Labour Inspection Convention, 1947 (No. 81) - Costa Rica (Ratification: 1960)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

The Committee notes the observations of the Costa Rican Confederation of Democratic Workers (CCTD) of 2018 on the application of Convention No. 81, forwarded together with the Government's report. The Committee also notes the joint observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers' Movement Central (CMTC) and the Juanito Mora Porras Trade Union Federation (CSJMP), received on 5 September 2018, on the application of Conventions Nos 81 and 129, and the Government's reply to these observations, as well as the joint observations of the CTRN, the CMTC, the General Confederation of Workers (CGT) and the Workers' Unitary Confederation (CUT), received on 31 August 2022, concerning Convention No. 129. It further notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) with the support of the International Organisation of Employers (IOE), received on 1 September 2018 on the application of Conventions Nos 81 and 129, and the Government's reply to these observations. The Committee also notes the observations of the UCCAEP of 2022 forwarded together with the Government's report on the application of Convention No. 81.

A.Labour inspection: Conventions Nos 81 and 129

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Cooperation between the labour inspection services and the judiciary. With regard to joint training for labour inspectors and the judiciary, the Committee notes the Government's indication that, in the framework of the 2015 agreement between the Deputy Minister of Labour and judicial magistrates, no activities have been undertaken. With regard to the implementation of the reform of labour procedures, the Committee notes that the Ministry of Labour and Social Security (MTSS) organized a 40-hour course on "reform of labour procedures", held from 27 January to 24 February 2017. The course was attended by 125 inspectors and conciliators of the MTSS and was supported by the judiciary through the participation of justice officials as facilitators. The Committee also notes the inclusion of “Title VII. Violations of labour laws and their penalties” in the Labour Code through the Labour Procedures Reform.The Committee requests the Government to indicate whether the 2015 agreement between the Deputy Minister of Labour and judicial magistrates to conduct joint training for labour inspectors and the judiciary is still valid, and to provide information on its implementation. The Committee also requests the Government to continue providing information on the measures taken or envisaged to promote effective cooperation of the inspection services with other Government services and institutions, public or private, engaged in similar activities.The Committee also requests the Government to provide information on the practical application of Title VII of the Labour Code, including specific violations detected and penalties imposed.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between inspection officials and employers and workers or their organizations. The Committee notes the Government's indication that the strengthening of inspection activities and institutional capacities is a recurrent theme in the dialogue processes that the Government is developing together with the most representative organizations of employers and workers. The Committee also notes that, under the tripartite dialogue process for the implementation of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), the Government indicates that the strengthening of labour inspection was identified as one of the key elements to address the matter of informality in the labour market. The Committee requests the Government to provide information on the measures taken or envisaged to promote collaboration between labour inspectors and employers and workers or their organizations. Given the lack of information on the National Technical Advisory Council on Labour Inspection and the Regional Technical Advisory Councils, established by Decree No. 28578-MTSS, adopting regulations on the organization and services of the labour inspectorate, the Committee also requests the Government to provide information on the current status and functioning of these Councils.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. In their observations, the CTRN, CMTC and CSJMP indicate that the National Labour Inspectorate (DNI) fails to coordinate with the Occupational Health Council (CSO) and to train labour inspectors, who lack in-depth knowledge on accident prevention, rendering inspection of occupational risks rudimentary. The Committee requests the Government to provide information on the specific training received by labour inspectors for the proper performance of their duties, including training on the specific risks in the agricultural sector.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of the labour inspectorate of industrial accidents and cases of occupational disease. As part of the implementation of a system for mapping occupational risks with a view to the planning and evaluation of labour inspections, the Committee notes the Government's indication that the National Insurance Institute (INS) has not provided the National Labour Inspectorate with the up-to-date annual data on industrial accidents and cases of occupational disease reported to occupational risk insurers. However, the Committee notes the Government's indication that the Occupational Health Council produces an annual report containing occupational health statistics based on information provided by the General Insurance Supervisory Board (SUGESE), which is freely available on the Occupational Health Council’s website. The Committee also notes the Government's indication that the limited availability of real-time information hinders the possibility of taking immediate action in the areas of prevention and inspection and that, to improve this situation, the Occupational Health Council's plan of action includes occupational health training and new regulations for labour inspectors. In this respect, the Committee notes the occupational health statistics contained in the Occupational Health Council's report, according to which 124,339 industrial accidents were reported in 2018, 126,683 in 2019, 108,040 in 2020 and 118,770 in 2021. It also notes that the number of deaths due to industrial accidents was 103 in 2017, 98 in 2018, 55 in 2019, 106 in 2020 and 193 in 2021. The Committee notes a substantial increase in fatal industrial accidents in 2021. The Committee also notes a rise in occupational diseases, with 2,272 diseases in 2020 and 5,142 in 2021, excluding those due to COVID-19. While the Committee welcomes the information provided in the reports of the Occupational Health Council, it requests the Government to indicate the measures taken to ensure that industrial accidents and cases of occupational disease are notified to the National Labour Inspectorate, as required by these Articles of the Conventions. The Committee also requests the Government to provide information on the reasons for the increase in deaths in industrial accidents and in occupational diseases.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Periodic reports and the preparation, publication and communication of an annual inspection report. The Committee notes the statistical yearbooks published on the website of the Ministry of Labour and Social Security, which contain a section on the National Labour Inspectorate and include information on the inspection services’ activities in agriculture. In particular, the Committee notes that these yearbooks include information on the number of inspection visits, employer and worker coverage, and occupational violations. It also notes the Occupational Health Council's reports, which contain information on industrial accidents, the number of deaths due to accidents and occupational diseases reported due to occupational risks. The Committee also notes the Government's indication that it addressed communication MTSS-DMT-OF-881-2018, dated 27 June 2018, to the National Director of Labour Inspection requesting an annual report to be prepared and published on the work of the inspection services under its supervision, including the information enumerated in clauses (a) to (g) of Article 21 of Convention No. 81 and in Article 27 of Convention No. 129. It also notes that the Government again indicates that the National Labour Inspectorate uses the Labour Information and Case Administration System (SILAC), through which labour inspectors prepare inspection reports and real-time statistics are generated to plan and evaluate the work of the inspection individually, by office, by region and at the national level. In this regard, the Government indicates that since the SILAC became operational, the regions no longer need to produce monthly reports, as the management department of the National Labour Inspectorate undertakes this task. While the Committee welcomes the information contained in the statistical yearbooks published by the Ministry of Labour and Social Security, it requests the Government to make every possible effort to ensure that the central inspection authority publishes a separate annual report on the work of the inspection services and forwards it to the ILO, containing all the information required under Article 21(a) to (g) of Convention No. 81 and Article 27 of Convention No. 129. The Committee also requests the Government to provide information on the publication of the annual report in accordance with Article 20(1) of Convention No. 81 and Article 26(1) of Convention No. 129.

Matters relating specifically to labour inspection in agriculture

Articles 6, 14, 15 and 21 of the Convention. Sufficient material means placed at the disposal of the inspectors. Carrying out inspection as often and as thoroughly as is necessary in the agricultural sector. The Committee notes that in their observations, the CTRN, CMTC, CSJMP, CGT and CUT express concern about (i) the working conditions on plantations in the pineapple and banana sectors; (ii) the health of workers in the pineapple industry and in the banana sector due to the use of chemicals; and (iii) the exploitation of migrant workers on plantations. Given this situation, the social partners indicate that the number of inspectors is insufficient to ensure efficient inspections in the growing regions. They also indicate that, in 2018, inspectors were still not provided with the necessary transport and safety equipment to carry out inspections on agricultural farms, exposing them to disease. In this respect, the Committee notes that, according to the Ministry of Labour and Social Security’s statistical yearbook of 2021, in the agriculture sector, 1,064 inspection visits were carried out in 2019, 379 in 2020 and 274 in 2021. The Committee requests the Government to indicate the measures taken to ensure that inspectors are equipped with the tools and accessories needed for the performance of their duties in the agricultural sector. The Committee also requests the Government to indicate the measures taken in order that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

B.Labour administration: Convention No. 150

Legislation. The Committee notes the Government's indication of the adoption of Act No. 9343 of 25 January 2016 on the Labour Procedures Reform, in force since July 2017. With the implementation of the Reform, the Committee notes the Government's indication that (i) the Ministry of Labour and Social Security has taken on new functions in relation to labour procedures and collective law contained in the Labour Code; (ii) 108 new positions have been created through a transparent process, promoting administrative careers within the Ministry of Labour and Social Security and opening up the opportunity to trained external staff; and (iii) the Labour Affairs Department has been restructured and eight regional alternative dispute resolution units have been opened in the main provincial capitals.

Application in practice. With regard to the pilot plan for strengthening the labour administration system, implemented in the province of Cartago, the Committee notes the Government's indication that there is still no information available on its implementation. The Committee once again requests the Government to provide information on the impact of the implementation of the pilot plan on local labour administration functions and to state whether any other pilot plans with similar objectives are planned in other provinces.

Article 5(1) of the Convention. Functioning of bipartite and tripartite bodies. The Committee notes the Government's indication that, in 2019, within the Higher Labour Council, the “Memorandum of Understanding for the implementation of the technical cooperation framework: decent work agenda for Costa Rica 2019-2023” was signed by the Government, employers' and workers' organizations, and the ILO Subregional Office for Central America, the Dominican Republic, Haiti and Panama. The agenda includes four priorities: (i) promoting compliance with and enforcement of international labour standards and national labour legislation; (ii) promoting employment, labour market, decent work, formalization and vocational training policies, removing barriers that prevent the integration of certain vulnerable groups into the labour market; (iii) extending and strengthening social protection for workers; and (iv) strengthening tripartite and bipartite social dialogue, the development of employers' and workers' organizations in the formulation and implementation of policies, programmes and strategies for social and labour development. The Committee also notes the Government's indication that, in the framework of the decent work agenda, the National Labour Inspectorate modified the working methodology for the purpose of effectively applying the principles derived from the concept of decent work, pursuant to official letter DNI-OF-75-2022 of 5 May 2022. In this regard, it indicates that the National Labour Inspectorate is focusing on thematic areas, including pay, freedom of association, populations vulnerable to discrimination, gender equality and occupational health, in order to better target its efforts. The Committee also notes the Government's indication that the new members of the Higher Labour Council have been appointed by Executive Decision MTSS-DMT-AUGR-4-2022 of 23 March 2022, and that the National Wage Council has newly appointed officials, pursuant to Executive Decree No. 43451-MTSS, Supplement No. 60 of Gazette No. 56 of 23 March 2022. The Committee requests the Government to provide information on the results of the implementation of the new decent work agenda (2019–23).

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Costa Rican Confederation of Democratic Workers (CCTD) of 2018 on the application of Convention No. 81, forwarded together with the Government's report, as well as the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) with the support of the International Organisation of Employers (IOE), received on 1 September 2018 on the application of Conventions Nos 81 and 129, and the Government's reply to these observations. The Committee also notes the observations of the UCCAEP of 2022 forwarded together with the Government's report on the application of Convention No. 81. The Committee also notes the joint observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers' Movement Central (CMTC) and the Juanito Mora Porras Trade Union Federation (CSJMP), received on 5 September 2018, on the application of Conventions Nos 81 and 129, and the Government's reply to these observations, as well as the joint observations of the CTRN, the CMTC, the General Confederation of Workers (CGT) and the Workers' Unitary Confederation (CUT), received on 31 August 2022, concerning Convention No. 129.

Legislation. The Committee notes the Bill on the strengthening of the General Labour Inspectorate (file No. 21.706). The Committee also notes that, in their observations, the CTRN, CMTC, CGT and CUT refer to the Bill and forward a legal report prepared by the Studies, References and Technical Services Department of the Legislative Assembly, which analyses the Bill. According to the report, the Bill proposes reforms to the Organic Law of the Ministry of Labour and Social Security (MTSS), the Labour Code and the Childhood and Adolescence Code, in order to provide the General Labour Inspectorate with sufficient powers to enforce labour legislation, order corrective measures and even impose administrative penalties. The Committee requests the Government to provide an indication of any progress made in the adoption of the Bill.The Committee also requests the Government to take the necessary measures to ensure that any new legislation on labour inspection is in full conformity with the provisions of the Conventions.The Committee reminds the Government that, if it deems it necessary, it may avail itself of the technical assistance of the Office within the framework of this legislative process.

