Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Dock Work Convention, 1973 (No. 137) - Costa Rica (Ratification: 1975)

The Committee notes the observations of the Costa Rican Confederation of Democratic Workers (CCTD), communicated with the Government’s report, and the Government’s reply to these observations.

Article 2 of the Convention. Permanent and regular employment. The Committee notes the observations of the CCTD according to which many of the dockworkers in Pacific and Atlantic ports who were dismissed due to the modernization and construction of docks, have not managed to find employment on the formal labour market. The CCTD adds that many dockworkers will be dismissed due to the construction of the new dock in the Atlantic port. In this regard, the CCTD emphasizes that the Government does not have a policy to encourage the creation and seeking of employment for dismissed dockworkers, for which reason it is necessary to create mechanisms to guarantee formal employment in docks, including support for skills training and entrepreneurship. The Committee also notes the Government’s reply indicating that a tripartite forum has been established for the acceptance of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), which formally commenced operation on 2 March 2017. In this regard, the Government indicates that the three social partners reached consensus on the need to determine strategies with a view to reducing administrative procedures, simplifying the tax system and improving access to technical training and social protection. The Committee requests the Government to provide updated information on the measures taken to promote permanent employment in ports and to give effect to Article 2 of the Convention. The Committee also requests the Government to provide detailed information on the work of the tripartite forum in relation to the application of Recommendation No. 204 to dockworkers and the impact of its policies in practice.

Article 5. Cooperation with the social partners. In its previous comments, the Committee requested the Government to indicate the manner in which the Costa Rican Pacific Ports Institute (INCOP) and the Board for Port Administration and Economic Development of the Atlantic Coast (JAPDEVA) have cooperated with the organizations of dockworkers. In its report, the Government refers to the information provided by the Executive President of the INCOP, according to which in 2015 a branch of the National Association of Public and Private Sector Employees (ANEP) was established with the objective of defending the labour rights of dockworkers. The Government adds that this constituted significant support for these workers, as they were able to channel their doubts through the organization, engage in consultations and benefit from a channel of communication between dockworkers and the administration of the INCOP. The Executive President of the JAPDEVA indicates that it has a trade union, the Union of JAPDEVA Workers (SINTRAJAP), which negotiated a first collective agreement for the ports of Limón and Moín in 1974, which has been revised and updated every two years. It also indicates that the current administration of the JAPDEVA, aware of the need to establish a channel of communication with the social partners, has opened an inclusive space for communication and has received the trade union representatives of the Union of Dockworkers and Cargo Handlers of Costa Rica (SITRAMPRECORI) and the representative of a branch of the ANEP. The Committee requests the Government to continue providing updated information on the collaboration of the INCOP and the JAPDEVA with the organizations of dockworkers with a view to improving the efficiency of work in ports, and the impact of that collaboration.

Article 6. Safety, health, welfare and vocational training of dockworkers. The Government refers to the information provided by the Executive President of the INCOP, according to which concessionary enterprises have certification based on international standards which guarantee the safety of workers, the protection of the environment and the quality of services. With regard to the training processes promoted by the INCOP, the Committee notes that it is currently promoting a training plan for officials with a view to encouraging the use of common maritime and port terminology and ensuring that they have knowledge of the various international conventions in the port sector. The Committee also notes that in 2017 training was provided for ten officials on subaquatic matters with a view to reinforcing their professional port profile and complying with the objectives of the corporate social responsibility programme, which focuses on the conservation of the seas. The Committee also notes that courses and conferences have been proposed on various subjects, such as the legal framework for maritime transport, the maritime environment and port administration. The Executive President of the JAPDEVA also reiterates that, with a view to improving relations between management and workers, establishing safety and health standards and regulating the vocational and technical training of dockworkers, the collective agreement is revised and updated regularly. The Committee requests the Government to continue providing information on cooperation between employers’ and workers’ organizations, and on the results achieved in a tripartite context to improve the efficiency of dock work (Part V of the report form).