Rural Workers' Organisations Convention, 1975 (No. 141) - Costa Rica (Ratification: 1991)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Costa Rican Union of Chambers and Associations of the Private Business Sector (UCCAEP), communicated with the Government’s report, which are general in nature.

In its previous comments, the Committee encouraged the Government to continue taking steps to promote the participation of rural workers’ organizations. The Committee notes the detailed information provided by the Government on the programmes developed by the Ministry of Agriculture and Livestock Farming, as well as the Institute of Rural Development (INDER) in this respect. In particular, it notes the Government’s indication that both the National Development and Public Investment Plan for 2019–22 and for 2023–26 undertook to promote and encourage the participation of rural workers’ organizations, and that the Plan for 2023–26 includes a capacity-building programme, which aims to encourage compliance with labour/management rights through training on labour rights and collective bargaining techniques. The Committee also notes the Government’s indication that INDER, in its operational plans, supported the participation of young people and rural women in various associations. Taking due note of the above, the Committee requests the Government to provide more detailed information on existing rural workers’ organizations, including information on solidarity associations (number of associations and members, as well as the type of activities that they carry out).

[The Government is asked to reply in full to the present comments in 2026.]

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the Government’s detailed information relating to the various programmes and activities implemented by the Directorate for Labour Affairs, the Ministry of Agriculture and Livestock Farming, and the Institute of Rural Development to promote and boost the participation of rural workers’ organizations. The Committee notes in particular that workshops have been held on collective bargaining techniques; that participation in the Rural Development Boards has been boosted; and that the establishment of associations has been promoted through various means, with the participation of young persons, women, persons with disabilities and indigenous peoples, promoting chains of production in agriculture, fishing and non-agricultural activities. The Committee also notes the Government’s indication that cases of violations of trade union rights in agriculture are duly identified within the Labour Inspection and Case Administration System (SILAC), which is currently run by the National Directorate for Labour Inspection (DNI). The Committee notes the statistical information supplied by the Government and observes that in the 2014–16 period, six cases were handled by the DNI regarding violations of trade union rights in agriculture: five cases involved anti-union harassment and one case involved temporary suspension of an employment contract. The Committee encourages the Government to continue taking steps to promote the participation of rural workers’ organizations and requests it to provide information in this respect.

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

The Committee recalls that in its previous observation it requested the Government to supplement the administrative directive issued by the Ministry of Labour on 18 January 1999 with a text that sets out more clearly the right of trade union representatives to have access to farms and plantations and to meet with workers. In this respect, the Committee noted the Government’s undertaking to consider the Committee’s recommendations and it urged the Government to take the necessary measures to guarantee the right of trade union representatives to have access to farms and plantations and to meet with workers. In this respect, the Committee notes the Government’s indication in its report that: (1) the administrative directive referred to was issued further to the recommendations of the Committee on Freedom of Association in the context of Case No. 1966 and on that occasion the Ministry of Labour and Social Security directly instructed the National Directorate of Inspection and the Directorate of Labour Affairs to engage in out-of-court conciliation action or, failing that, to undertake administrative investigations; (2) accordingly, the instruction was reiterated to the competent directorates to comply with the ruling of the Constitutional Chamber with a view to guaranteeing the application of the administrative settlement of cases of anti-union persecution or discrimination; (3) the content of the administrative directive referred to does not encompass all the existing provisions on trade union freedoms, but consists of a specific instruction issued in relation to a particular situation; (4) Costa Rica has a comprehensive system for the protection of workers’ trade union rights at the national level, encompassing all sectors of the economy, for which reason it is not currently necessary to amplify the provisions contained in the directive; (5) the protection of trade union rights is a priority of the State as they consist of rights that are understood and acknowledged to be fundamental (the Government refers to the provisions of the Constitution and of the law guaranteeing trade union rights and affording protection against their violation); (6) with regard to the matters raised in the comments, labour inspectors have the right to visit workplaces, of whatever nature, at the various hours of the day and even the night, with a view to carrying out inspections, and the Manual of Procedures of the Labour Inspectorate (the 2008 Directive) establishes the procedure for cases of unfair labour practices. The Committee notes this information.

The Committee also requested the Government to provide information on the complaints received and/or reported by the Ministry of Labour relating to violations of trade union rights in the agricultural sector, and particularly with regard to the question of the access of trade union leaders to farms and plantations. In this respect, the Committee notes the Government’s reiterated indication that there are no records of denunciations relating to these matters to the labour inspectorate, but that the Electronic Case System (SEC) established in the National Directorate of Labour Inspection and in regional inspection offices is currently being tested and inspectors are at the training stage. The Committee also notes the Government’s indication that in the near future it will be possible to provide more detailed information on the nature of violations of labour provisions, and to generate more statistical data. The Committee hopes that once the SEC comes into operation, the Government will be able to provide the information requested.

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

The Committee notes the Government’s report.