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Duties of labour inspectors in the area of dispute resolution. The Committee notes the Government's indication that, with the implementation of the Labour Procedures Reform Act of 2017, significant changes were made to the structure and functions of certain departments of the Ministry of Labour and Social Security. In particular, the Government indicates that, with the adoption of Decree No. 41059-MTSS, published in Official Gazette No. 81 of 10 May 2018, a new organizational structure was established through which the Labour Relations Department of the Labour Affairs Department (DAL) has been subdivided into eight regional alternative dispute resolution units, which operate independently from the labour inspectorates in each region. The Government indicates that while conciliation activities used to be included among the duties of labour inspectors in regional offices, this practice no longer takes place. It also indicates that, while there are specific situations in the regional offices where inspectors assist in conciliation and administrative activities, inspection activities take priority. With the creation of this new structure, the Government also indicates that a recruitment and selection process was carried out to fill the 40 new positions for arbitrators, conciliators, notifiers, legal advisers and support staff. The Committee notes that, in order to implement the Labour Procedures Reform, Regulation No. 40875-MTSS-JP on the resolution of legal labour disputes was published, which grants the MTSS the competence to compile a list of arbitrators to attend arbitration proceedings, and the power to regulate the functioning of the alternative dispute resolution centres.

The Committee also notes that in their observations, the CTRN, CMTC, CGT and CUT indicate that inspectors perform other activities including conciliation and office work, making it inconceivable that labour and social rights could be protected. The Committee takes note of Decree No. 41059-MTSS of 2018 and requests the Government to ensure that in the application of this Decree, labour inspectors will not assume tasks that hinder the effective performance of their main functions or impair in any way the effective performance of the latter.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Adequacy of the number of labour inspectors and measures necessary for inspection. The Government indicates that, as a consequence of the implementation of the Labour Procedures Reform, the human resources and budget of the National Labour Inspectorate (DNI) have been strengthened, thus increasing its staff by 40 per cent and its budget by almost 20 per cent. The Committee also notes that, according to the observations of the CTRN, CMTC, CGT and CUT, the number of labour inspectors in 2021 was 115, compared with 98 in 2015. The Government also indicates that in December 2021 the Ministry of Labour and Social Security initiated an internal competitions process enabling dozens of interim workers to become permanent in their posts, including in the labour inspectorate. The Government indicates that, while the Labour Procedures Reform Act doubtless involved the strengthening of human resources at the National Labour Inspectorate, over the last two years, due to the national fiscal context and the policy of reining in public spending, certain positions that were vacant due to retirement or transfers were frozen and subsequently cut. Additionally, a significant number of persons have retired over the last two years. Measures have also been implemented in the regional offices to improve the performance of inspection activities, including improvements in infrastructure, such as inspection rooms and rooms for alternative dispute resolution, audio and video equipment, as well as protective equipment and special accessories for the field work carried out by inspection staff. The Committee notes the Government's indication that on 13 January 2017, the National Insurance Institute (INS) and MTSS signed a vehicle loan agreement, thereby facilitating logistical support for workplace inspections.

In this regard, the Committee notes the indication by the CTRN, CMTC and CSJMP that: (i) inspectors do not have the materials, working tools or transport facilities necessary for the performance of their inspection duties; (ii) the number of inspectors is still insufficient given the new duties taken on by the National Labour Inspectorate following the Labour Procedures Reform, including involvement in the processing, monitoring and protection of workers affected by acts of discrimination. They also indicate that, despite the fact that the Ministry of Labour and Social Security appointed 30 new inspectors since the entry into force of the Reform up to the beginning of September 2018, approximately the same number of inspectors retired. In light of the low number of inspectors, they indicate that it is materially impossible for them to monitor compliance in workplaces with regard to non-discrimination in wages between men and women, occupational safety and hygiene standards to prevent occupational accidents and diseases, and the payment of the minimum wage by employers, among other labour guarantees.

The Committee also notes that, according to the 2021 statistical yearbook of the Ministry of Labour and Social Security, the coverage rate of workers was 22.1 per cent in 2018, 30.1 per cent in 2019, 8.9 per cent in 2020, and 10.9 per cent in 2021.

The Committee notes that, in response to its previous comments concerning Convention No. 129 on the scheduling of inspection visits to undertakings with seasonal production, the Government indicates that the regional offices schedule inspections according to the harvesting and sowing season. The Committee requests the Government to take the necessary measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, including in the agricultural sector, and that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the provisions of these Conventions. The Committee also requests the Government to continue providing information on the number of inspections carried out, the number of employers and workers covered by inspections, and the material means placed at the disposal of labour inspectors for the discharge of their duties.

Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129. Free access of labour inspectors to workplaces. The Committee once again notes that the right to enter freely at night workplaces liable to inspection is restricted by section 89 of the Organic Act of the Ministry of Labour and Social Security to workplaces in which night work is carried out. The Committee recalls that in accordance with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee urges the Government to ensure that appropriate measures are taken without further delay to bring national legislation into conformity with the requirements of the Conventions in this regard, in order that labour inspectors are empowered to enter at night all workplaces liable to inspection, regardless of the working hours of those workplaces. The Committee requests the Government to keep the ILO informed of any progress made in this regard, including in the context of the Bill on strengthening the labour inspectorate.

Articles 12(2) and 15(c) of Convention No. 81 and Articles 16(3) and 20(c) of Convention No. 129. Notification of the inspector’s presence to the employer when carrying out an inspection and the principle of confidentiality. With regard to the notification of the labour inspector’s presence to the employer when carrying out a visit, the Committee notes the Government's indication that within the MTSS a committee led by the Deputy Minister for Labour is updating the Manual of Legal Procedures of the Labour Inspectorate (Directive DMT-014-2014). The Committee once again requests the Government to take the necessary measures to update the Manual of Legal Procedures of the Labour Inspectorate in accordance with Conventions Nos 81 and 129 and to give an indication of the progress made in this respect.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 5(a), 17 and 18 of the Convention. Cooperation between the labour inspection services and the judiciary. The Committee notes the indication in the Government’s report that during the meeting held in April 2015 between the Deputy Minister of Labour and Social Security and magistrates, it was agreed to provide for joint training with the School for the Judiciary for labour inspectors and the judiciary. It also notes that in August 2015 the Constitutional Chamber of the Court indicated that it would like to examine the constitutionality of Legislative Decree No. 9076 (the Decree to reform labour procedures). This, according to the Government, undermines the progress achieved in improving enforcement and punishment procedures for violations of labour legislation. The Committee requests the Government to provide information on the implementation of the joint training for inspectors and the judiciary and its impact on the effectiveness of enforcement and punishment procedures in the field of labour. It also requests the Government to provide information on any developments in the adoption of the reform of labour procedures, and on any other measures envisaged or adopted to improve the application of penalties for violations of labour legislation.

Article 5(b). Collaboration between inspection officials and employers and workers or their organizations. The Committee notes that, more than ten years after it noted the establishment in 2003 of the National Technical Advisory Council on Labour Inspection and the Regional Technical Advisory Councils, these bodies have not yet become operational. The Committee requests the Government to provide information on any measures adopted to promote collaboration between labour inspectors and employers and workers or their organizations.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. In its previous comments, the Committee noted that the Plan of Action (June 2012 – September 2013) for the strengthening of the labour inspectorate in the context of ILO technical assistance included the establishment of a system for the mapping of occupational risks with a view to the planning and evaluation of labour inspection; the provision to the Ministry of Labour and Social Security (MTSS) of updated annual data on industrial accidents and cases of occupational disease notified to occupational risk insurance schemes; and the conclusion of an agreement with the General Insurance Supervisory Board (SUGESE) for insurance funds to notify industrial accidents, among other things, to the MTSS. The Committee requested the Government to provide information on the progress achieved in the establishment of this system and the availability to the MTSS of the data referred to above. The Committee notes that the Government has not replied to its request for information in relation to Article 14. However, it notes the information on the employment injuries registered annually between 2009 and 2014, and the number of work-related deaths registered, which is contained in the Government’s report. The Committee requests the Government to take the necessary measures to establish in the national legislation in which cases and in what manner industrial accidents and cases of occupational disease shall be notified to the labour inspectorate, in accordance with this Article of the Convention.

Articles 19, 20 and 21. Periodic reports and the preparation, publication and communication of an annual inspection report. In its previous comments, after noting that one of the recommendations made during the 2012 evaluation was the updating of the Labour Information and Case Administration System (SILAC), the Committee expressed the hope that ILO technical assistance would facilitate the adoption of measures to enable local inspection offices to prepare the periodic reports envisaged in Article 19, and that these reports would enable the central inspection authority to prepare an annual report, in accordance with Articles 20 and 21 of the Convention. The Government indicates that the periodic reports prepared by labour inspectors can be found in the SILAC. The Committee notes the statistical tables contained in the Government’s report (based on the data registered by inspectors in SILAC) on the number of inspections made between 2010 and 2014 and the number of employers registered with the Costa Rica Social Security Fund (CCSS) over the same period, the number of initial inspections carried out in 2014 by region and branch. The Committee reminds the Government that such information, as well as data on the other matters covered by Article 21, have to be published in the form of an annual report, a copy of which has to be provided to the ILO. The Committee therefore requests the Government to take the necessary measures to ensure that the central inspection authority publishes an annual report containing information on the matters enumerated in clauses (a) to (g) of Article 21 and for the transmission of the report to the Office within the time-limits set out in Article 20. It also requests the Government to provide copies of the most recent periodic reports submitted by regional offices in accordance with Article 19.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 2 September 2015. The Committee requests the Government to provide its comments in this regard.

The Committee also notes the Government’s reply to the previous observations of the CTRN, dated 30 August 2012.

Articles 3, 10, 11 and 16 of the Convention. Need to remove conciliation from the functions of labour inspectors so that they can discharge the duties prescribed by the Convention, and adequacy of the number of labour inspectors and means of transport for the needs of the inspection services. The Committee recalls the recommendation in the 2012 needs assessment of the ILO concerning the availability of a database to which the inspection services have access containing useful data, such as workplaces liable to inspection. In its 2012 observations, the CTRN alleged that the number of labour inspectors is insufficient in view of the increasing volume of work, that the great majority of inspectors in provincial and cantonal inspection services dedicate at least 40 per cent of their working time to cases related to conciliation and that inspectors perform work of an administrative nature in view of the lack of personnel to carry out such work. The CTRN also alleged that there were infrequent inspections, a shortage of means of transport and inadequate office equipment for the use of inspectors.

In reply, the Government indicates that the country has a system of inspection that is in conformity with the provisions of the Convention. There has been an increase in inspections following the separation of inspection and conciliation into different offices. The Government also refers to the activities carried out in the framework of the Plan of Priority Action to Strengthen Labour Inspection in relation to the administration of the Labour Information and Case Administration System (SILAC). It also notes that in the 2013 Plan of Action priority has been given to improving the SILAC with a view to ensuring that the information they contain is as comprehensive as possible, and to the development of an application to import data from databases of workplaces that are available in other institutions.

With regard to changes in the number of labour inspectors, the Committee notes the Government’s indication that, as a result of the adoption of Directive No. 023-H-2015 on the freezing of staffing levels, the Ministry of Labour and Social Security (MTSS) issued a circular indicating that vacancies in the Ministry arising due to retirement or other reasons have to be filled through internal competitions with a view to maintaining the number of officials in the Ministry. The Committee notes that in 2014 there were 100 inspectors in six regional departments, and that there were 98 in 2015 in the same number of regional departments. It also notes that a total of 13,435 initial inspections were carried out in 2014 for a total of 80,691 employers.

Emphasizing that, in the absence of data on workplaces liable to inspection and the workers engaged therein, it is impossible to assess the adequacy of the numbers of labour inspectors in relation to inspection needs, the Committee refers the Government to its 2009 general observation and requests it to take the necessary measures to promote and develop cooperation with other government bodies and public or private institutions (tax services, chambers of commerce, social security bodies, etc.) in possession of relevant data with a view to the establishment and regular updating of a register of workplaces liable to inspection. The Committee also requests the Government to take the necessary measures to remove the function of mediation from labour inspectors and as far as possible relieve them from other duties of a purely administrative nature so that they can devote themselves to the discharge of their inspection duties and the provision of information and advice, as set out in the Convention.

Article 12(1)(a) and (b). Right of free access of inspectors to workplaces. For many years, the Committee has emphasized the need for the national legislation, and particularly section 89 of the Basic Act on the Ministry of Labour, to be brought into conformity with Article 12(1)(a) of the Convention. The Committee notes from the information provided by the Government that no measures have been adopted in this regard. The Committee encourages the Government to take the necessary measures to amend the legislation in the near future so that labour inspectors are authorized to enter freely and without notice, at any hour of the day or night, any workplace liable to inspection, even if work is not carried on by night, and requests it to provide information on any developments in this regard.

