Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Costa Rica (Ratification: 1960)

1. Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the Government’s statement in the report received in September 2005 to the effect that a specific time frame for the abolition of fee-charging employment agencies has not been established and that the National Employment Directorate is always vigilant in its supervisory function when it identifies any anomalies in this respect. The Committee requests the Government to provide general information in its next report on the manner in which Convention No. 96 is applied, including summaries of inspection reports, information on the number and nature of the contraventions reported and other particulars relating to the application of the Convention in practice (for example, the expansion of the activities of private employment agencies and the measures adopted by the competent authority to supervise the activities of such agencies).

2. Revision of Convention No. 96. The Government indicates in its report that the principal functions of the National Employment Placement Council include establishing the policies and action governing public and private employment services at the national level (section 3(b) of Regulation No. 29219-MTSS of 22 December 2001, which was also mentioned in relation to the application of the Employment Service Convention, 1948 (No. 88)). Furthermore, the document entitled “Employment policy for Costa Rica” of the Ministry of Labour and Social Security (March 2004) indicates that the National Employment Information, Guidance and Placement System (SNIOIE) is entrusted with the responsibility of collaborating with private employment agencies, while observing that private employment agencies have been prohibited by law and that the approval of the Private Employment Agencies Convention, 1997 (No. 181), concerning which a decision is pending in Congress, would facilitate employment intermediation through the regulation of cooperation between such agencies and the public employment service (page 38 of the above document). The Committee emphasizes that Convention No. 181 acknowledges the role played by private employment agencies in the operation of the labour market. Furthermore, the Governing Body of the ILO has invited States which are parties to Convention No. 96 to contemplate ratifying Convention No. 181, the ratification of which would involve the immediate denunciation of Convention No. 96 (document GB. 273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee requests the Government to keep it informed of the progress made with regard to the legislative and other procedures necessary for the ratification of Convention No. 181.