The Committee recalls that in its previous observation it asked the Government to supplement the administrative directive issued by the Ministry of Labour on 18 January 1999 with a text that sets out more clearly the right of trade union representatives to have access to farms and plantations and to meet with workers. In this regard, the Committee notes that the Government undertakes to consider the Committee’s recommendation. The Committee urges the Government to take all the necessary measures to guarantee the right of trade union representatives to have access to farms and plantations and to meet with workers, and to provide information, in its next report, on any concrete measures adopted in this respect.

The Committee also asked the Government to provide information on the complaints received and/or reported by the Ministry of Labour concerning violations of trade union rights in the agricultural sector, and particularly with regard to the question of the access of trade union leaders to farms and plantations. In this respect, the Committee notes that, according to the Government, there are no records concerning violations of trade union rights by sector of activity relating to the access of trade union leaders to farms and plantations, but that with the automated labour inspection and management system (SAIL) currently being developed, it will be possible to supply the information on violations. The Committee hopes that once the new system comes into effect, the Government will be able to provide the information requested.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

1. Necessity to reflect in the text of the Labour Code the ruling that section 14(c) of the Labour Code (exclusion from the scope of the Labour Code, and consequently from the exercise of trade union rights, of workers in agricultural and stock-raising enterprises permanently employing no more than five workers) and section 376(b) (prohibition of the right to strike in the public sector and in the agricultural, stock-raising and forestry sectors) are unconstitutional, with a view to eliminating any ambiguity.

The Committee notes with interest that the latest updated version of the Labour Code (March 2001) reflects the ruling that the above provisions are unconstitutional, which renders them inapplicable.

2. Free access of trade union representatives to plantations. The Committee emphasized the importance that it attaches to the freedom of access of trade union representatives to plantations and trusted that the Government would take measures to guarantee this right. In its report, the Government indicates that it endorses the importance that the Committee affords to this matter and reiterates that the administrative directive issued by the Ministry of Labour on 18 January 1999, ordering labour inspectors to remain vigilant with regard to the collective rights of workers, including the right of assembly of workers and their leaders, remains in force.

The Committee requests the Government to consider supplementing this administrative directive by a text which sets out more clearly the right of trade union representatives to have access to farms and plantations and to meet with workers. The Committee also requests the Government to provide information on the complaints received and/or reported by the Ministry of Labour concerning violations of trade union rights in the agricultural sector, and particularly with regard to the question of the access of trade union representatives to farms and plantations.

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

The Committee notes the Government’s report and recalls that its earlier comments referred to:

(1)  the exclusion of agricultural and stock-raising enterprises permanently employing no more than five workers from the scope of the Labour Code of 1943 (section 14(c)); and

(2)  the prohibition of the right to strike in the agricultural, stock-raising and forestry sectors (section 369(b), now section 376(b) of the Labour Code).

Right to organize of rural workers

1.  With regard to the first issue, the Committee notes that, according to the information provided by the Government, section 14(c) of the Labour Code was repealed by the Supreme Court of Justice on 22 July 1954.

The Committee requests the Government to take measures to ensure that the repeal of this provision is reflected in the legislation which is in force, since the texts of the Labour Code published in recent years continue to include subsection (c) of section 14 of the above Code.

2.  With regard to the prohibition of the right to strike in the agricultural, stock-raising and forestry sectors, the Committee noted that in February 1998 the Constitutional Chamber of Supreme Court of Justice declared unconstitutional the prohibition of the right to strike in the public sector and in the agricultural, stock-raising and forestry sectors. The Committee had requested the Government, with a view to removing all ambiguity with regard to this matter, to repeal section 369(b), now section 376(b) of the Labour Code, possibly by means of the Bill which it had reported submitting to the Legislative Assembly.

In this regard, the Committee notes the Government’s expression of interest and the hope that it will provide information in its next report on any measure taken in this respect. The Committee therefore expresses the firm hope that the Government will provide information in its next report on the measures adopted to give effect to the free exercise of the right to strike in the public sector and in the agricultural, stock-raising and forestry sectors.

Free access of trade union leaders to plantations

The Committee also recalls the information provided by the Government in its report in 1999 concerning the number of trade union organizations in plantations, and the approximate number of their members. It also recalls with interest the administrative directive issued by the Ministry of Labour on 18 January 1999 ordering the competent authorities "… to remain constantly vigilant in the protection of the collective rights of workers, to ensure that there is no hindrance to workers and their trade union representatives’ constitutional right to assembly and to hold meetings and peaceful demonstrations with the workers …".

The Committee moreover once again wishes to emphasize the importance for the Government to take measures by legislative means to safeguard the freedom of access of trade union officers to plantations, which is explicitly recognized in the conclusions adopted by the ILO committees on work in plantations. The Committee once again requests the Government to provide information on any development on this matter in its next report.

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

The Committee notes the Government's report.

The Committee notes the information provided by the Government concerning the number of trade union organizations which have been set up in plantations and the approximate number of members. The Committee again requests the Government to supply this information in its next report.

