Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Workers' Representatives Convention, 1971 (No. 135) - Costa Rica (Ratification: 1977)

The Committee takes note of the Government’s report.

In its previous observation, the Committee noted that the number of protected trade union representatives was small (section 365 of the Labour Code - one leader for the first 20 workers unionized and one for every additional 25 up to a maximum of four), and expressed the view that it would be appropriate to extend protection to a larger number of representatives without prejudice to satisfactory general protection for all workers against acts of anti-union discrimination.

In its previous report the Government provided information on a Bill before the Legislative Assembly to extend and improve protection against anti-union discrimination. The Committee observed that the Bill (to reform several provisions of the Labour Code) which has tripartite consensus, addresses very fully the acts of anti-union discrimination and interference (dismissals, transfers, blacklists, etc.) and provides for very rapid procedures prior to dismissal which have to be discharged by the employer and for summary proceedings before the judicial authorities, with compulsory time limits to ascertain the reasons for the dismissal and severe penalties for refusal to reinstate the worker where justified grounds are not found to exist. It is provided expressly that, in the situations described above, dismissal without due cause as provided in the Labour Code shall be void (that is, subject to compensation) as already established in the case law of the Constitutional Chamber.

In its last report the Government states that it has noted the Committee’s comments and hopes to be able to provide information in the near future on the adoption of the abovementioned Bill. The Committee requests the Government to keep it informed on this matter.