Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Costa Rica (Ratification: 1960)

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

The Committee recalls that the ILO Governing Body, at its 337th Session in October-November 2019, on the recommendation of the Tripartite Working Group of the Standards Review Mechanism, classified Convention No. 96 as an outdated instrument, and included an item on the agenda of the 119th Session of the International Labour Conference (2030) for its abrogation or withdrawal. The Governing Body requested the Office to take follow-up measures to actively encourage the ratification of the Private Employment Agencies Convention, 1997 (No. 181), the most up-to-date instrument on private employment agencies. The Committee therefore encourages the Government to give effect to the decisions adopted by the Governing Body at its 337th Session (October-November 2019) approving the recommendations of the Tripartite Working Group of the Standards Review Mechanism and to consider the ratification of the most up-to-date instrument on this subject.

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee notes the Government’s reiterated indication that section 80 of the Basic Act of the Ministry of Labour and Social Security prohibits the operation of fee-charging employment agencies and the activities of intermediaries, as only the National Employment Department is permitted to carry out placements or select from the workers on its registers. In this regard, the Committee notes the Government’s indication that on 24 January 2019 it requested technical assistance on the regulations respecting the subcontracting of workers and private employment agencies from the ILO Office for Central America, Haiti, Panama and the Dominican Republic. The Government indicates that it is awaiting the results of the requested technical assistance with a view to making progress on the regulation of the subcontracting of workers and private employment agencies. The Committee also notes the Government’s indication that violations relating to placement agencies have not been reported during the period covered by the report. The Committee trusts that the requested technical assistance will enable progress to be made in the regulation of the subcontracting of workers and private employment agencies and requests the Government to report any developments in this respect. Considering that Convention No. 96 continues to be in force for the country, the Committee also requests the Government to provide general information on the manner in which effect is given to the Convention, including extracts from inspection reports, the number and nature of the violations reported and other information on the application of Part II of the Convention (for example, the extent of the activities of private employment agencies and the measures adopted by the competent authority to monitor their activities).

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

The Committee notes the observations made by the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), which were submitted with the Government’s report, and the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 2 September 2015.

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Government indicates in its report that the initiative to ratify the Private Employment Agencies Convention, 1997 (No. 181), is still pending before the Legislative Assembly, as clarification is needed on the regulatory framework for employment placement, and there is a proposal for a preliminary draft bill to regulate the actions of the various actors providing employment services. During a workshop on the regulation of the subcontracting of workers and private employment agencies, held in October 2014 with the participation of the ILO, a discussion was held on the need to promote the draft bill to regulate the operation of private employment agencies. The Committee notes that, according to the conclusions of the workshop, it is necessary to update the text of the draft bill that was originally submitted to the National Assembly, to bring the draft bill into line with the national legislation in force in order to simplify the procedures for citizens, and to carry out this review through a process of tripartite consultation to ensure the timely and effective adoption of the reform. The UCCAEP indicates that, once the tripartite consultations have been held, it will participate actively to provide its technical viewpoint. The CTRN indicates that the National Labour Inspectorate has shown little interest in ensuring compliance with the Convention. The Committee requests the Government to provide information on the outcome of the ongoing initiatives to regulate the subcontracting of workers and private employment agencies. As Convention No. 96 is still in force in the country, the Committee also requests the Government to provide general information on how the Convention is being applied, including summaries of inspection reports and the number and nature of infringements reported, and other information related to the application of Part II of the Convention (for example, the extent of the activities of private employment agencies and the measures adopted by the competent authority to monitor the activities of these agencies).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Part II of the Convention. Progressive abolition of fee-charging employment agencies. In reply to its 2012 direct request, the Government indicates in the report received in August 2014 that, in the current context, private employment agencies operate in the labour market in what constitutes an irregular situation in relation to the provisions of Convention No. 96. The Government recalls that the Private Employment Agencies Convention, 1997 (No. 181), was submitted for examination by the legislative authorities through a Bill, which was shelved. The Committee notes the Government’s view that the subject needs to be reviewed once again by the competent authorities to clarify the regulatory framework for employment placement. The Government adds that, in the context of the process of reforming the Organic Act of the Ministry of Labour and Social Security, it was agreed that the ILO would provide support for the revision of the regulations on private employment agencies and subcontracting. The Committee invites the Government to provide information on the measures adopted to bring national law and practice into conformity with Convention No. 181, the ratification of which would involve the immediate denunciation of Convention No. 96. Please provide general information on the manner in which Convention No. 96 is applied, including summaries of inspection reports, information on the number and nature of the contraventions reported, and any other particulars bearing on the practical application of the Convention (such as the scope of the activities of private employment agencies and the measures adopted by the competent authorities to monitor the activities of such agencies).