Articles 12(2) and 15(c). Notification to the employer of the presence of the inspector when carrying out an inspection and the principle of confidentiality. In its previous comments, the Committee recalled that since 2004 it has been requesting the Government to adopt the necessary measures to ensure that the legislation authorizes inspectors to refrain from notifying their presence to the employer or to his or her representative during an inspection where they consider that such notification may be prejudicial to the discharge of their duties. The Government indicates that there have been no changes in this regard in the Handbook of Legal Procedures of the Labour Inspectorate. The Committee hopes that the Government will ensure that the legislation is supplemented with a provision in this respect and requests it to provide copies of any relevant texts. Also reiterating that, in the cases of inspections based on a complaint or denunciation, the fact that the inspector indicates the scope and objectives of the inspection at the outset, as indicated in the Handbook of Procedures referred to above, is an obstacle to the principle of confidentiality set out in Article 15(c) of the Convention, the Committee once again requests the Government to take the necessary measures to amend the Handbook of Procedures to take these observations into account.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

With reference to its observation, the Committee also wishes to raise the following points.

Articles 3(1)(a) and (2) and 5(a) of the Convention. Labour inspection, economic crisis and collaboration of inspection services with the social partners. With reference to its previous comments, the Committee notes the Government’s indication that the Bill concerning the protection of employment in times of crisis is dormant in the Economic Issues Committee of the Legislative Assembly since, to date, it has not been examined or discussed. According to the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), the abovementioned Bill does not constitute a repeal of the Labour Code in force or represent any deterioration in workers’ rights, and it has been shelved by the Legislative Assembly. The Committee requests the Government to keep the ILO informed of any developments in the process of examination and adoption of the abovementioned Bill.

As regards the National Advisory Council, the Government declares that, despite the efforts of the National Directorate for Labour Inspection, it has still not been established owing to lack of participation by the employers and workers, and it will send any relevant information once it becomes operational. The Committee hopes that the Government will soon be in a position to report that the National Advisory Council has been established and is operational.

Articles 5(a), 17 and 18. Cooperation between the labour inspection services and the judiciary. With reference to its previous comments, the Committee notes that steps have been taken with the judiciary to arrange training for labour inspectors but it has not been possible to implement this owing to the budget cuts affecting the judiciary. It also notes that the draft reform of labour law procedures, including with regard to the imposition of administrative fines by the labour inspectorate, was still before the Legislative Assembly at the end of May 2012. The Committee requests the Government to keep the Office informed of any steps taken to strengthen the cooperation between the labour inspection services and the judiciary. It also requests the Government to provide information on any progress made regarding the adoption of the abovementioned reform, and on any other measures taken to improve mechanisms to combat and penalize infringements of the labour legislation, in accordance with Articles 17 and 18 of the Convention.

Articles 13 and 14. Preventive functions of labour inspection. The Committee again requests the Government to indicate the legal provisions in force which give effect to these Articles of the Convention, according to which labour inspectors should be empowered to order measures for the elimination of defects within a specified time limit or immediately enforceable measures in the event of imminent danger to the health or safety of the workers.

The Committee notes with interest that the Plan of Action (June 2012–September 2013) for the strengthening of the labour inspectorate in the context of technical assistance from the ILO includes the establishment of a system for mapping occupational risks with a view to the planning and evaluation of labour inspections; the provision to the Ministry of Labour of up-to-date annual information on accidents and cases of occupational disease reported to occupational risk insurers; and the signing of an agreement with the Insurance Supervisory Board (SUGESE) so that, among other things, insurance funds notify industrial accidents to the Ministry of Labour and Social Security. The Committee requests the Government to supply information on the progress made on the implementation of such measures, and to take steps to ensure that industrial accidents and cases of occupational disease are also notified to the labour inspection services so that they can effectively discharge their preventive duties.

Labour inspection and child labour. The Committee requests the Government to supply statistical information in its next report on inspections performed in relation to child labour in industrial and commercial workplaces liable to inspection in each region, on the infringements reported, with an indication of the legal provisions concerned, the penalties imposed and the number of young persons affected.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations from the Confederation of Workers Rerum Novarum (CTRN), dated 31 August 2011 and 30 August 2012, concerning the following issues: (i) the insufficient number of labour inspectors in relation to their increased workload; (ii) the allocation of a significant proportion of inspectors’ hours of work to conciliation; (iii) the performance of administrative tasks by labour inspectors owing to the lack of clerical staff; (iv) the infrequent nature of inspections; and (v) the inadequacy of transport facilities, travel allowances and office equipment. The Committee also notes the Government’s reply of 2 January 2012 to the earlier observations referred to above and its communication of 22 November 2012 indicating that consultations are being held with the competent authorities in order to prepare a reply to the later observations from the CTRN. Lastly, the Committee notes the observations from the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), which were sent by the Government on 12 April 2012.

Articles 3, 10, 11, 16 and 21(c) of the Convention. Provision of adequate human resources and material and logistical means to enable the labour inspectorate to discharge its duties effectively. The Committee previously asked the Government to provide information on the number of industrial and commercial workplaces liable to inspection, together with their geographical distribution; the number and category of workers employed therein; the number of vehicles available for labour inspectors or the transport facilities that they may use in the course of duty; and any other information relevant to evaluation by the competent authority of the needs of the labour inspectorate in terms of human resources, material means and transport facilities. The Government indicates that, since September 2011, the National Directorate for Labour Inspection has access to information on workers registered in the centralized payment collection system of the Costa Rican Social Security Fund, and this facilitates the planning of workplace inspections. It also states that a total of 19 vehicles are at the disposal of labour inspectors for the performance of their duties, distributed as follows: five for the central region; three for the Huétar Norte region; and two each for the regions of Chorotega, Brunca, Pacífico Central and Huétar Atlántica, with inspectors also making use of public transport for their duty travel.

The Committee notes with interest that an assessment of the needs of the labour inspectorate was carried out with ILO technical assistance in response to a request from the Government in April 2012. It notes that the recommendations made as part of this assessment include establishing a database or adapting any existing database to which the labour inspectorate has access so that it contains data relevant to the labour inspectorate, such as data on workplaces liable to inspection. The Committee reminds the Government that the registration of workplaces liable to inspection, and the identification of activities carried out there and of the categories of workers employed therein, are key elements in determining labour inspection needs and priorities for action with a view to improving coverage. The Committee therefore requests the Government to indicate to what extent it intends complying with the recommendations regarding this field contained in the assessment and to state what measures have been taken or are envisaged in this respect.

The Government also states that, with a view to maintaining the operational capacity of the labour inspectorate, which is one of the goals of the Plan of Action (June 2012–September 2013) for the strengthening of the labour inspectorate in the context of technical assistance from the ILO, and in view of the impending retirement of a large number of labour inspectors and the austerity policy being implemented by the Government, it plans to take the necessary steps with regard to the budgetary authorities to ensure that the inspector posts that become vacant are not frozen and are filled, so as to maintain a total of 100 inspectors in active service. The Committee requests the Government to provide information on any changes in the number of labour inspection staff.

Articles 5(a), 19, 20 and 21. Periodic reports and cooperation necessary for the publication of an annual report on the work of the labour inspectorate. The Committee noted that the “Cumple y Gana” project was revived at the end of 2008, so as to continue the collaboration on reinforcement of the labour inspectorate of the various countries of Central America, and was due to be completed in September 2012. Noting that no information has been sent on this subject, the Committee again requests the Government to send information on the results of the “Cumple y Gana” project and on the pilot experiment conducted in the construction sector and its impact in terms of compliance with the labour regulations.

The Committee notes that, according to the information contained in the abovementioned assessment of the needs of the labour inspectorate, the labour information and case administration system (SILAC) has been providing nationwide coverage since 2012 and can be used as a statistical, information and monitoring tool with regard to the work of the labour inspectorate at national level. It also notes that the recommendations in this assessment include the updating of SILAC, incorporating the administrative register of the National Directorate for Labour Inspection, so that, in addition to acting as an electronic register of inspection files, it can also be used to produce labour statistics. The Committee expresses the hope that technical assistance from the ILO will facilitate the adoption by the Government of the necessary measures to enable local inspection offices to prepare periodic reports on the results of their work, as required by Article 19 of the Convention, and that these reports will enable the central inspection authority to prepare an annual report in accordance with Articles 20 and 21. It requests the Government to send information on any progress made in this respect. The Committee refers in this regard to the guidance contained in Part IV of Recommendation No. 81, regarding the form in which the information required by Article 21 of the Convention may be presented.

Article 12(1)(a) and (b). Free access of labour inspectors to workplaces. The Committee notes that no measures appear to be provided for under the Plan of Action for strengthening the labour inspectorate to comply with the Committee’s frequently repeated requests regarding the bringing of the national legislation into conformity with the Convention, so that labour inspectors are authorized to enter at night all workplaces liable to inspection, regardless of the working hours of those workplaces. The Committee therefore again requests the Government to ensure that measures are taken to bring the legislation into conformity with the relevant provisions of the Convention, to supply information on any progress made in this regard and to send copies of any relevant legal texts, once they have been adopted.

Articles 12(2) and 15(c). Notification of the inspector’s presence when carrying out an inspection and the principle of confidentiality. In reply to the request which has been repeated since 2004 to take the necessary steps to grant labour inspectors the right to refrain from notifying their presence to the employer or his or her representative at the beginning of the inspection, when they consider that such notification may be prejudicial to the performance of their duties, the Government indicates that labour inspectors are governed by the provisions of Conventions Nos 81 and 129. The Committee urges the Government to take measures to ensure that the legislation authorizes labour inspectors to refrain from notifying their presence to the employer or his or her representative during an inspection, when they consider that such notification may be prejudicial to the performance of their duties. It requests the Government to provide information on any progress made in this respect and to send copies of any relevant legislative texts.

With regard also to the need to take the necessary measures to amend the handbook of labour inspection procedures to incorporate the obligation of confidentiality with regard to complaints as provided for in Article 15(c) of the Convention, the Committee notes the Government’s reference to plans to amend the handbook in 2012 and its hope that it will therefore be in a position to report in the near future that progress has been made in this respect. The Committee requests the Government to provide information on this matter in its next report.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 13 of the Convention. Preventive function of the labour inspectorate. The Committee would be grateful if the Government would indicate the legal provisions in force, implementing this Article of the Convention, with regard to the powers of labours inspectors to make or to have made orders requiring modifications to be carried out within a specified time limit and measures with immediate executory force in the event of imminent danger to the health or safety of workers.

Articles 5(a), 19, 20 and 21. Periodic reports and necessary cooperation for the publication of an annual report on labour inspection. The Committee notes that the Inter-Institutional Cooperation Programme combines efforts of institutions such as the National Directorate of the Inspectorate, the Occupational Health Council, the National Insurance Institute (INS) and the Costa Rican Social Security Fund (CCSS). The Committee also notes that the pilot plan in the construction sector has had positive results concerning sector coverage and the facilitation of the inspectors’ work. Furthermore, the Government indicates that the “Cumple y Gana” Project, resumed at the end of 2008 to continue its collaboration with a view to strengthening the strengthening of the labour inspectorates of various Central American countries and the following have been achieved: is expected to end in September 2012. Within that project’s framework, the implementation of an electronic system of cases (SEC), the elaboration of the strategic plan and of the strategic communication plan of the National Directorate of Inspection; the improvement of the Handbook of Procedures of the Labour Inspection and the preparation of operation protocols. The Committee would be grateful if the Government would facilitate information on the results of the “Cumple y Gana” project as well as the pilot plan in the construction sector and its impact on the respect of labour legislation and to indicate whether it has envisaged conducting such experiences in other economic sectors of activity.

The Committee notes that, the statistics on inspection activities are presented in relation to the programmed activities and that, monthly reports and inspection forms are the source of such data. The Committee requests the Government to provide a copy of periodic reports serving as a source of that information, and specific information on the manner in which the programmed objectives of the inspection services are determined.

Labour and child labour inspection. The Committee notes the information provided in the Government’s report regarding the institutional protocol and the intra-institutional protocol, the implementation of the National Action Plan for the Prevention and Eradication of Child Labour and Special Protection of Adolescent Workers, the Plan’s follow-up system, as well as the indication on the number and percentage of cases heard by the regional offices in 2009. The Committee would like to refer the Government to its 2010 comments made under Article 5 of the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee requests the Government to provide in its next report data on the inspection visits performed, related to child labour, in industrial and commercial undertakings liable to inspection by regional office, the infringements found while indicating the legal provision to which they refer, the sanctions imposed and the number of children affected.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments of the Confederation of Workers Rerum Novarum (CTRN), dated 22 August 2010, as well as the Government’s reply dated 30 March 2011. The Committee also notes the new comments of the CTRN, dated 31 August 2011 which were transmitted to the Government on 22 September 2011. The Committee requests the Government to communicate any information or comment that it may deem appropriate in that regard so as to enable the Committee to examine these comments at the next session.

