Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Costa Rica (Ratification: 1960)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2014, of the National Federation of Employees of the Social Security System and Fund (UNDECA) received on 6 April 2016, and of the Rerum Novarum Workers’ Confederation (CTRN) received on 5 September 2016, concerning issues addressed by the Committee in the present observation. The Committee also notes the observations of the International Organisation of Employers (IOE) received on 1 September 2014 and 1 September 2016, which are of a general nature.

The Committee notes that the labour proceedings reform bill was adopted by means of Act No. 9343 of 25 January 2016 and will come into force in July 2017. The major changes in the law include quicker labour proceedings through incorporation of the principle of orality; the reorganization and specialization of labour jurisdiction; and the elimination of cost categorization and the provision of legal assistance free of charge. The Committee welcomes these changes in the law and notes that the Government has requested technical assistance from the Office in order to implement them.

The Committee recalls that it has been making comments for a number of years on the following matters:

Articles 2 and 4 of the Convention. Registration of trade unions and acquisition of legal personality. In its previous comments, the Committee recalled the need for Bill No. 13475, in amending section 344 of the Labour Code, to establish a short specific period during which the administrative authority is required to reach a decision on the registration of trade unions and after which, in the absence of a decision, legal personality is deemed to have been obtained. The Government indicates that Bill No. 13475 is at a standstill within the legislative process and that, in any case, it does not include the abovementioned provision in its content. However, the Government indicates that it will examine the possibility of including this aspect in the Bill in question or otherwise consider a separate alternative. The Committee also notes that the CTRN emphasizes in its observations that the legislative cycle of Bill No. 13475 expired on 8 November 2016. The Committee trusts that the Government will take the necessary steps in the near future to explicitly include the abovementioned time periods in Bill No. 13475 or other legislation and requests the Government to keep it informed in this respect.

Article 3. Right of organizations to elect their representatives in full freedom. Obligation for the trade union assembly to appoint the executive board each year (section 346(a) of the Labour Code). The Committee noted in its last observation that Bill No. 13475 no longer includes a requirement for the executive board to be appointed each year. The Committee notes that, in relation to this matter too, the Government indicates that Bill No. 13475 is at a standstill within the legislative process and does not include the abovementioned provision in its content, and that it will examine the possibility of including this aspect in the Bill or otherwise consider a separate alternative. The Government also reiterates that in practice the Ministry of Labour guarantees the full autonomy of organizations to determine the periods of office of their executive committees. The Committee requests the Government once again to take steps to amend section 346(a) of the Labour Code to bring it into line with the Convention and with the practice followed by the authorities, and to keep it informed in this respect.

Prohibition on foreigners from holding office or exercising authority in trade unions (article 60(2) of the Constitution and section 345(e) of the Labour Code). The Committee noted in its last observation that a proposed constitutional reform had been submitted to the plenary of the Legislative Assembly to resolve the issue. The Committee notes that the proposed constitutional reform is still active within the Legislative Assembly (legislative file No. 17.804). The Committee requests the Government to provide information on any further developments regarding the proposed constitutional reform.

Right of organizations to organize their activities and to formulate their programmes in full freedom. The Committee previously commented on the requirement to have the support of 60 per cent of persons who work in the enterprise, workplace or establishment concerned in order to declare strike action (section 373(c) of the Labour Code). The Committee notes with satisfaction that the Labour Proceedings Reform Act amends the abovementioned section and replaces it with the provision that, to achieve the minimum support for the strike to be legal: (a) the strike call must be approved by the general assembly of the union or unions at the enterprise, institution, establishment or workplace concerned that account, individually or collectively, for 50 per cent of the workers; and (b) in the event that there is no single union, or no union in combination with others, that accounts for the aforementioned percentage of membership, a ballot will be held and the strike will be deemed to be approved if at least 35 per cent of all workers at the enterprise have voted and at least “50 per cent plus one” of the votes cast are in favour of the strike (section 381).

The Committee also previously commented on the prohibition of the right to strike for “workers engaged in rail, maritime and air transport enterprises” and “workers engaged in loading and unloading on docks and quays” (section 376(c) of the Labour Code). The Committee had already noted the Government’s indication that the Constitutional Chamber of the Supreme Court of Justice had declared the strike prohibitions referred to by section 376(a), (b) and (e) of the Labour Code to be unconstitutional (vote No. 1998-01317). Observing that the Labour Proceedings Reform Act has not amended section 376 of the Labour Code, the Committee firmly hopes that the Government will take the necessary steps to amend this provision to remove the prohibition contained in clause (c) and also to ensure the legislation’s conformity with the abovementioned declaration of unconstitutionality. The Committee requests the Government to keep it informed in this respect.

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