Moreover, the Committee notes with interest the administrative directive from the Minister of Labour of 18 January 1999 ordering the competent authorities "... to remain constantly viligant in the protection of the collective rights of workers, to ensure that there is no hindrance to workers and their trade union representatives' constitutional right to assembly and to hold meetings and peaceful demonstrations with the workers ...". However, the Committee again wishes to stress the importance it attaches to the freedom of access of trade union officers to plantations, explicitly recognized in the conclusions adopted by the ILO Committee on Work in Plantations. The Committee trusts that the Government will take measures to guarantee this right and asks it to provide information in this respect in its next report.

The Government is requested to report in detail in 2000.

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

The Committee notes the Government's report.

1. The Committee recalls that its earlier comments referred to the exclusion of agricultural enterprises and those raising cattle permanently employing no more than five workers from the scope of the 1943 Labour Code (section 14(c)). In this respect, the Committee recalls that under the Convention the workers in question also enjoy the right to organize and bargain collectively, as well as adequate protection for the exercise of these rights. The Committee asks the Government to take steps to delete specifically this section of the Labour Code and ensure respect of these rights, and to provide information in its next report on all measures adopted accordingly.

2. Moreover, the Committee recalls that its previous comments also referred to the prohibition of the right to strike in the agricultural, cattle and forestry sectors (section 369(b) now section 376(b) of the Labour Code) and noted that in August 1997 the Government had submitted to the Legislative Assembly a Bill revoking this prohibition. In this connection, the Committee in its examination of the application by Costa Rica of Convention No. 87, noted with interest that in February 1998 the Constitutional Chamber of the Supreme Court of Justice declared the prohibition of the right to strike in the public sector and in the agricultural, cattle and forestry sectors unconstitutional. In order to remove all ambiguity in respect of this question, the Committee requests the Government to repeal the provision of the Labour Code- possibly by means of the abovementioned Bill submitted to the Legislative Assembly- and provide information in its next report on all measures adopted in this respect.

[The Government is requested to report in detail in 2000.]

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

The Committee notes the information provided by the Government in its report on the Convention.

In its previous direct request, the Committee asked the Government to keep it informed of the progress made in adopting the Bill concerning the Rules Governing Public and Civil Service Employees, sections 91 and 93 of which do not retain the prohibition of strikes in services which pay the debts of workers employed in sowing, cultivating, maintaining or harvesting agricultural, fisheries or forestry products, where such products deteriorate as a result of not realizing their immediate profit (section 369(b) of the Labour Code, section 376(b) according to the new numbering in its revised version based on the legislative reforms up to 1996).

In this respect, the Committee notes with interest that in August 1997 the Government submitted to the Legislative Assembly a Bill prepared with the technical assistance of the ILO, which revokes the prohibition of the right to strike in the agricultural, fisheries and forestry sector (section 376(b) according to the new numbering).

The Committee requests the Government to keep it informed of any developments in relation to the approval of the draft in question and to send it a copy of the text once it has been approved.

The Committee observes that section 14(c) of the Labour Code excludes from its scope agricultural or livestock enterprises which have no more than five permanent workers. In this respect, the Committee reminds the Government that, in accordance with Articles 2 and 3 of the Convention, rural workers have the right to establish organizations as they see fit and to join the organization of their choice.

The Committee requests the Government to inform it of all measures adopted to ensure that rural workers benefit from the right to organize.

The Committee notes the information on the number of agricultural trade unions at both local and federal level, and again requests the Government to inform it of the number of trade union organizations which have been set up in plantations together with their approximate number of members.

With regard to the information required on the activities conducted by rural workers' organizations designed to enable them to participate in economic and social development and to benefit from the resulting advantages, the Committee duly notes the leading role which such organizations continue to play and the scope for discussion allowing active participation in the determination of agricultural policies, both at the level of production and of social well-being.

The Government is asked to report in detail in 1999.

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

The Committee notes the information supplied by the Government in its first report on the Convention.

The Committee considers that section 14(c) of the Labour Code (which excludes from its scope agricultural enterprises permanently employing no more than five workers) should be repealed, particularly since Executive Decree No. 2 of 29 January 1952 states that the Labour Code is applicable to the above enterprises.

The Commission notes with interest that sections 91 and 93 of the Bill concerning the Statutory Regime of Public and Civil Service Employees no longer refer to a ban on strikes in the following services: the sowing, cultivation or harvesting of agricultural or forest products and stock-raising when they would deteriorate as a result of these operations not being carried out immediately (as provided in section 369(b) of the Labour Code).

The Committee requests the Government to supply information on the number of trade union organizations which have been established in plantations, and the approximate number of their members.

The Committee would be grateful to receive information on the activities of rural workers' organizations designed to enable them to participate in economic and social development and in the benefits resulting therefrom, as well as on any distinctions, exclusions or preferences related to the recognized role of existing organizations of rural workers in economic and social development.

The Committee hopes that the Government will supply the requested information in its next report, and that it will keep it informed of the progress made in adopting the Bill concerning the Statutory Regime of Public and Civil Service Employees (modifying section 369(b) of the Labour Code) as well as any action taken to expressely repeal section 14(c) of the Labour Code. The Committee requests it to send copies of the above texts when they have been adopted.