Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

With reference also to its observation, the Committee draws the Government’s attention to the following points.

Basis in law for the exercise of the job of labour inspector. The Committee notes that Decree No. 28578 of 2000 to organize the labour inspection services repealed the provisions on labour inspection contained in the 1971 Regulation on the reorganization of the Ministry of Labour and Social Security. A number of provisions concerning the functions of the labour inspectorate and the powers and obligations of labour inspectors, which gave effect to the Convention, have thus been eliminated and have been replaced by sections 9(g) and 24(m) of the new text providing in very general terms that the labour inspectorate and labour inspectors are responsible for the functions defined by ILO Conventions Nos. 81 and 129. In the Committee’s view, these provisions are not sufficient to give the labour inspectors the necessary legal framework within which to exercise the powers and obligations conferred on them. The Committee would be grateful if the Government would provide information on how it envisages supplementing the legislation so as to give effect to Article 3, paragraph 1(c), of the Convention, which provides that the labour inspection system shall be responsible for bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, and to Article 12, paragraph 1(c)(i), (ii), (iii) and (iv), on the power of labour inspectors to conduct inquiries.

Article 5. The Government is asked to provide information on how the system of inter-institutional and tripartite coordination in labour inspection matters established at the national and regional levels operates in practice, in accordance with the relevant recommendations of the MATAC/ILO programme.

Article 12, paragraph 1(a) and (b). Noting that, by virtue of section 24(i) of Decree No. 28578 of 3 February 2000, labour inspectors are authorized to enter premises by day or night while the right to enter freely the workplaces liable to inspection is restricted by section 89 of the Organic Act of the Ministry of Labour and Social Security to workplaces in which night work is carried out, the Committee trusts that the necessary measures will be adopted to harmonize the legislation in order to ensure that labour inspectors are authorized to enter by night any premises liable to inspection regardless of the work schedule in these workplaces.

Recalling moreover that labour inspectors shall be authorized to enter by day any premises which they may have reasonable cause to believe to be liable to inspection, the Committee requests the Government to take measures to incorporate a provision to this effect in the legislation.

Article 14. The Committee once again requests the Government to indicate whether measures have been taken or are envisaged to give effect to the provisions of this Article, under which labour inspectors must be notified of employment accidents and cases of occupational disease in such cases and in such manner as may be prescribed by national laws or regulations. Please also provide any relevant texts or documents.

Articles 20 and 21. The Committee notes the tables and information relating to Article 21(a), (b), (d), (e) and (f) of the Convention for the period 1996-2000. It notes, however, that no annual inspection report as envisaged under these Articles of the Convention was sent to the ILO. With reference to its previous comments on this matter, the Committee trusts that measures will soon be taken by the central labour authority to ensure the enforcement of this obligation, if necessary with the technical assistance of the ILO.

Inspection and child labour. The Committee once again requests the Government to provide specific and detailed information on the results of the labour inspection activities carried out in the context of Directive No. 1 of March 2001 of the Ministry of Labour and Social Security, in collaboration with the Office for the Detection and Elimination of Child Labour (OATI) and other institutions responsible for the protection of child workers and the elimination of child labour.