Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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. Supervisory measures and sanctions. In its previous comments, the Committee requested the Government to provide information on the results of its review of the national legislation on public procurement to assess the need for measures to ensure the effective inclusion of labour clauses in all public contracts. The Committee notes with interest the steps taken by the Government to give effect to these provisions of the Convention. The “Guide to Social Criteria in Procurement Processes in Costa Rica” prepared by the Ministry of Labour and Social Security (MTSS) and the Ministry of Finance was published in 2014 as part of the Capacity-Building for Sustainable Public Procurement Programme promoted by the United Nations Environment Programme. This guide establishes the obligation to include labour clauses in all public contracts, including subcontracts, ensuring to the workers’ wages, hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned. It also establishes sanctions for non-observance of labour clauses by the contractor or his or her staff, which range from fines to termination of the contract. Moreover, the Government refers in its report to the assistance provided by the ILO Office for Central America, Haiti, Panama and the Dominican Republic in relation to the harmonization of the national legislation with the provisions of the Convention. In this context, the national policy on sustainable public procurement was approved and the National Steering Committee on Sustainable Procurement was established to oversee its coordination and implementation, by virtue of Executive Decree No. 39310-MH-MINAE-MEIC-MTSS of 21 July 2015. Section 4 of the national policy establishes the criteria that the public sector must take into consideration when procuring goods, services and work, which include observance of the labour and social security legislation and guarantees that protect the workers involved in every stage of the development of the products purchased or services contracted by the administration. Section 5(6) provides that this national policy will be based on the promotion of procurement processes for goods, work and services that foster a culture of compliance with labour legislation so as to ensure adequate conditions and workers’ labour rights. The Committee requests the Government to provide examples of public contracts containing the labour clauses prescribed in the “Guide to Social Criteria in Procurement Processes in Costa Rica”. The Committee also requests the Government to provide updated information on the application in practice of the Convention, including summaries of inspection reports, as well as information on the number and nature of infringements reported.