Workers' Representatives Convention, 1971 (No. 135) - Costa Rica (Ratification: 1977)

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

Previous comment

The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), communicated with the Government’s report, in which reference is made to the matters addressed below. It also notes the joint observations of the Confederation of Workers Rerum Novarum (CTRN) and the Workers’ Union of the Atlantic Coast Port Administration and Economic Development Board (SINTRAJAP), received on 1 December 2022, alleging violations of the Convention in practice, including the suspension of trade union leave. The Committee also notes the joint observations of the CTRN, the Costa Rican Workers’ Movement Central (CMTC), the General Confederation of Workers (CGT), the Costa Rican Confederation of Democratic Workers (CCTD) and the Workers’ Unitary Confederation (CUT), received on 1 September 2023, alleging violations of the Convention in law and in practice. The Committee requests the Government to provide its comments in this respect.

In its previous comments, the Committee considered that it would be desirable to extend the protection provided under section 365 of the Labour Code to a greater number of trade union representatives. It noted that the issue of protection against acts of anti-union discrimination was the subject of a bill known as the Labour Procedures Reform Bill. The Committee notes the Government’s indication that the Labour Procedures Reform Act was adopted on 25 January 2016 and introduces a host of innovations in the area of the defence of workers’ rights. It also notes the information provided by the UCCAEP, in its observations, concerning the main changes introduced by the Act. In this respect, the Committee notes that, in 2013, in the context of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), it noted with satisfaction the amendments introduced by the Act with the objective of making judicial procedures relating to acts of anti-union discrimination more expeditious and effective. Nevertheless, the Committee notes that the protection provided to trade union representatives under the Labour Code (section 367(b)) continues to cover one trade union leader for the first 20 unionized workers and one for every additional 25 workers, up to a maximum of four. The Committee requests the Government to take the necessary measures to amend section 367(b) of the Labour Code with a view to increasing the number of trade union representatives protected, especially in the case of organizations with a large membership, and to provide information on any progress achieved in this respect. The Committee also requests the Government to provide more detailed information on the impact of the Labour Procedures Reform Act with respect to the protection of workers’ representatives.

Furthermore, the Committee noted another bill (Bill No. 13475) also relating to the improvement of existing protection against anti-union discrimination. The Committee notes the Government’s indication that Bill No. 13475 was shelved on 16 November 2016 following the issuance of a unanimously negative opinion. The Committee also notes the indication of the UCCAEP that this decision was taken because Bill No. 13475 was outdated by the regulations provided for under the Labour Procedures Reform Act, which surpasses the aspirations set out in the aforementioned Bill, in particular with respect to protection for workers’ organizations.

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

The Committee notes the observations on the application of the Convention submitted by the World Federation of Trade Unions (WFTU) and the National Federation of Employees of the Social Security System and Fund (UNDECA) in a communication received in 2013, which relates to matters also considered by the Committee on Freedom of Association in June 2014 (see 372nd Report, Case No. 2929, paragraphs 99–109). The Committee also notes the observations sent by the Confederation of Workers Rerum Novarum (CTRN) in a communication received on 3 September 2014, referring to anti-union dismissals which are being examined by the judicial authority. The Committee also notes the observations sent by the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) and the International Organisation of Employers (IOE), received on 28 August 2014, stating that the case law of the Supreme Court of Justice already grants complete protection against dismissal and acts of discrimination towards trade union officials and trade union members. The Committee observes that the CTRN emphasizes that the average length of court proceedings dealing with anti-union acts is excessive, amounting to five years. The Committee notes the Government’s reply to the observations of the trade union organizations.

