Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes that the Government’s report has not been received.

The Committee notes the observations made by the Trade Union Association of Public Employees in the Customs Sector (ASEPA). It notes the Government’s explanations given in reply and the copies of the legislation recently adopted in the areas covered by the Convention: Decrees Nos. 28578 and 29477 of 20 and 23 February 2001 on the organization of the labour inspection services; Decree No. 29361 of 20 February 2001 on the composition of national and regional advisory councils; Decree No. 29530 of 18 April 2001 concerning the award of compensation to labour inspectors and Directive No. 1-67 of 3 July 2001 issuing the handbook of labour inspection procedures.

1. Prosecution for breaches of labour law. The ASEPA objected strongly to the slowness of administrative and judicial procedures to prosecute offences against labour legislation, on the grounds that the perpetrators often go unpunished because 29.5 per cent of the cases are time-barred. According to the Government, this assertion is unfounded at least as concerns complaints of trade union persecutions since 1998 and, by analogy, other complaints. The Committee would be grateful if the Government would transmit statistical information on the complaints filed with the competent courts, the number of complaints heard and the sanctions imposed since 1998.

2. Labour inspection and child labour. The Committee noteswith interest that, under Directive No. 1 of 13 March 2001 issued by the Minister of Labour and Social Security, in every regional inspection office an inspector will be responsible for the problem of child labour in cooperation with the committees for children and young people, the relevant committee in each community and other bodies whose mission is the elimination of child labour and the protection of young people’s working conditions in the context of the policies promoted by the Government. The Committee notes that, under the above Directive, the labour inspectorate is to establish the programme of activities in cooperation with the Office for the Supervision and Elimination of Child Labour and Protection of Young Persons at Work, responsible for supervision and technical assistance. The Government is asked to supply detailed information on the measures taken in the context of the above Directive and the results obtained in the light of the objectives sought.

The Committee is again addressing a request directly to the Government seeking information on points raised in its previous comment.