vetoed by the Executive for unconstitutionality of sections 88 and 89 on 24 July 1997 and returned to the legislature. The Committee notes that the said sections, if adopted as such, would not be in conformity with the Convention. It notes the Government's indication that the process of amending the Labour Code to bring it in line with the Convention is, therefore, still under way.

The Committee further notes the adoption of the Code of Children and Adolescents (Código de la niñez y la adolescencia, Legislative Decree No. 7739 of 6 January 1998), under which the minimum age is set at 15 years old (section 92). The Committee notes with interest that all protections under Chapter VII (Special system of protection of child labour) of this Code are to cover all types of work by adolescents: work on one's own account, in both the formal and the informal sectors, work at home and in family undertakings (section 84).

Recalling that the minimum age of 15 years was specified by Costa Rica, at the time of its ratification of the Convention, in accordance with Article 2, paragraph 1, of the Convention, the Committee highly appreciates the decision that the Government took regarding the proposed amendments to sections 88 and 89 of the Labour Code mentioned above. It again requests the Government to provide information on progress made in bringing the provisions of the Labour Code into line with the Convention as well as the Code of Children and Adolescents with regard to the general minimum age for work or employment applicable in the country subject to such exceptions as permitted under other Articles of the Convention.

Hazardous work

Further to its previous comments, the Committee notes that the Code of Children and Adolescents prohibits the work of "adolescents", defined as persons aged between 12 and 18, in unhealthy and dangerous places, retail shops of alcoholic beverages, activities subjecting their security or that of other persons to the minors' responsibility, work with dangerous machinery, contaminating substances and excessive noise (sections 2 and 94). The report also refers to provisions of the same Code regarding limits to hours of work for young persons and the prohibition of their night work.

The Committee notes that, although these provisions are explicit and specific for certain types of work, such as work in retail shops of alcoholic beverages, some notions like unhealthy and dangerous places, dangerous machinery and contaminating substances need further specification to be implemented as a prohibition, especially with the possible imposition of penalties as the Convention requires under Article 9. The Committee again asks the Government to indicate any measures taken or envisaged to determine, in consultation with the employers' and workers' organizations, types of work or employment prohibited to persons under 18 in accordance with Article 3, paragraph 2.

Exceptions as to light work

The Committee notes that the Government makes no reference to Article 7 in the report, and the Code of Children and Adolescents has no provisions on exception to the minimum age regarding light work. However, the Committee recalls that the current Labour Code allows work of children aged 12 years or over (section 89) without limiting it to light work. It recalls that exceptions to the general minimum age for work are permitted only in regard to light work under conditions prescribed in Article 7 of the Convention, for persons aged 13 years or more instead of 12 years. The Committee notes that the above-mentioned Bill to amend the Labour Code would not have resolved this problem, and requests the Government to indicate any measures taken to ensure that access to employment under the age of 15 years may be allowed, exceptionally, only from 13 years of age on light work meeting the criteria set out in Article 7.

General measures for the elimination of child labour

In its previous observation, the Committee noted the Organic Act of the National Childhood Foundation (No. 7648, published on 20 December 1996) and requested the Government to provide information on the activities actually carried out by this body, in so far as they have bearing on the application of the Convention in practice. In the absence of such information in the report, apart from the repeated reference to the text of the same Act, the Committee again requests the Government to provide information on various measures taken for the elimination of child labour either by the said Foundation, or any other body concerned with the rights of children and young persons, or more specifically with child labour. In this regard, the Committee notes that the Decree for the constitution of a National Committee on the Combat against Child Labour was signed in March 1997, and would be grateful to the Government for including information on the activities of this Committee, and a copy of this Decree.