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

Employment Policy Convention, 1964 (No. 122) - Costa Rica (Ratification: 1966)

The Committee notes the observations of the Rerum Novarum Workers’ Confederation (CTRN), received on 31 August 2017. It also notes the observations of the International Organisation of Employers (IOE) and the Costa Rican Confederation of Democratic Workers (CCTD), received on 1 September and 23 September 2017, respectively. The Committee further notes the Government’s replies to the observations of the CCTD, which are included in its report. The Committee requests the Government to send its comments on the observations of the CTRN and the IOE.

Article 1 of the Convention. Formulation and implementation of an active employment policy. In its previous comments, the Committee asked the Government to provide information on the progress of the “National employment and production strategy (ENEDP)” in achieving the objectives of the Convention. The Committee notes the detailed information included in the summary of the “Annual technical report on the ENEDP support project”, provided by the Government. According to the aforementioned report, improvements were made in 2016 with regard to: (i) building institutional and managerial capacity for effective implementation of the abovementioned strategy through measures such as expansion of the national directory of organizations in the social solidarity economy and the creation of spaces for coordination and follow-up with institutions involved in implementation of the ENEDP; (ii) strengthening social dialogue, including through the establishment of the preparatory framework for creating a national forum for tripartite dialogue on the transition from the informal economy; (iii) formulating and implementing specific policies to improve ENEDP vocational training and job placement programmes; (iv) the provision of technical advice for the Presidential Economic Council in relation to the formulation of national policy on productive transformation and the development of an agenda for research into the links between macroeconomic policy and employment; and (v) the conditions for the integration of socially vulnerable groups (women in general and female domestic workers in particular) with a view to safeguarding their labour rights. The Committee also notes that the CTRN, in its observations, maintains that the labour rights of workers are not guaranteed in practice, particularly as regards payment of the minimum wage, bonuses and overtime. The CTRN emphasizes that social inequality and informality have increased in the last few decades. The CTRN also refers to the drafting of a Tax Reform Bill, which provides for the deregulation and flexibilization of labour rights of public sector workers. The Committee requests the Government to provide information on the impact of the measures taken to achieve the objectives of the “National employment and production strategy (ENEDP)”. The Committee also requests the Government to provide information on the status of the process of adoption of the Tax Reform Bill and to send a copy when it is adopted.

Article 3. Participation of the social partners. In its previous comments, the Committee asked the Government to provide information on the consultations held with the social partners, particularly those working in the rural sector and the informal economy, with a view to enlisting the support needed to implement the employment policy. The Committee notes the Government’s indication that a tripartite round table was convened in 2017 regarding the adoption of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), in which the main workers’ and employers’ organizations and public institutions took part. The Government adds that the round table reached consensus on the need for action with regard to, inter alia, simplification of taxation and improved access to technical training and social protection. In this context, tripartite technical committees were also formed to draw up specific measures for achieving the stated objectives. However, the Committee notes that the Government has not provided information on the holding of consultations with the social partners, including those working in the rural sector and the informal economy, in relation to implementation of the employment policy. The Committee once again requests the Government to provide detailed, up-to-date information on the consultations held with representatives of the social partners on the matters covered by the Convention, including with representatives of the rural sector and the informal economy.

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