In its previous comments the Committee noted that the number of protected trade union representatives was very low (section 365 of the Labour Code provides for one trade union official for the first 20 unionized workers and one for every 25 additional workers, up to a maximum of four) and considered that it would be desirable to extend protection to a greater number of representatives, without prejudice to ensuring adequate general protection against acts of anti-union discrimination to all workers. The Committee notes that the issue of protection against acts of anti-union discrimination is the subject of Bill No. 15990 to reform labour procedures, which, according to the Government, is still under discussion within the Legislative Assembly, currently has parliamentary priority, establishes a quick procedure prior to dismissal to be undertaken by the employer and summary proceedings before the judicial authority with binding time limits for justifying the reasons for dismissal, and imposing severe penalties on any refusal to reinstate the worker if the dismissal cannot be justified. The Committee observes that these issues were raised in 2013 in relation to the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and it reiterates the conclusions it formulated in that context, which read as follows: “Noting the efforts made to resolve the problem of the slowness of procedures in cases of anti-union discrimination, the Committee hopes that the discrepancies that persist and which were preventing the Government from approving Bill No. 15990 to reform labour procedures will be resolved in the near future.” The Committee expresses the strong hope that it will be able to observe visible progress in the very near future and requests the Government to send a copy of the Bill, once it has been enacted.

Furthermore, the Committee previously noted Bill No. 13475 concerning the improvement of existing protection against anti-union discrimination and asked the Government to provide information on any developments in this respect. The Committee requests the Government to provide information on any progress made with regard to Bill No. 13475.

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

The Committee notes the comments made by the Union of Public and Private Enterprise Workers (SITEPP) on the application of the convention. The Committee also notes the comments of the Costa Rican Federation of Chambers and Associations of Private Enterprises (UCCAEP). The Committee requests the Government to send its observations in this respect.

In its previous observations the Committee noted that the number of protected trade union representatives was small (section 365 of the Labour Code – one leader for the first 20 unionized workers and one for every additional 25 up to a maximum of four) and expressed the view that it would be appropriate to extend protection to a larger number of representatives without prejudice to satisfactory general protection for all workers against acts of anti-union discrimination. In view of the fact that the Government has not sent any observations on this matter, the Committee urges the Government to examine this issue in the Higher Labour Council (a tripartite national body).

The Committee also previously noted a draft Act before the Legislative Assembly to extend and improve protection against anti-union discrimination. It noted that the draft Act, which fully addresses acts of anti-union discrimination and interference, provides for rapid procedures prior to dismissal which have to be undertaken by the employer, for summary proceedings before the judicial authorities, with compulsory time limits to ascertain the reasons for the dismissal, and for severe penalties for refusal to reinstate the worker where justified grounds are not found to exist. The Committee notes the Government’s statement that the draft Act contains two key components: (1) establishing expeditious (summary) proceedings in the administrative and judicial bodies with the purpose of establishing whether or not the challenged dismissal complies with the law; and (2) ensuring that the legislation promotes the harmonious and orderly development of the labour sector and its representatives. The draft Act is high on the legislative agenda. The Government adds that in 2005 the Executive Authority submitted a draft Act to the Legislative Assembly on procedural reforms in labour legislation containing a special chapter which governs special procedures taking into account the protection of trade union immunity and the recommendations of the ILO supervisory bodies. The abovementioned draft Act (file No. 15990) has been under examination since June 2009 by a new subcommittee, which meets on a weekly basis, and was included on the agenda of extraordinary meetings of the Legislative Assembly held from 1 to 31 August 2009. The Committee expresses the hope that the draft Act on labour reform will be approved in the near future and will be in full conformity with the provisions of the Convention. The Committee requests the Government to send a copy of the Act, once it has been adopted. The Committee also underlines the importance of the prompt adoption, by means of expeditious procedures, of the draft Act defining anti-union acts. The Committee reminds the Government that this draft Act has received tripartite support and, taking into account the cases of dismissals of union leaders examined by the Committee on Freedom of Association in recent years, urges the Government to take steps to ensure that it is discussed and adopted in the Legislative Assembly.

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

The Committee takes note of the Government’s report.

