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

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

The Committee notes the comments made by the Union of Public and Private Enterprise Workers (SITEPP) on the application of the convention. The Committee also notes the comments of the Costa Rican Federation of Chambers and Associations of Private Enterprises (UCCAEP). The Committee requests the Government to send its observations in this respect.

In its previous observations 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 unionized workers 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 view of the fact that the Government has not sent any observations on this matter, the Committee urges the Government to examine this issue in the Higher Labour Council (a tripartite national body).

The Committee also previously noted a draft Act before the Legislative Assembly to extend and improve protection against anti-union discrimination. It noted that the draft Act, which fully addresses acts of anti-union discrimination and interference, provides for rapid procedures prior to dismissal which have to be undertaken by the employer, for summary proceedings before the judicial authorities, with compulsory time limits to ascertain the reasons for the dismissal, and for severe penalties for refusal to reinstate the worker where justified grounds are not found to exist. The Committee notes the Government’s statement that the draft Act contains two key components: (1) establishing expeditious (summary) proceedings in the administrative and judicial bodies with the purpose of establishing whether or not the challenged dismissal complies with the law; and (2) ensuring that the legislation promotes the harmonious and orderly development of the labour sector and its representatives. The draft Act is high on the legislative agenda. The Government adds that in 2005 the Executive Authority submitted a draft Act to the Legislative Assembly on procedural reforms in labour legislation containing a special chapter which governs special procedures taking into account the protection of trade union immunity and the recommendations of the ILO supervisory bodies. The abovementioned draft Act (file No. 15990) has been under examination since June 2009 by a new subcommittee, which meets on a weekly basis, and was included on the agenda of extraordinary meetings of the Legislative Assembly held from 1 to 31 August 2009. The Committee expresses the hope that the draft Act on labour reform will be approved in the near future and will be in full conformity with the provisions of the Convention. The Committee requests the Government to send a copy of the Act, once it has been adopted. The Committee also underlines the importance of the prompt adoption, by means of expeditious procedures, of the draft Act defining anti-union acts. The Committee reminds the Government that this draft Act has received tripartite support and, taking into account the cases of dismissals of union leaders examined by the Committee on Freedom of Association in recent years, urges the Government to take steps to ensure that it is discussed and adopted in the Legislative Assembly.