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

Part II of the Convention. Progressive abolition of fee-charging employment agencies. In reply to the direct request of 2010, the Government indicates in a report received in September 2012 that the procedure concerning the proceedings for ratifying the Private Employment Agencies Convention, 1997 (No. 181), has been shelved. The Committee refers to its previous comments in which it observed that the Government had not undertaken any inspection of fee-charging employment agencies. The Committee recalls that any State that has accepted Part II of the Convention undertakes to abolish fee-charging employment agencies conducted with a view to profit. Costa Rica ratified the Convention in 1960, without fixing a time limit for the abolition of fee-charging employment agencies. The Committee requests the Government to provide general information on the manner in which it applies Convention No. 96, including summaries of inspection reports and information on the number and nature of infringements observed. The Committee invites the Government to add information on the steps taken to make progress in the proceedings for ratifying the Private Employment Agencies Convention, 1997 (No. 181).

[The Government is asked to reply in detail to the present comments in 2014.]

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

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee notes the Government’s report received in September 2010 indicating that the National Directorate for Labour Inspection does not have the information asked for in the direct request of 2006. The Government adds that no process has been established for the inspection of fee‑charging employment agencies. The Government also states that it is awaiting the opinion of the Committee on International Affairs in relation to the Private Employment Agencies Convention, 1997 (No. 181). The Committee recalls that the National Employment Directorate, in its reply to the questionnaire for the General Survey of 2010 on employment instruments, stated that the most feasible thing would be to encourage the legislators to adopt a law empowering the Ministry of Labour and Social Security to regulate, coordinate and control private employment agencies. The Committee recalls that any State that has accepted Part II of the Convention undertakes to abolish fee-charging employment agencies conducted with a view to profit. Costa Rica ratified the Convention in 1960, without fixing a time limit for the abolition of fee-charging employment agencies. The Committee therefore requests the Government to complete its procedures for the ratification of Convention No. 181, which would involve the immediate denunciation of Convention No. 96. The Committee requests the Government to supply information on the proceedings in the Legislative Assembly for ratifying Convention No. 181.

[The Government is asked to reply in detail to the present comments in 2012.]

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

1. Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the Government’s statement in the report received in September 2005 to the effect that a specific time frame for the abolition of fee-charging employment agencies has not been established and that the National Employment Directorate is always vigilant in its supervisory function when it identifies any anomalies in this respect. The Committee requests the Government to provide general information in its next report on the manner in which Convention No. 96 is applied, including summaries of inspection reports, information on the number and nature of the contraventions reported and other particulars relating to the application of the Convention in practice (for example, the expansion of the activities of private employment agencies and the measures adopted by the competent authority to supervise the activities of such agencies).

2. Revision of Convention No. 96. The Government indicates in its report that the principal functions of the National Employment Placement Council include establishing the policies and action governing public and private employment services at the national level (section 3(b) of Regulation No. 29219-MTSS of 22 December 2001, which was also mentioned in relation to the application of the Employment Service Convention, 1948 (No. 88)). Furthermore, the document entitled “Employment policy for Costa Rica” of the Ministry of Labour and Social Security (March 2004) indicates that the National Employment Information, Guidance and Placement System (SNIOIE) is entrusted with the responsibility of collaborating with private employment agencies, while observing that private employment agencies have been prohibited by law and that the approval of the Private Employment Agencies Convention, 1997 (No. 181), concerning which a decision is pending in Congress, would facilitate employment intermediation through the regulation of cooperation between such agencies and the public employment service (page 38 of the above document). The Committee emphasizes that Convention No. 181 acknowledges the role played by private employment agencies in the operation of the labour market. Furthermore, the Governing Body of the ILO has invited States which are parties to Convention No. 96 to contemplate ratifying Convention No. 181, the ratification of which would involve the immediate denunciation of Convention No. 96 (document GB. 273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee requests the Government to keep it informed of the progress made with regard to the legislative and other procedures necessary for the ratification of Convention No. 181.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government refers in its report to measures taken by the competent authorities to regulate the functioning of fee-charging employment agencies conducted with a view to profit and those without a view to profit in application of the provisions of Part III of the Convention. It is obliged to remind the Government that the Convention was ratified with acceptance of the provisions of its Part II and not Part III as the Government claims. Part II provide for the progressive abolition of fee-charging employment agencies conducted with a view to profit and regulation of other agencies and this remains the obligation of the Government.

The Committee therefore requests the Government to advise on the measures taken or proposed to be taken in respect of Part II.