Articles 3(1)(a) and (2) and 5(a) of the Convention. Labour inspection, economic crisis and collaboration of inspection services with the social partners. In its 2009 observation, the Committee had noted the comments of the CTRN and the Labour Union of the National Bank of Costa Rica (SEBANA), denouncing the incompatibility of a Bill “for the protection of employment in times of crisis”, that had been supported by the Government and entrepreneurs, with the Decent Work Country Programme, since it had been drafted without any consultation with the social partners, in particular with regard to the right of employers to reduce workers’ wages. Moreover, the Committee had noted with concern that, pursuant to Directive No. 004-009, a labour inspector would be designated in order to verify whether, upon the employer’s request, there was a necessity to reduce working days or wages or adopt any other measure affecting workers’ rights during a period of up to six months, as well as whether the request was supported by all the workers, and to submit a report to the regional chief, who would transmit it to the National Directorate of the Labour Inspectorate, so that a decision could be taken in accordance with the law and the directives issued for that purpose by the higher administration of the ministry.

The Committee notes that, by the end of January 2011, the Bill “for the protection of employment in times of crisis” was before the Economic Affairs Commission of the Legislative Assembly and had not been submitted before the Plenary for its discussion nor convoked for analysis, nor subjected to a consultation with the social partners. Furthermore, the Committee notes with interest that Directive No. 007-09 issued by the National Directorate and the Chief Legal Adviser of the General Labour Inspectorate suspends Directive No. 004-09 of 24 March 2009 until a legal framework permitting, supporting and sustaining eventual changes in working time, reduction of wages or of any other entitlement is in place. The Committee requests the Government to provide information on any developments regarding the adoption process of the Bill “for the protection of employment in times of crisis” and, in particular, on the role of inspection within that framework.

The Committee notes that, according to the Government, the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) and the trade union confederations have been requested to forward a list of possible candidates for the National Advisory Council in order to bring it into operation as a tripartite body on labour inspection. The Committee also notes that, in order to bring the Council into operation, the Management Unit of the National Directorate of the Labour Inspectorate included within the objectives of the Institutional Plan of Operations for 2010 the fostering of instances of participation and social dialogue to improve compliance with the labour legislation. Recalling that the issue of the composition of the National Advisory Council has been addressed in its comments since 2004, the Committee hopes that the Government will soon be able to give an account in its next report of the composition of the Council and the commencement of its work and requests the Government to keep the ILO informed of any progress in this regard.

Articles 3(2), 10, 11, 16 and 21(c). The CTRN alleges that, in addition to the fact that the inspectors’ volume of work has increased due to the increase in the number of workers, the amount and complexity of the legislation whose application they have to supervise since the implementation of the transfer of competencies from the inspectorate to the regional offices (established by the Plan of Transformation and by Regulation No. 28578). Moreover according to the CTRN, a greater volume of administrative work has been generated, which has been undertaken by the labour inspectors, due to the fact that regional offices lack clerks and bailiffs. The Union mentions an assessment made by the National Directorate of the Labour Inspectorate in March 2006 where it was stated that one of the obstacles to the inspection work was the fact that the transfer of competencies towards regional offices was not accompanied by the transfer of the necessary resources, in the manner foreseen, and reiterated that inspectors devoted a great part of their working day to conciliation. Owing to that situation, inspection visits were not performed with the required regularity and their number had suffered a steady decrease since 2004. The CTRN also highlights that this 2006 assessment mentioned the scarcity and restrictions to the use of regional offices’ vehicles, the inadequacy of the travel budget, the difficulties in obtaining travel allowances, as well as other shortages.

The Committee notes that according to the Government’s report, as of April 2011, the total number of labour inspectors was 102, approximately half of whom were assigned positions at the Central Regional Office which groups the provinces of San José, Cartago, Heredia and the cantons of Puriscal and Los Santos. The Committee notes that the efforts made by the Ministry of Labour and Social Security between 2008 and 2010 to staff regional offices, particularly with more inspectors, have not been successful, owing to the implementation of austerity policies and the reduction of the state budget in the wake of the international financial crisis. The Government outlined the steps taken vis-à-vis the Ministry of Finance for the creation of 15 additional posts for support staff to assist labour inspectors and conciliators, and refers to the need to hire at least 27 more inspectors in order to be able to meet the needs of the regional offices.

The Government also indicates that: (i) the Ministry of Labour and Social Security endeavours to ensure that labour inspectors devote as much time as possible to their duties to ensure good coverage; (ii) with the support of phase III of the “Cumple y Gana” Project, it has been possible to equip all the inspectors with computers; (iii) the relocation of the office is in process; and (iv) the acquisition of six vehicles has been planned for the transportation of inspectors.

The Committee would be grateful if the Government would provide in its next report information on the number of industrial and commercial workplaces liable to inspection, together with their geographical distribution; the number and category of workers employed in such undertakings (men, women, and young people); the number of vehicles available for labour inspectors or the transport facilities that they may benefit from in the course of duty, together with their geographical distribution; as well as any other useful information for the evaluation, by the competent authority, of the needs of the labour inspection in regard to human resources (inspectors and administrative staff), material means, means or facilities of transport.

Noting with interest that the Government has requested ILO technical assistance with a view to carrying out an evaluation of the labour inspection system to be followed by a plan of action, the Committee requests the Government to keep the ILO informed of all progress made in this respect.

Articles 5(a), 17 and 18. Cooperation between labour inspection services and the judicial system. The Committee notes with interest the information that, in the course of the year 2010, the Advisory Unit of the National Directorate of the Labour Inspectorate sent an official communication to the judicial authorities, to coordinate actions in the labour sphere. The modalities for cooperation through the judicial school are being explored. Similarly, joint activities have been projected for the analysis of labour issues by the Supreme Court of Justice and the Ministry of Labour and Social Security. Furthermore, the Government indicates that, in order to accelerate the administration of justice, a Bill on the reform of the labour procedure had been introduced before the Legislative Assembly.

The Committee would be grateful if the Government would keep the Office informed of the progress made towards strengthening the cooperation between the labour inspection and the justice system in particular with a view to accelerating the administration of labour justice. The Committee also requests the Government to provide information on any measure adopted to improve enforcement and sanction mechanisms for labour law infringements in accordance with Articles 17 and 18 of the Convention.

Article 12(1)(a) and (b). Right of inspectors to freely enter workplaces. The Committee notes that the Government transmits part of Directive No. 23 2008, by the Ministry of Labour and Social Security of 31 July 2008, which contains the new Handbook of Procedures of the Labour Inspection. It notes that the latter does not provide a response to the comments made since 2003 with regard to the scope of the right of inspectors to enter workplaces covered by the Convention. Consequently, and noting that labour inspectors are authorized under section 24(i) of Decree No. 28578 of 3 February 2000 (Regulation on the Organization and Services of the Labour Inspectorate) to visit workplaces during the daytime and night-time, while the right to enter freely at night workplaces liable to inspection is limited by section 89 of the Organic Act of the Ministry of Labour and Social Security to workplaces in which night work is carried out, the Committee urges the Government to take the appropriate measures without further delay in order to bring its national legislation into conformity with the requirements of the Convention in that regard, so that labour inspectors are authorized to enter during the night into all workplaces liable to inspection, regardless of their working hours. The Committee requests the Government to keep the ILO informed of all developments in this regard.

Articles 12(2) and 15(c). Notification of the inspector’s presence when carrying out an inspection and efficiency of supervision and principle of confidentiality. The Committee emphasizes since 2004, the need to set out in the legislation the right of labour inspectors to refrain from informing the employer or his representative of their presence where they consider that such notification may be prejudicial to the effectiveness of the inspections. The Government indicates that it acts in conformity with the Handbook of Procedures of the Labour Inspection, which specifies that, whenever possible, the inspection will be initiated with an interview of the employer or his or her representative in order to indicate its scope, objectives and possible consequences. The Committee draws the Government’s attention to the fact that indicating the objectives of the visit when it originated in a complaint or a denunciation constitutes an obstacle to the principle of confidentiality enshrined in Article 15(c). The Committee requests the Government to endeavour to take the appropriate measures without further delay in order to grant inspectors the right to abstain from notifying their presence to the employer or his or her representative at the beginning of the inspection visit, when they consider that such notification may be prejudicial to the performance of their duties. Furthermore, the Committee requests the Government to take the appropriate measures for the modification of the Handbook of Procedures of the Labour Inspection in accordance with the principle of confidentiality of complaints provided for in Article 15(c) of the Convention.

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government was requested by the ILO to send copies of the comments by the Central of the Movement of Costarican Workers (CMTC), the Central General de Trabajadores (CGT) and the Central Social Juanito Mora Porras, which it indicated as enclosed to its report. It notes that in September 2010, the Government communicated additional information to its report as well as other documents, but not the abovementioned organizations’ comments.

The Committee equally notes the communication by the Rerum Novarum Workers’ Confederation (CTRN) to the ILO of comments on the application of the Convention. The ILO transmitted the latter to the Government on 17 September 2010.

The Government is requested to communicate, without delay, the trade unions’ observations referred to in its report to allow their examination together with the Government’s report and the CTRN comments, as well as any comments the Government might wish to submit on the points raised in these observations.

[The Government is asked to reply in detail to the present comments in 2011.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

With reference to its observation, the Committee requests the Government to provide further information on the following points.

Article 3, paragraph 1, of the Convention. Improvement of the quality of labour inspection activities. Noting with interest the adoption of a new Manual of Procedures for Labour Inspection, the Committee would be grateful if the Government would provide information on its impact in terms of improving the quality of labour inspection activities. The Committee also requests the Government to keep the ILO informed of the results of the implementation of the regional project “Comply and Win 3” launched in October 2008, the aim of which is to reinforce the institutional capacity of Ministries of Labour in the countries of the region so as to make their labour inspection activities more effective.

Article 11, paragraph 1(a). Conditions of work of labour inspectors. According to the Confederation of Workers Rerum Novarum (CTRN), some labour inspection offices do not even comply with the minimum requirements of occupational safety, as most of them are overcrowded and lack ventilation. The workers’ organization also deplores the lack of adequate furniture, computers, printers and other basic supplies. In this regard, the Government merely provides information on the budget requested for 2007, without indicating whether the requested funds were allocated in full to the National Directorate of the Labour Inspectorate and whether the budget is sufficient to cover the basic needs of labour inspection offices. The Committee would be grateful if the Government would indicate the priority needs of the National Directorate of the Labour Inspectorate and any measures taken or envisaged to address the alleged scarcity of resources.

Articles 11, paragraph 1(b), and 16. Transport facilities to carry out inspection visits. According to the CTRN, labour inspectors waste much of the working day travelling to and returning from workplaces that are liable to inspection because of their dependence on public transport. Moreover, the CTRN contests the information provided by the Government in 2006 that two of the five cars cquired by the Ministry of Labour were placed at the permanent disposal of the Labour Inspectorate. Referring to paragraphs 249–255 of the General Survey of 2006 on labour inspection, the Committee would be grateful if the Government would take the necessary measures to ensure that labour inspectors have access to suitable transport facilities and keep the ILO duly informed.

Labour inspection and child labour. The Committee notes with interest Regulation No. 34423-MTSS of 2 February 2008 issuing the protocol of inter-institutional coordination for the treatment of under age workers. The Committee would be grateful if the Government would provide the ILO with information on the impact of this Regulation in practice, the cases reported and the action taken to reduce the use and abuse of child labour.

Articles 5(a), 20 and 21. Cooperation required for the publication of an annual labour inspection report. The Committee notes the reference by the Government to a Programme of Institutional Coordination established in early 2007 aimed at uniting the efforts of various institutions to improve the effectiveness of their labour inspection activities: a Pilot Plan initiated in the construction sector in October 2007, and an Automated Labour Inspection and Management System (SAIL) to be launched in all 29 labour inspection offices in April 2009. The Committee would be grateful if the Government would provide more information on the above Programme and Pilot Plan. It requests it to make every effort to ensure that an annual report on labour inspection containing information on the matters listed in Article 21 of the Convention is published and communicated to the ILO in the very near future.

