Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 13 of the Convention. Preventive function of the labour inspectorate. The Committee would be grateful if the Government would indicate the legal provisions in force, implementing this Article of the Convention, with regard to the powers of labours inspectors to make or to have made orders requiring modifications to be carried out within a specified time limit and measures with immediate executory force in the event of imminent danger to the health or safety of workers.

Articles 5(a), 19, 20 and 21. Periodic reports and necessary cooperation for the publication of an annual report on labour inspection. The Committee notes that the Inter-Institutional Cooperation Programme combines efforts of institutions such as the National Directorate of the Inspectorate, the Occupational Health Council, the National Insurance Institute (INS) and the Costa Rican Social Security Fund (CCSS). The Committee also notes that the pilot plan in the construction sector has had positive results concerning sector coverage and the facilitation of the inspectors’ work. Furthermore, the Government indicates that the “Cumple y Gana” Project, resumed at the end of 2008 to continue its collaboration with a view to strengthening the strengthening of the labour inspectorates of various Central American countries and the following have been achieved: is expected to end in September 2012. Within that project’s framework, the implementation of an electronic system of cases (SEC), the elaboration of the strategic plan and of the strategic communication plan of the National Directorate of Inspection; the improvement of the Handbook of Procedures of the Labour Inspection and the preparation of operation protocols. The Committee would be grateful if the Government would facilitate information on the results of the “Cumple y Gana” project as well as the pilot plan in the construction sector and its impact on the respect of labour legislation and to indicate whether it has envisaged conducting such experiences in other economic sectors of activity.

The Committee notes that, the statistics on inspection activities are presented in relation to the programmed activities and that, monthly reports and inspection forms are the source of such data. The Committee requests the Government to provide a copy of periodic reports serving as a source of that information, and specific information on the manner in which the programmed objectives of the inspection services are determined.

Labour and child labour inspection. The Committee notes the information provided in the Government’s report regarding the institutional protocol and the intra-institutional protocol, the implementation of the National Action Plan for the Prevention and Eradication of Child Labour and Special Protection of Adolescent Workers, the Plan’s follow-up system, as well as the indication on the number and percentage of cases heard by the regional offices in 2009. The Committee would like to refer the Government to its 2010 comments made under Article 5 of the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee requests the Government to provide in its next report data on the inspection visits performed, related to child labour, in industrial and commercial undertakings liable to inspection by regional office, the infringements found while indicating the legal provision to which they refer, the sanctions imposed and the number of children affected.