Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the observations from the Confederation of Workers Rerum Novarum (CTRN), dated 31 August 2011 and 30 August 2012, concerning the following issues: (i) the insufficient number of labour inspectors in relation to their increased workload; (ii) the allocation of a significant proportion of inspectors’ hours of work to conciliation; (iii) the performance of administrative tasks by labour inspectors owing to the lack of clerical staff; (iv) the infrequent nature of inspections; and (v) the inadequacy of transport facilities, travel allowances and office equipment. The Committee also notes the Government’s reply of 2 January 2012 to the earlier observations referred to above and its communication of 22 November 2012 indicating that consultations are being held with the competent authorities in order to prepare a reply to the later observations from the CTRN. Lastly, the Committee notes the observations from the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), which were sent by the Government on 12 April 2012.

Articles 3, 10, 11, 16 and 21(c) of the Convention. Provision of adequate human resources and material and logistical means to enable the labour inspectorate to discharge its duties effectively. The Committee previously asked the Government to provide information on the number of industrial and commercial workplaces liable to inspection, together with their geographical distribution; the number and category of workers employed therein; the number of vehicles available for labour inspectors or the transport facilities that they may use in the course of duty; and any other information relevant to evaluation by the competent authority of the needs of the labour inspectorate in terms of human resources, material means and transport facilities. The Government indicates that, since September 2011, the National Directorate for Labour Inspection has access to information on workers registered in the centralized payment collection system of the Costa Rican Social Security Fund, and this facilitates the planning of workplace inspections. It also states that a total of 19 vehicles are at the disposal of labour inspectors for the performance of their duties, distributed as follows: five for the central region; three for the Huétar Norte region; and two each for the regions of Chorotega, Brunca, Pacífico Central and Huétar Atlántica, with inspectors also making use of public transport for their duty travel.

The Committee notes with interest that an assessment of the needs of the labour inspectorate was carried out with ILO technical assistance in response to a request from the Government in April 2012. It notes that the recommendations made as part of this assessment include establishing a database or adapting any existing database to which the labour inspectorate has access so that it contains data relevant to the labour inspectorate, such as data on workplaces liable to inspection. The Committee reminds the Government that the registration of workplaces liable to inspection, and the identification of activities carried out there and of the categories of workers employed therein, are key elements in determining labour inspection needs and priorities for action with a view to improving coverage. The Committee therefore requests the Government to indicate to what extent it intends complying with the recommendations regarding this field contained in the assessment and to state what measures have been taken or are envisaged in this respect.

The Government also states that, with a view to maintaining the operational capacity of the labour inspectorate, which is one of the goals of the Plan of Action (June 2012–September 2013) for the strengthening of the labour inspectorate in the context of technical assistance from the ILO, and in view of the impending retirement of a large number of labour inspectors and the austerity policy being implemented by the Government, it plans to take the necessary steps with regard to the budgetary authorities to ensure that the inspector posts that become vacant are not frozen and are filled, so as to maintain a total of 100 inspectors in active service. The Committee requests the Government to provide information on any changes in the number of labour inspection staff.

Articles 5(a), 19, 20 and 21. Periodic reports and cooperation necessary for the publication of an annual report on the work of the labour inspectorate. The Committee noted that the “Cumple y Gana” project was revived at the end of 2008, so as to continue the collaboration on reinforcement of the labour inspectorate of the various countries of Central America, and was due to be completed in September 2012. Noting that no information has been sent on this subject, the Committee again requests the Government to send information on the results of the “Cumple y Gana” project and on the pilot experiment conducted in the construction sector and its impact in terms of compliance with the labour regulations.

The Committee notes that, according to the information contained in the abovementioned assessment of the needs of the labour inspectorate, the labour information and case administration system (SILAC) has been providing nationwide coverage since 2012 and can be used as a statistical, information and monitoring tool with regard to the work of the labour inspectorate at national level. It also notes that the recommendations in this assessment include the updating of SILAC, incorporating the administrative register of the National Directorate for Labour Inspection, so that, in addition to acting as an electronic register of inspection files, it can also be used to produce labour statistics. The Committee expresses the hope that technical assistance from the ILO will facilitate the adoption by the Government of the necessary measures to enable local inspection offices to prepare periodic reports on the results of their work, as required by Article 19 of the Convention, and that these reports will enable the central inspection authority to prepare an annual report in accordance with Articles 20 and 21. It requests the Government to send information on any progress made in this respect. The Committee refers in this regard to the guidance contained in Part IV of Recommendation No. 81, regarding the form in which the information required by Article 21 of the Convention may be presented.

Article 12(1)(a) and (b). Free access of labour inspectors to workplaces. The Committee notes that no measures appear to be provided for under the Plan of Action for strengthening the labour inspectorate to comply with the Committee’s frequently repeated requests regarding the bringing of the national legislation into conformity with the Convention, so that labour inspectors are authorized to enter at night all workplaces liable to inspection, regardless of the working hours of those workplaces. The Committee therefore again requests the Government to ensure that measures are taken to bring the legislation into conformity with the relevant provisions of the Convention, to supply information on any progress made in this regard and to send copies of any relevant legal texts, once they have been adopted.

Articles 12(2) and 15(c). Notification of the inspector’s presence when carrying out an inspection and the principle of confidentiality. In reply to the request which has been repeated since 2004 to take the necessary steps to grant labour inspectors the right to refrain from notifying their presence to the employer or his or her representative at the beginning of the inspection, when they consider that such notification may be prejudicial to the performance of their duties, the Government indicates that labour inspectors are governed by the provisions of Conventions Nos 81 and 129. The Committee urges the Government to take measures to ensure that the legislation authorizes labour inspectors to refrain from notifying their presence to the employer or his or her representative during an inspection, when they consider that such notification may be prejudicial to the performance of their duties. It requests the Government to provide information on any progress made in this respect and to send copies of any relevant legislative texts.

With regard also to the need to take the necessary measures to amend the handbook of labour inspection procedures to incorporate the obligation of confidentiality with regard to complaints as provided for in Article 15(c) of the Convention, the Committee notes the Government’s reference to plans to amend the handbook in 2012 and its hope that it will therefore be in a position to report in the near future that progress has been made in this respect. The Committee requests the Government to provide information on this matter in its next report.

The Committee is raising other points in a request addressed directly to the Government.