Article 5(b). Collaboration between labour inspection services and social partners. The Committee notes with regret that so far advisory councils have not been convened sufficiently regularly to strengthen tripartite consultancy machinery and that the draft amendment to Decree No. 28578-MTSS of 3 February 2000 on the organization of the labour inspectorate has not been enacted. However, the Committee observes that a proposal has been made to pay per diems to employers’ and workers’ representatives to facilitate their attendance at the meetings. The proposal is awaiting approval by the appropriate authorities. The Committee urges the Government to take the necessary measures to give effect to this provision of the Convention in practice and to keep the ILO informed of the progress achieved.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s 2008 report, which was received too late to be examined at its previous session. It also notes the comments made by the Confederation of Workers Rerum Novarum (CTRN) and the Labour Union of the National Bank of Costa Rica (SEBANA) dated 25 May 2009, on the application of the Convention, which were forwarded by the ILO to the Government on 30 July 2009. The Committee recalls that its 2006 observation referred to previous comments made by the CTRN and the Union of Employees of the Ministry of Labour and Social Security (AFUMITRA) and that, after noting the information provided in reply by the Government, the Committee asked it to supply further information relating to certain provisions of the Convention.

Article 3, paragraphs 1(a) and 2,  of the Convention. Labour inspection in the context of the economic and financial crisis. In their comments received in May 2009, the CTRN and SEBANA refer to a Bill supported by the Government and Costa Rican entrepreneurs for the protection of employment in times of crisis, which they consider to be “irreconcilable” with the Decent Work Programme and the ILO’s 1998 Declaration on Fundamental Principles and Rights at Work. They qualify it as unilateral and unacceptable, as it was drafted without any consultation with the social partners, particularly with regard to the right of employers to reduce the wages of workers.

Furthermore, the National Directorate of the General Labour Inspectorate issued Directive No. 004-009 on 4 March 2009, the text of which was supplied by the CTRN and SEBANA, by virtue of which employers may accumulate and/or reduce working days, reduce wages or take any other measures affecting workers’ rights for a period of up to six months. The workers’ organizations consider this Directive to be in violation of the Convention, as well as of article 56 of the national Constitution and section 88 of the Framework Act of the Ministry of Labour and Social Security. They add that Directive No. 004-009 violates not only the fundamental principles, guarantees and rights of workers established in the Constitution, such as the right to work and dignity, the right to a minimum wage and the protection of wages, but also the inalienable rights of workers set out in law, as well as Article 2 of the Convention, under which the system of labour inspection in industrial workplaces shall apply to all workplaces in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors. In the view of the CTRN and SEBANA, the Directive implies that the labour inspectorate is relinquishing the powers conferred upon it by the Constitution as a public authority. The Committee notes that, under the terms of section 4 of the Directive, where an application is received from an employer to obtain authorization to accumulate or reduce a working day, modify the wages of workers or take other measures deemed necessary to minimize the effects of the crisis, a labour inspector shall be designated to ascertain whether the request is supported by all the workers, examine the documentation and other matters relating to the financial situation of the enterprise and any other element that may serve to ascertain the facts. The labour inspector then has to submit a report to the regional chief, who transmits it to the National Directorate of the Labour Inspectorate, so that a decision can be taken in accordance with the law and the directives issued for that purpose by the Higher Administration of the Ministry.

The Committee notes with concern that the provisions of Directive
No. 004-009 are contrary to the objectives of the Convention, which are to ensure the enforcement of the legislation relating to the conditions of work and the protection of workers while engaged in their work. The measures allowed by the Directive appear to be part of a strategy intended to help diminish the risk of unemployment in the context of the current global financial crisis. However, the Committee observes that these measures do not appear to have been negotiated with the social partners, and particularly with the representative organizations of workers, even though the workers are the ones whose rights are the most directly and immediately threatened. It also notes that one of the criteria to be taken into account in the treatment of the request submitted by employers in the context of Directive No. 004-009, namely whether or not the measures requested are supported by all workers, is not clear as to its impact on the decision to be taken.

Noting that the Government has not replied to the allegations made in May 2009 by the CTRN and SEBANA, the Committee urges the Government to keep the ILO informed of the procedure relating to the draft Bill for the protection of employment in times of crisis which is criticized by the CTRN and SEBANA, to indicate in particular whether employers’ and workers’ organizations were consulted in the process of its formulation, and to clarify how the implementation of the respective provisions is intended to help attain the outcome expected by the Government and the employers. Referring to its previous observation under Article 5, in which it noted the allegations of the CTRN and AFUMITRA concerning the lack of interest of the public authorities in collaboration with the social partners, the Committee would be grateful if the Government would also indicate whether the National Advisory Council was called upon to examine the measures to reduce the effects of the global financial crisis. If so, it requests the Government to indicate the views expressed by the members of the National Advisory Council.

Article 10. Criteria for the determination of the number of labour inspectors. With regard to the size of the inspection staff, according to the communication of the CTRN of 12 September 2008, the number of inspectors continued to fall, reaching 90 in 2008 compared to 105 in 1997, which the CTRN considers to be insufficient in light of their very broad and diverse workload. Moreover, the CTRN indicates that 75 per cent of labour inspectors spend 40 per cent of their time providing conciliation services, which constitutes a significant obstacle to them discharging their primary duty of inspection. According to the union, as the staff responsible for providing conciliation, consultancy and administrative services is not sufficient, labour inspectors also have to provide these services. However, the Government indicates that 29 new positions have been created with effect from the beginning of 2009 and that 32 new positions are expected to be created later in 2009 in order to increase the number of labour inspectors. The Committee would be grateful if the Government would indicate the total number and geographical distribution of labour inspectors following the adoption of the above measures. It also asks it to take the necessary measures to ensure that labour inspectors spend most of their working time discharging their primary functions, as set out in Article 3, paragraph 1, of the Convention.

Article 12, paragraph 1(a). Right of free access by inspectors in workplaces liable to inspection. Noting that the Government has not replied to its previous request under this provision of the Convention, the Committee asks it once again to provide information on the manner in which the technical inspection is carried out of plant and machinery that is idle in workplaces operating during the day and on the manner in which inspectors check whether any night work is being performed unlawfully.

Article 12, paragraph 2. Notification of presence on the occasion of an inspection visit. Efficiency of the control. According to the Government, the adoption of specific measures is not yet envisaged to empower labour inspectors not to notify the employer or his or her representative of their presence on the occasion of an inspection visit where such notification may be prejudicial to the performance of their duties. The Committee asks the Government once again to consider this issue seriously, to take all the necessary measures in the very near future to grant labour inspectors this right and to keep the ILO duly informed.

Article 16. Measures aimed at increasing the number of inspection visits. The CTRN indicates that, because of the excessive number of tasks assigned to labour inspectors, they are not able to inspect workplaces as regularly and thoroughly as is necessary in accordance with the Convention. According to the CTRN, by September 2008, the average annual coverage of workplaces was not much higher than in 2003, when it was around 55 per cent of the total. The CTRN adds that labour inspectors spend a significant amount of time on the administrative aspects of grievance procedures. The Government indicates that the adoption of the Plan of Transformation and of Regulation No. 28578-MTSS has resulted in a better organization of the respective procedures and the acceleration of their investigation, thereby allowing inspectors more time to discharge their primary duties. The Committee would be grateful if the Government would inform the ILO of the measures taken to ensure that workplaces are inspected as regularly and thoroughly as required under the Convention.

Articles 5(a), 20 and 21. Measures aimed at promoting effective cooperation between labour inspection services and the justice system. According to the Government, the National Directorate of the Labour Inspectorate holds regular meetings with the judicial authorities and the discussions have focused on various themes, including labour infringements. The Government also expressed its readiness to strengthen links between the judicial and administrative authorities. The Committee would be grateful if the Government would provide the ILO with more detailed information on the content and results of the above meetings and discussions, their impact on labour inspection activities and any subsequent efforts made to strengthen dialogue between the administrative and judicial authorities. Moreover, the Committee requests the Government to provide the ILO with detailed information on the impact of the measures taken to accelerate the treatment of the complaints lodged by workers and labour inspectors and to ensure the right of workers to prompt justice, and on any further measures that are expected to be taken.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee refers the Government to its observation, and asks it to send information on the following matters.

Article 3, paragraph 1(c), of the Convention. The inspectorate’s contribution to improving legislation. The Committee would be grateful if the Government would describe how labour inspectors contribute in practice to improving labour legislation, giving specific examples and sending copies of any relevant text (instructions, extracts of reports, etc.).

Article 5(b). Collaboration between officials of the labour inspectorate and the social partners. With reference to its previous comments, the Committee notes that neither the National Technical Advisory Council for labour inspection nor the regional technical advisory councils are yet in operation despite recommendations made following the evaluation of the Labour Inspection Transformation Plan to strengthen the tripartite consultation machinery. The Committee also notes that the draft amendment to Decree No. 28578-MTSS of 3 February 2000 issuing the regulations to organize the labour inspectorate has still not been enacted, and requests the Government to provide information on developments in the relevant legislation and on measures taken or envisaged to strengthen tripartism with a view to improving the system of labour inspection.

Articles 5(a) and 12, paragraph 1(a)(iv). With reference to its previous comments, the Committee notes that, according to the Government, although the law makes no provision for authorizing labour inspectors to take or remove for purposes of analysis samples of materials and substances used or handled, these prerogatives are exercised by technical experts of the Occupational Health Council of the Ministry of Labour and Social Security, with which the National Labour Inspection Directorate engages in the necessary cooperation for these purposes. The Committee would be grateful if the Government would state whether such cooperation is ensured at regional and local levels.

Article 12, paragraph 2. Notification of the inspectors’ presence at the workplace. With reference to its previous comments, the Committee notes that, according to the Government, a factual and legal analysis of the abovementioned matter has been sought from the National Inspection Directorate. The Committee hopes that the Government will not fail to take steps to ensure that labour inspectors are authorized by law not to notify their presence to employers or their representatives when they visit workplaces where such notification may be prejudicial to the performance of their duties. Please provide copies of any relevant texts.

Articles 5(a) and 14. Cooperation between the inspection services and other competent government services for the purpose of exchanging information on industrial accidents and cases of occupational disease. Further to its previous comments, the Committee again requests the Government to indicate specifically the legislative, regulatory or administrative provisions that are the basis for the procedure whereby inspectors are informed by the National Insurance Institute of the industrial accidents and cases of occupational disease notified to it.

Labour inspection and child labour. The Committee notes that, according to the Government, efforts are still being made to ensure the compiling of data on child labour. It notes with interest that in the context of international cooperation, a computerized information system is being developed for this purpose and should be operational in the near future. The Committee notes the tables showing the minors engaging in economic activity who were taken in by the labour inspection services in 2005, their distribution by branch of economic activity, and the infringements of the relative legislation, and requests the Government to send, as soon as they are available, statistics on the inspectorate’s activities that concern child labour in the branches covered by the Convention, and their results.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report for the period ending on 31 May 2006 replying to its previous comments. It also notes the documents appended thereto. It notes the observations of the Rerum Novarum Workers’ Confederation (CTRN) and the Union of Employees of the Ministry of Labour and Social Security (AFUMITRA) and their enclosures, received at the Office on 18 January 2005 and forwarded to the Government on 2 March 2005. The Committee takes note of the Government’s reply to these comments and the supporting documentation, received on 19 July 2005.

The Committee observes that some of the matters raised by the above organizations were addressed in the Committee’s previous observation.

1. Articles 3, 10 and 16 of the Convention. Human resources and the labour inspectorate’s duties; extent to which inspection requirements are covered. According to the CTRN and AFUMITRA, there has been a slow deterioration in the services performed by the labour inspectorate owing to a lack of necessary resources. To make matters worse, the workload is increasing and there is a danger of the inspection service becoming paralysed as its duties are extended and diversified.

According to the above organizations, resources are too scarce to allow adequate and appropriate coverage: between 2001 and 2003, the inspectorate covered only 5.5 per cent of employers liable to inspection. Furthermore, coverage is shrinking further not only because there are more workplaces subject to inspection and more workers to be protected, but also because 75 per cent of the inspectors working in 29 of the provincial and cantonal offices spend 40 per cent of their working time on conciliation. The delegation of certain administrative duties to the regional offices and the broadening and diversification of inspectors’ skills to match the requirements of national and international law means that their responsibilities have been considerably increased without any increase in administrative staff or financial resources.

According to the above organizations, the number of inspectors fell from 105 in 1997 to 94 in 2004, and inspections from 13,000 for the period from 2000 to 2001 to less than 12,000 for the period from 2002 to 2003.

