Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

With reference to its observation, the Committee requests the Government to provide further information on the following points.

Article 3, paragraph 1, of the Convention. Improvement of the quality of labour inspection activities. Noting with interest the adoption of a new Manual of Procedures for Labour Inspection, the Committee would be grateful if the Government would provide information on its impact in terms of improving the quality of labour inspection activities. The Committee also requests the Government to keep the ILO informed of the results of the implementation of the regional project “Comply and Win 3” launched in October 2008, the aim of which is to reinforce the institutional capacity of Ministries of Labour in the countries of the region so as to make their labour inspection activities more effective.

Article 11, paragraph 1(a). Conditions of work of labour inspectors. According to the Confederation of Workers Rerum Novarum (CTRN), some labour inspection offices do not even comply with the minimum requirements of occupational safety, as most of them are overcrowded and lack ventilation. The workers’ organization also deplores the lack of adequate furniture, computers, printers and other basic supplies. In this regard, the Government merely provides information on the budget requested for 2007, without indicating whether the requested funds were allocated in full to the National Directorate of the Labour Inspectorate and whether the budget is sufficient to cover the basic needs of labour inspection offices. The Committee would be grateful if the Government would indicate the priority needs of the National Directorate of the Labour Inspectorate and any measures taken or envisaged to address the alleged scarcity of resources.

Articles 11, paragraph 1(b), and 16. Transport facilities to carry out inspection visits. According to the CTRN, labour inspectors waste much of the working day travelling to and returning from workplaces that are liable to inspection because of their dependence on public transport. Moreover, the CTRN contests the information provided by the Government in 2006 that two of the five cars cquired by the Ministry of Labour were placed at the permanent disposal of the Labour Inspectorate. Referring to paragraphs 249–255 of the General Survey of 2006 on labour inspection, the Committee would be grateful if the Government would take the necessary measures to ensure that labour inspectors have access to suitable transport facilities and keep the ILO duly informed.

Labour inspection and child labour. The Committee notes with interest Regulation No. 34423-MTSS of 2 February 2008 issuing the protocol of inter-institutional coordination for the treatment of under age workers. The Committee would be grateful if the Government would provide the ILO with information on the impact of this Regulation in practice, the cases reported and the action taken to reduce the use and abuse of child labour.

Articles 5(a), 20 and 21. Cooperation required for the publication of an annual labour inspection report. The Committee notes the reference by the Government to a Programme of Institutional Coordination established in early 2007 aimed at uniting the efforts of various institutions to improve the effectiveness of their labour inspection activities: a Pilot Plan initiated in the construction sector in October 2007, and an Automated Labour Inspection and Management System (SAIL) to be launched in all 29 labour inspection offices in April 2009. The Committee would be grateful if the Government would provide more information on the above Programme and Pilot Plan. It requests it to make every effort to ensure that an annual report on labour inspection containing information on the matters listed in Article 21 of the Convention is published and communicated to the ILO in the very near future.

Article 5(b). Collaboration between labour inspection services and social partners. The Committee notes with regret that so far advisory councils have not been convened sufficiently regularly to strengthen tripartite consultancy machinery and that the draft amendment to Decree No. 28578-MTSS of 3 February 2000 on the organization of the labour inspectorate has not been enacted. However, the Committee observes that a proposal has been made to pay per diems to employers’ and workers’ representatives to facilitate their attendance at the meetings. The proposal is awaiting approval by the appropriate authorities. The Committee urges the Government to take the necessary measures to give effect to this provision of the Convention in practice and to keep the ILO informed of the progress achieved.