Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Protection of Wages Convention, 1949 (No. 95) - Costa Rica (Ratification: 1960)

With regard to its previous comments, the Committee takes note of the information supplied by the Government in its reports.

1. In its previous observation, the Committee had referred to the comments provided by the Transport Workers’ Union of Costa Rica (SICOTRA) and by the Confederation of Workers Rerum Novarum (CTRN), according to which deductions were being made systematically from workers’ wages in certain public transport enterprises. It was stated that the owners of the enterprises in question were making these deductions to make up for losses incurred as a result of the malfunctioning of the electronic user registration service or caused by vehicle breakdowns or traffic accidents. The Committee had stated that such practices might be considered to be violations of Articles 1, 8, 9 and 14 of the Convention.

2. In reply to these comments, the Government states that the National Directorate and General Inspectorate of Labour states in a report dated 4 August 2002 that a detailed study has been launched into the systems used in public transport systems to reduce margins of error and implement means of educating users in order to reduce and ultimately eliminate the burden of responsibility of drivers. As regards the comments on deductions from workers’ wages by the owners of the public transport company, the Government states that the National Directorate and General Inspectorate of Labour has taken note of these actions and will take steps to ensure that the laws, collective agreements and regulations concerning conditions of work and social security are observed.

3. Noting the information supplied by the Government on measures taken in relation to the matters referred to in the comments of SICOTRA and CTRN, the Committee requests the Government to continue to provide information on the results of the initiatives of the National Directorate and General Inspectorate of Labour with a view to ensuring full compliance with national legislation in this area and with the provisions of this Convention with regard to the deductions from wages.

4. The Committee had previously referred to the comments of the CTRN regarding the failure to comply with Article 12, paragraph 1, of the Convention (respecting payment at regular intervals). In this regard, the CTRN stated that workers in the road transport sector were paid irregularly. In response to the Committee’s request to the Government to provide relevant extracts of official reports and inspection records, the Government has stated that the necessary measures have been taken to ensure that the provisions of the Convention concerning regular payment of wages are observed. The Government refers in particular to the instructions issued by the Ministry of Labour and Social Security to prepare the information requested by the Committee. The Committee once again hopes that the Government will supply with its next report information on the results of the measures adopted to ensure that national legislation and Article 12, paragraph 1, of the Convention are observed, supported by extracts from labour inspection reports.

5. As regards the comments made by the Association of Customs Officers (ASEPA) concerning wage stoppages, the Committee takes note of the information that has been supplied to the Committee on Freedom of Association in connection with this matter.

6. Article 3, paragraph 1. The Committee had referred to the incompatibility between national law and this Article of the Convention. The Committee recalls that, under the terms of section 165, paragraph 3, of the Labour Code, it is permitted to remunerate coffee plantation workers with any of the items listed as substitutes for legal tender, which is not consistent with this Article of the Convention.

7. The Committee notes that, according to the Government, this has been customary practice in the country for some years, without any significant loss of wages to workers. However, the Government states that, in consultation with the main representative organizations in the coffee-growing sector, legislation is being prepared to reform the current system of payment.

8. In the light of the Government’s statement, the Committee’s understanding is that, although the practice of paying coffee sector workers with substitutes for legal tender may not entail any significant loss of wages for these workers, it does nevertheless entail some loss of what these workers should receive. The Committee therefore hopes that the Government will take all necessary steps to bring its legislation into line with Article 3, paragraph 1, of the Convention, so as to ensure that coffee sector workers are not paid in promissory notes, vouchers, or any other substitute for legal tender. The Committee requests the Government to provide the International Labour Office with relevant information on any progress made in amending section 165 of the Labour Code.

9. Article 4, paragraph 2. The Committee recalls that for some years it has requested the Government to adopt the measures needed to give effect to this Article of the Convention. The Committee had noted the fact that the Government had referred to the adoption of the regulations envisaged under section 2 of Decree No. 11324-TSS respecting the valuation of allowances in kind. In its latest report, the Government, citing section 166 of the Labour Code, concludes that the section in question gives effect to Article 4, paragraph 2, of the Convention, and that "the implementation of the regulations envisaged under the Decree, which has been cited frequently to date, would be of no benefit". The Committee notes with regret that the Government, by contrast with its previous position, now considers that section 166 of the Labour Code is sufficient to give effect to Article 4, paragraph 2, of the Convention. The Committee must emphasize that the text of section 166 contains no requirement that such allowances in kind be appropriate for the personal use and benefit of the worker and his family or that the value attributed to such allowances be fair and reasonable. Lastly, the Committee hopes that the Government, in reviewing its latest position, will either amend section 166 of the Labour Code to reflect the provisions of this Article of the Convention, or adopt the regulations contained in Decree No. 11324-TSS, as it had previously indicated it would do. The Committee requests the Government to keep the International Labour Office informed of the measures taken to give effect to this Article of the Convention.

[The Government is asked to reply in detail to the present comments in 2003.]