According to the Government, there are three categories of inspectors responsible for conciliation duties for the whole country except the central area, which has separate arrangements. The Government indicates that inspectors have received appropriate training in this and other fields, and sends a summary table of inspectors’ training in 2004.

With regard to the increase in inspectors’ duties, the Government states that it was needed for technical reasons and to improve the inspectorate’s efficiency. As to the shortage of support staff, this is due to budgetary and economic restraints; other administrative departments are affected in the same way, but new posts will ultimately be created.

With regard to the strength of the inspectorate, the Government indicates that numbers have fallen owing to retirement, change of duties and transfers. However, to remedy the situation the General Labour Inspectorate intends to look into the possibility of having certain posts re-established.

2. Article 11. Logistic and material resources for the labour inspectorate. According to the CTRN and AFUMITRA, the means of transport available to inspectors are insufficient, and inspectors spend much of their working day travelling and have to depend on public transport. Furthermore, many of the inspectorate offices lack the minimum amenities for use; some even lack decent sanitation, and one had to be closed temporarily at the request of the Ministry of Health. Office equipment, such as computers and printers, is inadequate and often in poor condition, and the shortage affects even petty supplies (including ink).

According to the Government, of all administrative departments, the labour inspectorate is best equipped in terms of vehicles. Of the five acquired in 2004 by the Ministry, two were assigned permanently to the National Inspection Directorate. Furthermore, vehicles are available for use by inspectors on request, and are regularly made available to the regional offices. The budgetary assignment for travel underwent a substantial increase in 2005. As to the inspectorate’s premises, the Government indicates that steps have been taken to rent offices in Guácimo, San Carlos and Alajuela; and the administration has supplied the regional inspection offices with computer equipment and office supplies, in so far as the budget has allowed.

3. Article 6. Conditions of service of labour inspectors. According to the CTRN and AFUMITRA, some measures taken by the administration have affected inspectors’ motivation. The organizations cite: (a) untimely transfers, which stopped only after many complaints had been filed; (b) the elimination of the travel bonus; and (c) the elimination of a former accommodation bonus.

The Government replies that transfers are healthy and are implemented by the inspectorate with the agreement of the Ministry. Some were accepted, and others were refused. The Constitutional Court found nothing unlawful in transfers carried out to improve public service provided they caused no serious injury to inspectors.

The Government asserts that the bonuses were eliminated by a decision taken after an inquiry into criteria for the grant of bonuses which revealed that false addresses had been used. In each case, the fundamental rights of public employees laid down in the Constitution and the law were respected.

4. Article 12. Hours of inspection visits. According to the CTRN and AFUMITRA, the working day of labour inspectors is confined to the hours between 8 a.m. and 4 p.m. because the Ministry’s service regulations were misconstrued; this prevents inspections in workplaces that operate at night. According to the Government, article 30 of the Internal Regulations of the Ministry of Labour and Social Security nevertheless allows for the working hours of inspectors to be changed on a provisional basis when special circumstances so require and provided that this creates no inconvenience for the inspector. With reference to its previous comments, the Committee notes the Government’s information, and would be grateful if it would indicate how it provides for technical inspection of plant and machinery that is idle in workplaces that operate during the day, and for inspectors to check whether any night work is being performed unlawfully.

5. Article 5. Cooperation with the social partners. According to the CTRN and AFUMITRA, the Ministry’s senior management staff have no interest in the modernization of labour administration. There is delay in making the National Advisory Council operational, and the regional advisory councils have not even been established, since an amendment to the Council regulations has been suspended. According to the Government, steps have been taken to convene the members of the National Advisory Council and the abovementioned regulations ought soon to be referred for approval. The Committee notes that according to an evaluation of the Labour Inspectorate Transformation Plan 2000-05, sent by the Government, there is deadlock in a number of strategic issues such as the transfer of resources, the creation of a computerized information exchange network, participation by the social partners, reinforcement of the inspectorate’s preventive and instructional duties, and the determination of priorities for inspectors. The abovementioned evaluation accordingly recommends giving each regional office a legal adviser, regionalizing the labour inspection budget, providing regional offices with computer equipment and means of transport, creating a computer network for exchanging information between the various bodies of the inspectorate and the Ministry’s other departments, making the national and regional advisory councils operational, reinforcing the inspectorate’s preventive and instructional duties and setting criteria for the planning of inspection activities. The Government also states that efforts to strengthen the inspectorate are under way with support from the ILO as well as in the context of regional cooperation under the auspices of the Inter-American Development Bank (IDB), in coordination with the ILO, with a view to rational use of resources. The Committee requests the Government to continue to provide information on all developments and any progress in establishing an efficient inspection system, together with any relevant documents.

6. Articles 20 and 21. Publication and communication of an annual inspection report. The Committee takes note of the reports on the general activities and the specific activities of the labour inspection service. It notes with interest that, as part of a bilateral technical and financial cooperation programme with Canada, launched in 2003, the National Inspection Directorate has been equipped with an automated labour inspection and management system (SAIL). By means of this system, it should be possible to set up an electronic register of inspections and of special cases so that each case can be followed up appropriately, particularly where legal bodies are involved. It should also enable the monthly reporting by provincial and regional offices to be centralized and facilitate the work of labour inspectors in establishing reports, updating information, etc. The Committee hopes that an annual report containing information on each of the items listed at Article 21 will shortly be published and communicated to the ILO in accordance with Article 20.

The Committee is addressing a direct request on other matters to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

With reference to its observation, the Committee requests the Government to provide additional information on the following points.

With reference to its previous comments, the Committee notes that Directive No. 1167 of 3 January 2001, issuing the "Manual of procedures for labour inspection" has been entirely modified by Directive No. 8 of 13 January 2004 published in the Official Journal with a view to strengthening the functions of the labour inspectorate and making available to the inspection services more effective and rapid methods and forms of organization. The Committee notes that the plan for the transformation of the labour inspectorate established as of 2000 and its implementation programme for 2004 are aimed at: the regionalization of the competences of the labour inspectorate and the decentralization of human, financial and technical resources; the involvement of the social partners; the modernization of working methods; and the reinforcement of the preventive and educational role of the inspectorate. The Committee requests the Government to continue providing detailed information on the activities carried out in the context of this plan and on their impact on the operation of the labour inspection system.

Article 3, paragraph 1(c), of the Convention. The Committee once again requests the Government to take the necessary measures to supplement the legislation so that labour inspectors are made responsible, in addition to the functions of control, advice and technical information, for contributing to the improvement of the legislation by bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Article 5. With reference to its previous comments, the Committee notes with interest the establishment in 2003 of the National Technical Advisory Council on Labour Inspection and the regional technical advisory councils. Also noting a draft amendment to Decree No. 28578-MTSS of 3 February 2000, issuing regulations on the organization and services of the labour inspectorate, the Committee requests the Government to provide a copy of any relevant final text, as well as information on the issues covered by these councils and the effect given to their opinions.

Article 12, paragraph 1(a) and (b). With reference to its previous comments, the Committee notes the absence of the information requested previously on measures to harmonize the national legislation concerning the right of inspectors to enter freely industrial and commercial workplaces, while ensuring their conformity with the provisions of the Convention. The Government is therefore requested to take measures for this purpose and to keep the ILO duly informed.

Article 12, paragraph 1(c)(i) and (ii). The Committee notes with interest that under sections 1.2.2.5 and 1.2.3.3 of Chapter 3 of the new "Manual of procedures for labour inspection", inspectors are henceforth authorized to interview employees and workers individually and confidentially during inspections and their follow-up and, under the terms of sections 1.2.2.4 and 1.2.3.4, to examine any document necessary for the identification of violations of the legal provisions and to obtain a copy thereof.

Article 12, paragraph 1(c)(iii) and (iv). With reference to its previous comments, the Committee also recalls that inspectors should be entitled to enforce the posting at the workplace of notices required by legal provisions and to take or remove for purposes of analysis samples of materials and substances, as envisaged by these provisions.

Article 12, paragraph 2. The Committee notes that, under the terms of section 1.2.2.3 of the new "Manual of procedures for labour inspection", it is envisaged that inspections begin with an interview with the employer or her or his representative. The Committee reminds the Government of the need to set out in the legislation the right of labour inspectors to refrain from informing the employer or her and his representative of their presence where they consider that such notification may be prejudicial to the effectiveness of the inspections.

Article 14. According to the Government, the National Insurance Institute (INS) provides statistics of industrial accidents on an annual basis to the National Directorate of Labour Inspection (DNI). The INS and the DNI are reported to remain in constant communication with a view to carrying out inspections in workplaces where violations have been identified so that labour inspectors can carry out the relevant investigations. The Government is requested to indicate the laws, regulations or administrative provisions which provide a basis for this notification procedure and the powers of investigation of labour inspectors.

Inspection of child labour. While noting the tables on the administrative treatment of cases of young workers by the labour inspection services, and the volume of advice provided to these workers in 2003, the Committee would be grateful if the Government would ensure that information and statistics on inspection activities in the context of measures to combat child labour, and their results, are communicated regularly to the ILO.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided in reply to its previous comments and the attached documentation. It draws the Government’s attention to the following points.

1. Adapting resources to the needs of the labour inspectorate and the impact of additional duties on the effectiveness of inspection activities. The Committee notes the information that the Government has been constrained, due to the economic situation in the country, to implement an austerity programme for public expenditure leading to budgetary restrictions which have affected state services as a whole. The Committee however notes with interest the Government’s commitment, despite the difficulties referred to above, to make all the necessary effort to reinforce the human resources of the National Labour Inspection Directorate for the effective discharge of its duties. It also notes that the annual activities planned have been undertaken. The Committee joins with the Government in hoping that decisions of a budgetary nature will be taken with a view to providing the inspection system with the resources required to meet its needs in terms of personnel, equipment and logistics. It also wishes to emphasize that the effective discharge of functions that are as numerous and complex as those deriving from its principal functions, set out in Article 3, paragraph 1, of the Convention, is only possible where inspectors are not also called upon to undertake other duties such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers (Article 3, paragraph 2). With reference to its previous comments, the Committee therefore requests the Government to keep the ILO informed of any developments in this respect and of any decision of a budgetary nature adopted with the purpose of giving effect to each of the relevant provisions of the Convention (Articles 7, 9, 10, 11 and 16), and of any progress achieved.

Conditions of service of labour inspectors. The Committee notes the agreement concluded between the Administrative Director-General of the Ministry of Labour, the National Director of the Labour Inspectorate and the President of the National Association of Labour Inspectors (ANIT) relating to the transfer of labour inspectors. According to this agreement, the National Director of the Labour Inspectorate will be empowered by decree to establish, under certain conditions, a system of the six-monthly rotation of labour inspectors by sector of activity and within the same administrative area. Furthermore, the transfers denounced by ANIT may be either maintained or revoked based on the results of the consultations held with the inspectors concerned. The Committee requests the Government to indicate the reasons for the envisaged regulations, any provisions adopted and the conclusions reached by the consultations.

Publication and communication of an annual inspection report (Articles 20 and 21). The Committee notes with regret that, since the ratification of the Convention in 1960, no inspection report as provided for by these provisions of the Convention has been communicated to the ILO. With reference to paragraphs 272 and 273 of its General Survey of 1985 on labour inspection, the Committee recalls that these reports constitute valuable sources of information from two points of view. From the national point of view, they are essential for an assessment of the practical results of the activities of labour inspectorates. Moreover, these reports give the national authorities significant data for the application of labour legislation and may also reveal gaps in the legislation which may be instructive for the future. The publication of annual inspection reports should also provide information to employers and workers and their organizations and illicit their reactions in a constructive spirit. From an international point of view, the communication of such reports to the ILO, within the time-limits set out in Article 20, is intended to enable the ILO’s supervisory bodies to follow developments in the application of the Convention and provide useful guidance on the efforts made by member States to raise progressively the level of the achievement of the social objectives pursued by the instrument. Annual reports also make it possible for the Committee to assess the extent to which the international labour Conventions ratified by the various countries are applied. The Committee therefore trusts that the Government will take the necessary measures for the purposes referred to above and that it will provide information in its next report on the progress achieved with a view to the publication and communication to the Office of such reports, the form and content of which are set out in the above Articles of the Convention.

The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

With reference also to its observation, the Committee draws the Government’s attention to the following points.

