Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Protection of Wages Convention, 1949 (No. 95) - Costa Rica (Ratification: 1960)

Article 3(1) of the Convention. Prohibition of the payment of wages in the form of vouchers, coupons or in any other form alleged to represent legal tender. Further to its previous comments on the need to amend section 165 of the Labour Code, which provides that coffee plantations may pay workers with tokens representing legal tender, the Committee notes that the Government refers in its report to the action taken by the Ministry of Labour and Social Security (MTSS) in 2016 in this area, including consultation with the Ministry of Agriculture. However, the Committee notes that the above-mentioned legal provision has still not been amended and information has not been provided on specific measures adopted in this respect. The Committee requests the Government to adopt without delay the necessary measures to amend section 165 of the Labour Code, and to guarantee that the prohibition of the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender, is effectively applied to all workers, including those employed on coffee plantations. The Committee requests the Government to provide information regarding the adoption of such measures.

Article 4(2)(b). Fair and reasonable value attributed to allowances in kind. In its previous comments, the Committee requested the Government to take the necessary measures to amend section 166 of the Labour Code, under which the value of allowances in kind is fixed at 50 per cent of the cash wages if no other amount has been determined between the parties, which is not in compliance with Article 4(2)(b), as the above-mentioned provision does not guarantee that the value attributed to allowances in kind is fair and reasonable. In this regard, the Committee notes the information provided by the Government on the action taken by the MTSS in 2017, including a request for this issue to be examined by the National Wages Council. However, the Committee notes that the legal provision in question has still not been amended and information has not been provided on specific measures adopted in this respect. The Committee requests the Government to adopt the necessary measures without delay to amend section 166 of the Labour Code and effectively guarantee that the value attributed to allowances in kind is fair and reasonable. The Committee requests the Government to provide information regarding the adoption of such measures.