Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Costa Rica (Ratification: 1960)

Articles 2 and 5 of the Convention. Inclusion of labour clauses in public contracts – Measures of supervision and sanctions. For a number of years the Committee has been encouraging the Government to take the necessary steps to clarify the legal framework regarding the labour conditions applicable to the execution of public procurement contracts and ensure the actual inclusion of the labour clauses provided for under Executive Decree No. 11430-TSS of 1980 in all public contracts to which the Convention applies. In its previous comment, the Committee noted that the Government had contacted the ILO Decent Work Technical Support Team and Country Office for Central America in San José with a view to discussing possible measures for enhancing the contractors’ respect of labour legislation in public procurement operations. In its latest report, the Government indicates that it is currently reviewing the national legislation on public procurement in order to assess the need to take measures to ensure the effective insertion of labour clauses in all public contracts. For this purpose, a meeting between the Deputy Minister of Labour and the Ministry of Finance in collaboration with the ILO Country Office in San José has been planned in order to consider improvements to the content of tender documents and public contracts. The Government also refers to Circular OMC-011-2011 of the Ministry of Labour and Social Security of 5 May 2011 which is aimed at enhancing the efficiency of ministerial management of public procurement, including the supervision of the execution of public contracts. The Committee requests the Government to keep the Office informed on the outcome of the abovementioned technical discussions and requests the Government to transmit a copy of any new legal instrument that might be adopted to ensure the effective implementation of the Convention in practice.