Basis in law for the exercise of the job of labour inspector. The Committee notes that Decree No. 28578 of 2000 to organize the labour inspection services repealed the provisions on labour inspection contained in the 1971 Regulation on the reorganization of the Ministry of Labour and Social Security. A number of provisions concerning the functions of the labour inspectorate and the powers and obligations of labour inspectors, which gave effect to the Convention, have thus been eliminated and have been replaced by sections 9(g) and 24(m) of the new text providing in very general terms that the labour inspectorate and labour inspectors are responsible for the functions defined by ILO Conventions Nos. 81 and 129. In the Committee’s view, these provisions are not sufficient to give the labour inspectors the necessary legal framework within which to exercise the powers and obligations conferred on them. The Committee would be grateful if the Government would provide information on how it envisages supplementing the legislation so as to give effect to Article 3, paragraph 1(c), of the Convention, which provides that the labour inspection system shall be responsible for bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, and to Article 12, paragraph 1(c)(i), (ii), (iii) and (iv), on the power of labour inspectors to conduct inquiries.

Article 5. The Government is asked to provide information on how the system of inter-institutional and tripartite coordination in labour inspection matters established at the national and regional levels operates in practice, in accordance with the relevant recommendations of the MATAC/ILO programme.

Article 12, paragraph 1(a) and (b). Noting that, by virtue of section 24(i) of Decree No. 28578 of 3 February 2000, labour inspectors are authorized to enter premises by day or night while the right to enter freely the workplaces liable to inspection is restricted by section 89 of the Organic Act of the Ministry of Labour and Social Security to workplaces in which night work is carried out, the Committee trusts that the necessary measures will be adopted to harmonize the legislation in order to ensure that labour inspectors are authorized to enter by night any premises liable to inspection regardless of the work schedule in these workplaces.

Recalling moreover that labour inspectors shall be authorized to enter by day any premises which they may have reasonable cause to believe to be liable to inspection, the Committee requests the Government to take measures to incorporate a provision to this effect in the legislation.

Article 14. The Committee once again requests the Government to indicate whether measures have been taken or are envisaged to give effect to the provisions of this Article, under which labour inspectors must be notified of employment accidents and cases of occupational disease in such cases and in such manner as may be prescribed by national laws or regulations. Please also provide any relevant texts or documents.

Articles 20 and 21. The Committee notes the tables and information relating to Article 21(a), (b), (d), (e) and (f) of the Convention for the period 1996-2000. It notes, however, that no annual inspection report as envisaged under these Articles of the Convention was sent to the ILO. With reference to its previous comments on this matter, the Committee trusts that measures will soon be taken by the central labour authority to ensure the enforcement of this obligation, if necessary with the technical assistance of the ILO.

Inspection and child labour. The Committee once again requests the Government to provide specific and detailed information on the results of the labour inspection activities carried out in the context of Directive No. 1 of March 2001 of the Ministry of Labour and Social Security, in collaboration with the Office for the Detection and Elimination of Child Labour (OATI) and other institutions responsible for the protection of child workers and the elimination of child labour.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report, the information replying in part to its previous comments and the documentation attached to the report. It also notes the comments made by the National Association of Labour Inspectors (ANIT) on the application of the Convention sent to the Office on 21 February 2003 and the information provided by the Government on the points raised.

According to ANIT, the right of inspectors, employers, workers and their organizations to have the Convention applied in good faith has not been respected. ANIT alleges that the human, material and logistic resources at the disposal of the inspection services and its users are insufficient and that labour inspectors are subjected to constant harassment by the Government, which seriously undermines their authority and credibility vis-à-vis the social partners and public opinion in general. The organization also objects to the lack of an inspection policy and of opportunities for negotiation as recommended by the MATAC/ILO programme (Modernization of Labour Administration in Central America).

1. Lack of human resources. According to ANIT, the labour inspectors have an excessive workload because of the many tasks assigned to them over and above their inspection duties. Furthermore, conciliation, which is incompatible with the principles of authority and impartiality underlying the relationship between inspectors and the social partners, is a duty for which the law gives competence to another body. Due to the lack of office staff, the inspectors have to spend approximately 20 per cent of their working hours serving notifications. In response, the Government states that conciliation duties are assigned to inspectors only in very specific cases, which are set forth in sections 43, 46 and 99 of the Organic Act of the Ministry of Labour and Social Security. In view of the training they have received, labour inspectors should therefore have no difficulty organizing their work schedules to accommodate the various functions. The Committee notes that, under the terms of these provisions, the labour inspectors’ participation on behalf of workers in conciliation procedures is envisaged in all cases where distance prevents the workers concerned from going in person to the Office for occupational matters and administrative conciliation procedures (currently called the Department of Labour Relations). As one office serves the entire country, it would appear obvious that only workers living or working in its vicinity are able to go there, to the exclusion of workers everywhere else in the country. The Committee would therefore be grateful if the Government would reconsider the issue raised by ANIT in the light of paragraph 2 of Article 3 of the Convention which provides that "any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers", and would provide information on any measures adopted to this end.

2. Lack of material means. According to ANIT, the offices of the inspection services lack the minimum they need in order to operate. The portion of the budget allocated to transport costs has even been reduced and bureaucratic obstacles have hindered the payment of the per diems to cover inspectors’ duty travel. Furthermore, the offices have no officially allotted vehicles and inspectors are not reimbursed for expenses incurred in the course of their duties. In response the Government states that the resources necessary for the operation of the labour inspection services have been provided, in so far as is really feasible under the budget, to all regional offices and ANIT’s allegations concerning the allocation of funds for travel expenses and the reimbursement to inspectors of service-incurred expenses are unfounded. According to the Government, eight vehicles and 12 motorcycles are shared by the regional offices, which also have one computer and printer each, and efforts are constantly made gradually to satisfy labour inspection needs. The Government again refers in this connection to Act No. 3462 of 26 November 1964 and resolution No. 4-DI-AA-2001 of 10 May 2001 respecting the reimbursement of expenses and allocation of funds to cover the travel expenses of public servants. An internal communication of the Ministry of Labour, further to a complaint by the labour inspectors, nevertheless asserts that there is no budget for the acquisition of the equipment needed by the inspection services and that specific demands are met as they arise. The Committee cannot overemphasize the importance of determining, as part of the preparation of the annual national budget, the resources necessary for the effective discharge of the various duties assigned to the labour inspectorate, and would be grateful if the Government would provide information on the application in practice of the provisions of the texts to which it refers and would adopt measures to ensure that adequate financial, material and logistical means are made available to the labour inspectors.

3. Conditions of service of labour inspectors. According to ANIT, the recent wave of transfers of labour inspectors under the project for the general transfer of inspection personnel decided on by the Government has led to chaos and confusion with negative repercussions for the effectiveness of the service. Moreover, by requiring inspectors and their families repeatedly to uproot, the transfers have impaired their economic, moral and psychological rights. ANIT considers that the reasons the Administration disseminated through the media to justify the transfers (corruption, lack of efficiency) are insulting not only to the inspectors but to the institution itself and are intended to cast suspicion on the inspectors. ANIT also asserts that the inspectors who appealed against the transfers were threatened with dismissal. The Government replies that rotation of inspectors is a sound measure and necessary to internal supervision considering the potential for corruption inherent in the job of labour inspector. It asserts that the allegation that families’ rights are impaired is unfounded since most of the transfers took place within one and the same district. It also indicates that the labour inspectors are covered by the public service regime which guarantees the stability of employment of state workers and that the grounds for dismissal are explicitly defined by law: the Government did no more than remind public servants of their duty of obedience. As to the statements made to the media, the Government asserts that they made no reference to individual cases of corruption as these cases are dealt with and punished in the context of objective and impartial inquiries.

4. The Committee considers that, in order to be able to establish their authority and carry out their duties with full impartiality, inspectors must first and foremost be shown consideration by the public authorities. It would therefore be grateful if the Government would review the issue raised by ANIT and provide information on any measures adopted or envisaged to strengthen the position of labour inspectors vis-à-vis the social partners and public opinion with a view to improving the effectiveness of their services.

Furthermore, noting that, according to the Government, the recommendations made by the general audit and the general sub-audit of the Ministry of Labour and Social Security on the transfer of personnel in regional and district offices of the National Directorate and General Labour Inspectorate amount to obligations, the Committee requests the Government to provide information on the frequency of transfers and the number of inspectors concerned, and on the measures adopted to ensure that they do not jeopardize the stability of employment that labour inspectors are entitled to, in accordance with Article 6 of the Convention.

The Committee is addressing a request on other points directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

With reference to its observation, and noting that the Government has not provided a report on the application of the Convention and has not replied to its previous comments, the Committee hopes that the Government will not fail to comply with its obligations and recalls its previous request which read as follows:

The Committee notes the Government’s report for the period ending May 1999. It notes the information provided in reply to its previous comments, particularly on the measures taken to improve the effectiveness of labour inspection, such as courses on labour law, administrative law, work by children and young persons, as well as the training agreement for labour inspectors concluded with the Latin American University of Science and Technology and the Inter-American University. The Committee notes that, in the context of the MATAC-ILO project, draft regulations are being prepared to provide better protection for workers’ rights by making the staff of the labour inspection services more pluri-disciplinary and professional. The Committee also notes, in reply to its previous observation concerning the contradictions between the estimates made by the Inter-Confederal Committee of Costa Rica (CICC) on the staff of the inspection services and the needs and figures provided by the Government, that information on an increase in the number of inspectors could soon be provided, and it requests the Government to indicate whether measures have been taken in this respect, particularly within the framework of the MATAC-ILO project and, where appropriate, to provide information on their implementation. It also requests the Government to provide detailed information on the current numbers and geographical distribution of the staff of the labour inspection services and on the plans to increase this staff with a view to improving observance of workers’ rights in the fields covered by the Convention.

The Committee notes the statement that the Government is continually endeavouring to develop the financial resources of the Ministry of Labour and it requests it to provide information on the measures taken, within the framework of the programme for the modernization of the labour administration, to give effect to the provisions of Article 11 of the Convention in relation to offices and transport facilities (paragraph 1(a) and (b)) and the reimbursement to inspectors of any travelling and incidental expenses which may be necessary for the performance of their duties (paragraph 2).

With reference to its direct request under Convention No. 129 concerning annual inspection reports, the Committee requests the Government to take the necessary measures as soon as possible to ensure that the central inspection authority, in accordance with Article 20, publishes and transmits to the ILO within the required time limits an annual report containing information on the subjects enumerated in Article 21(a) to (g).

The Committee also draws the Government’s attention to the following points.

Principal duties of the labour inspectorate. With reference to the provisions of Decree No. 28578 of 3 February 2000, and noting that the function of bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions (Article 3, paragraph 1(c), of the Convention) is not included among the duties entrusted to inspectors, the Committee wishes to recall that this is one of the three principal duties prescribed by the instruments. It emphasized that this is a vital factor in social progress in paragraph 79 of its 1985 General Survey on labour inspection and explained that, if it is properly understood and carried out, it should promote the introduction of new protective measures. Noting that, as a result of their direct knowledge of the working environment, labour inspectors are ideally situated to alert the authorities to the need for new regulations that are better suited to the needs of workers, the Committee suggested that the normal channel for informing the competent authorities of the shortcomings of existing legal provisions is the periodical reports that the labour inspectors submit to their superiors, or through specific reports. The Committee hopes that the Government will not fail to take the necessary measures as soon as possible to bring the legislation into conformity with the Convention on this important point and that it will keep the ILO informed promptly.

Under the terms of sections 9 and 24 of the above Decree, in addition to the duties set out in Conventions Nos. 81 and 129, labour inspectors are also entrusted with those deriving from the Organic Act of the Ministry of Labour and Social Security, and from other provisions, as well as the resolution of labour difficulties and disputes where they do not lie within the competence of the directorate of labour affairs. The Committee draws the Government’s attention to Article 3, paragraph 2, under the terms of which "any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers". It therefore requests the Government to indicate precisely all the duties entrusted to inspectors by the Organic Act of the Ministry of Labour, as well as under the other legal provisions mentioned above, and to provide information on the manner in which it is ensured that these duties do not interfere with those set out in Article 3, paragraph 1(a) to (c), and do not prejudice the principles of the authority and impartiality of inspectors.

Powers of inspectors to enter freely at any hour of the day or night any workplace liable to inspection. The Committee notes that, under the terms of section 89 of the Organic Act of the Ministry of Labour and Social Security, labour inspectors are authorized to enter workplaces at any hour of the day, as well as during working periods at night. The Committee wishes to emphasize that night inspections may be carried out not only to supervise the application of the relevant legal provisions while work is under way, but also to control the state of installations, equipment and machinery, which cannot be carried out during the course of work, as well as to ensure observance of working time and hours and conditions of employment. In accordance with Article 12, paragraph 1(a), labour inspectors must be legally authorized to enter at any hour of the day or night any workplace liable to inspection, even outside the hours or work of the above workplaces.

Notification of industrial accidents and cases of occupational disease (Article 14). The Committee requests the Government to provide information on the cases and manner in which the National Insurance Institute is obliged to notify labour inspectors of industrial accidents and cases of occupational disease.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received.

The Committee notes the observations made by the Trade Union Association of Public Employees in the Customs Sector (ASEPA). It notes the Government’s explanations given in reply and the copies of the legislation recently adopted in the areas covered by the Convention: Decrees Nos. 28578 and 29477 of 20 and 23 February 2001 on the organization of the labour inspection services; Decree No. 29361 of 20 February 2001 on the composition of national and regional advisory councils; Decree No. 29530 of 18 April 2001 concerning the award of compensation to labour inspectors and Directive No. 1-67 of 3 July 2001 issuing the handbook of labour inspection procedures.

1. Prosecution for breaches of labour law. The ASEPA objected strongly to the slowness of administrative and judicial procedures to prosecute offences against labour legislation, on the grounds that the perpetrators often go unpunished because 29.5 per cent of the cases are time-barred. According to the Government, this assertion is unfounded at least as concerns complaints of trade union persecutions since 1998 and, by analogy, other complaints. The Committee would be grateful if the Government would transmit statistical information on the complaints filed with the competent courts, the number of complaints heard and the sanctions imposed since 1998.

2. Labour inspection and child labour. The Committee noteswith interest that, under Directive No. 1 of 13 March 2001 issued by the Minister of Labour and Social Security, in every regional inspection office an inspector will be responsible for the problem of child labour in cooperation with the committees for children and young people, the relevant committee in each community and other bodies whose mission is the elimination of child labour and the protection of young people’s working conditions in the context of the policies promoted by the Government. The Committee notes that, under the above Directive, the labour inspectorate is to establish the programme of activities in cooperation with the Office for the Supervision and Elimination of Child Labour and Protection of Young Persons at Work, responsible for supervision and technical assistance. The Government is asked to supply detailed information on the measures taken in the context of the above Directive and the results obtained in the light of the objectives sought.

The Committee is again addressing a request directly to the Government seeking information on points raised in its previous comment.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report for the period ending May 1999. It notes the information provided in reply to its previous comments, particularly on the measures taken to improve the effectiveness of labour inspection, such as courses on labour law, administrative law, work by children and young persons, as well as the training agreement for labour inspectors concluded with the Latin American University of Science and Technology and the Inter‑American University. The Committee notes, that in the context of the MATAC‑ILO project, draft regulations are being prepared to provide better protection for workers’ rights by making the staff of the labour inspection services more pluri-disciplinary and professional. The Committee also notes, in reply to its previous observation concerning the contradictions between the estimates made by the Inter‑Confederal Committee of Costa Rica (CICC) on the staff of the inspection services and the needs and figures provided by the Government, that information on an increase in the number of inspectors could soon be provided, and it requests the Government to indicate whether measures have been taken in this respect, particularly within the framework of the MATAC‑ILO project and, where appropriate, to provide information on their implementation. It also requests the Government to provide detailed information on the current numbers and geographical distribution of the staff of the labour inspection services and on the plans to increase this staff with a view to improving observance of workers’ rights in the fields covered by the Convention.

The Committee notes the statement that the Government is continually endeavouring to develop the financial resources of the Ministry of Labour and it requests it to provide information on the measures taken, within the framework of the programme for the modernization of the labour administration, to give effect to the provisions of Article 11 of the Convention in relation to offices and transport facilities (Article 11(1)(a) and (b)) and the reimbursement to inspectors of any travelling and incidental expenses which may be necessary for the performance of their duties (Article 11(2)).

With reference to its direct request under Convention No. 129 concerning annual inspection reports, the Committee requests the Government to take the necessary measures as soon as possible to ensure that the central inspection authority, in accordance with Article 20, publishes and transmits to the ILO within the required time limits an annual report containing information on the subjects enumerated in Article 21(a) to (g).

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

With reference also to its observation on the Convention, the Committee requests the Government to provide information on the following points.

1. Article 17 of the Convention. The Committee notes that in its observations the Inter-Confederal Committee of Costa Rica (CICC) alleges that implementation procedures are slow, particularly in cases of the non-observance of collective labour rights, due to the fact that the procedure followed is not the special procedure envisaged in sections 363 to 366 of the Labour Code, but consists of general administrative procedures. The Government states in this respect that, following a ruling by the Constitutional Court dated 23 July 1997, the special procedure is applicable to these cases. The Committee requests the Government to provide information on any proceedings that are commenced, and the sanctions imposed, with an indication of whether the functioning of the procedures has become more rapid following the above ruling.

2. Articles 20 and 21. The Committee notes the information contained in the communication of the National Directorate of the Labour Inspectorate, which was attached to the Government's report. The Committee recalls that, in accordance with Article 20 of the Convention, the central inspection authority shall publish an annual report on the subjects enumerated in Article 21. It draws the Government's attention to the explanations contained in paragraphs 277 to 281 of its 1985 General Survey on labour inspection with regard to the form, publication and content of these reports. The Committee trusts that the Government will take the necessary measures as rapidly as possible to ensure that such reports are published and copies transmitted to the ILO.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report, which was received by the ILO on 18 November 1998, and its response to the observations made by the Inter-Confederal Committee of Costa Rica (CICC), to which the Committee referred in its previous comment.

1. Article 7, paragraph 3, of the Convention. The Committee notes that, in reply to the allegations of the CICC that the absence of adequate training affects the effectiveness of labour inspection, the Government refers to the training provided to inspectors at the beginning of their careers and regular further training during their careers, and refers specifically to the exchanges of views with other professionals designed to adapt their knowledge to the changes which have occurred in labour legislation. The Committee also notes that, in a communication from the National Directorate of the General Labour Inspectorate, which was attached to the Government's report, a description is provided of the efforts made to professionalize the inspection services, which includes many specialists in such different branches as law, social sciences and occupational medicine. The Committee also notes the information provided by the Government concerning a mobility programme which has resulted in the departure of many inspectors and the arrival of new officials and, considering appropriate training to be all the more necessary, it requests the Government to provide detailed information on the initial and further training provided to inspectors for the performance of their duties.

2. Article 10. The Committee notes that the CICC alleges that there is an insufficient number of inspectors to secure the effective discharge of the duties of the inspectorate and that it considers that this number, which is around 120 inspectors, should be increased to 400 inspectors at least. In its reply, the Government states that the number of inspectors doubled in 1996 from 50 to around 117. The Committee also notes the information contained in the above communication concerning the inspections carried out, the number of which increased during 1997, and on the sectors in which inspections were planned for 1998, namely construction and transport. Noting the substantial difference between the assessment made by the CICC of the number of inspectors considered to be necessary and their actual numbers, the Committee requests the Government to provide detailed information on changes in the numbers of labour inspectors which should be sufficient to ensure the effective discharge of the duties of the inspectorate.

3. Article 11. The Committee notes that the CICC considers that the arrangements made to furnish labour inspectors with local offices and transport facilities are insufficient, and that it alleges that the failure to reimburse inspectors their travel expenses is a considerable obstacle to the activities of the inspectorate. The Committee notes that the Government, without denying the low level of resources provided, blames them on budgetary constraints and states that over recent years efforts have been made to provide logistical support to the national and regional directorates of the labour inspectorate, including transport facilities and the reimbursement of travel expenses, as noted also in the above communication from the Directorate of the Labour Inspectorate. The Committee hopes that the Government will continue to provide information on any improvement in the situation relating to the application of this Article of the Convention.

4. The Committee notes the commencement in November 1997 of a subregional project, which includes Costa Rica, to modernize and strengthen labour administrations, which includes an important component devoted to labour inspection. It hopes that the Government will provide information on the implementation of the project and its positive effects on the organization and operation of the labour inspectorate.

5. The Committee is addressing a request directly to the Government concerning the application of a number of other points.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Referring also to its observation under the Convention, the Committee notes that neither the Government's report nor the copy of the annual report published by the central inspection authority has been received. The Committee hopes that the Government will supply a detailed report on the application of the Convention as well as a copy of the annual report published by the central inspection authority, within the time-limit set forth by paragraph 3 of Article 20 of the Convention. The Committee asks the Government to take into consideration that such report should deal in particular with the subjects listed in Article 21, including, but not limited to, statistics of industrial accidents and statistics of occupational diseases (Article 21, paragraphs (f) and (g) of the Convention).

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. The Committee notes the observations presented by the Inter Confederal Committee of Costa Rica (CICC) alleging non-observance by the Government of Costa Rica of eight Conventions ratified by Costa Rica, including Convention No. 81. The allegations of the Inter Confederal Committee relate to the following: (i) absence of adequate training of labour inspectors for the performance of their duties (Article 7, paragraph 3, of the Convention); (ii) insufficient number of labour inspectors (Article 10); (iii) insufficient material support (Article 11); (iv) delays in enforcement proceedings (Article 17); and (v) absence of publication of the reports (Article 20).

The Committee hopes that the Government will supply a detailed report on the application of the Convention as well as its comments on the allegations by the Inter Confederal Committee of Costa Rica.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Articles 10, 11, 16, 20 and 21 of the Convention. With reference to its previous comment, the Committee notes that the Government's report makes no further mention of the lack of human and material resources for compiling and publishing the annual report on the work of the inspection services. It notes, however, that the information in Annex 5 to the Government's report does not constitute a single document, nor does it contain all the information required for the annual report in accordance with Articles 20 and 21 of the Convention. The Committee draws the Government's attention to paragraphs 277 and 278 of its General Survey of 1985 on labour inspection in which it indicates that "in cases where there are difficulties of a financial nature in the publication of an annual report, recourse to inexpensive methods of printing - for instance roneoed or mimeographed inspection reports - should enable the requirements of the Conventions (Nos. 81 and 129) to be met, provided that the reports are widely disseminated among the authorities and administrations concerned and among workers' and employers' organizations, and that they are placed at the disposal of all interested parties" and that "it is desirable that the information to be contained in the annual inspection report should be published in a single document and not scattered throughout a number of publications". Furthermore, the Committee notes that according to the Government's report, a series of measures have been implemented, the joint inspection programme amongst others, in an attempt to inspect workplaces frequently. It would be grateful if the Government would indicate in its next report or in the annual report, which the Committee trusts will be sent to the Office within the time-limits prescribed in Article 20, the progress made in increasing the frequency of inspection visits. It also trusts that the annual report will contain all the information required by Article 21 and that it will be published in such a way as to ensure the broadest possible circulation.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Articles 10, 11, 16, 20 and 21 of the Convention. With reference to its previous comments, the Committee notes that the National Labour Inspectorate lacks the necessary human and material resources to fully apply these provisions of the Convention, but that the Government is still prepared to install a computerized data processing system in the Records Department of the Ministry of Labour and Social Security, with trained personnel, so that all the necessary information can be compiled for the annual report of the labour inspection services. The Committee also notes the annual report of the National Labour Inspectorate which the Government was able to provide. The report contains only part of the information requested under Article 21 of the Convention, namely, statistics of inspection visits (paragraph (d)) and statistics of violations (paragraph (e)).

The Committee recalls that, under the Convention, the number of inspectors and the facilities made available to them must be sufficient to secure the effective discharge of their duties and, in particular, to ensure that workplaces are inspected as frequently and thoroughly as is necessary, and that full annual reports are published regularly. The Committee trusts that the measures under consideration will be taken in the very near future so that annual inspection reports containing all the information requested in Article 21 can be published and sent to the International Labour Office within the period laid down in Article 20.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 20 and 21 of the Convention. With reference to its previous comments, the Committee takes note of the information supplied by the Government to the effect that the Records Department of the Ministry of Labour and Social Security is to be reorganised and will have a computerised data processing system, which will enable statistical data to be compiled thereby facilitating application of these Articles of the Convention. The Committee trusts that the measures contemplated will be taken very shortly and that, as a result, annual inspection reports containing precise information on all the subjects listed in Article 21 will be published and forwarded to the International Labour Office within the time-limits set forth in Article 20.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 20 and 21 of the Convention. With reference to its previous comments, the Committee takes note of the information supplied by the Government to the effect that the Records Department of the Ministry of Labour and Social Security is to be reorganised and will have a computerised data processing system, which will enable statistical data to be compiled thereby facilitating application of these Articles of the Convention. The Committee trusts that the measures contemplated will be taken very shortly and that, as a result, annual inspection reports containing precise information on all the subjects listed in Article 21 will be published and forwarded to the International Labour Office within the time-limits set forth in Article 20.