In its previous observation, the Committee noted that the number of protected trade union representatives was small (section 365 of the Labour Code - one leader for the first 20 workers unionized and one for every additional 25 up to a maximum of four), and expressed the view that it would be appropriate to extend protection to a larger number of representatives without prejudice to satisfactory general protection for all workers against acts of anti-union discrimination.

In its previous report the Government provided information on a Bill before the Legislative Assembly to extend and improve protection against anti-union discrimination. The Committee observed that the Bill (to reform several provisions of the Labour Code) which has tripartite consensus, addresses very fully the acts of anti-union discrimination and interference (dismissals, transfers, blacklists, etc.) and provides for very rapid procedures prior to dismissal which have to be discharged by the employer and for summary proceedings before the judicial authorities, with compulsory time limits to ascertain the reasons for the dismissal and severe penalties for refusal to reinstate the worker where justified grounds are not found to exist. It is provided expressly that, in the situations described above, dismissal without due cause as provided in the Labour Code shall be void (that is, subject to compensation) as already established in the case law of the Constitutional Chamber.

In its last report the Government states that it has noted the Committee’s comments and hopes to be able to provide information in the near future on the adoption of the abovementioned Bill. The Committee requests the Government to keep it informed on this matter.

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

The Committee notes the Government’s report.

In its previous observation, the Committee noted that the number of trade union representatives protected was small (section 367 of the Labour Code extends this protection to one leader for the first 20 workers unionized and one for every additional 25 workers up to a maximum of four). The Committee had expressed the view that it would be appropriate to extend protection to a larger number of representatives notwithstanding the possibility of ensuring satisfactory general protection for all workers against acts of anti-union discrimination. It asks the Government to provide information in its next report on any developments in this area.

In its report, the Government refers to a bill which extends and improves protection against anti-union discrimination.

The Committee reiterates the comments it made in 2001 in its examination of the application of Convention No. 98 in connection with the above bill (to amend several provisions of the Labour Code) submitted, within the framework of the tripartite consensus, to the Legislative Assembly, and which read as follows:

The bill addresses very fully acts of anti-union discrimination and interference (dismissals, transfers, blacklists, etc.) and provides for very rapid procedures prior to dismissal which have to be discharged by the employer and summary proceedings before the judicial authorities with compulsory time limits to ascertain the reasons for the dismissal, with severe penalties for refusal to reinstate the worker where justified grounds are not found to exist. It is explicitly provided that, in the situations described above, dismissal without due cause as provided in the Labour Code shall be void (that is, subject to compensation) as already established in the case law of the Constitutional chamber.

The Committee notes that this matter too is being examined in a tripartite committee. It expresses the firm hope that the bill - which it notes with interest - will be adopted in the very near future, and requests the Government to keep it informed on this matter.

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

The Committee notes the Government’s report.

The Committee recalls that it noted in its previous observation that the number of protected trade union representatives was restricted (section 367 of the Labour Code (one leader for the first 20 union members and one for each subsequent 25 workers, to a maximum of four)) and considered that protection should be extended to a greater number of representatives, apart from securing protection generally for all workers against acts of anti-union discrimination.

The Committee notes the Government’s statement that it hopes to be in a position to provide information in its next report on the progress made in extending employment protection to a higher number of workers’ trade union representatives. In this respect, the Committee requests the Government to provide information in its next report on any progress made to this effect.

The Committee notes that the Trade Union of Employees of the Ministry of Finance (SINDHAC) and the Costa Rica Transport Workers’ Union (SICOTRA) have made observations on the application of the Convention and requests the Government to provide its comments in this respect.

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

The Committee notes the Government's report. The Committee recalls that the Inter-Confederal Committee of Costa Rica (CICC) submitted comments in respect of the restricted number of union representatives benefiting from employment protection under section 367 of the Labour Code (one leader for the first 20 union members and one for each subsequent 25 workers, to a maximum of four). The Committee noted the effectively restricted number of protected union representatives in its earlier comment, and considered that the protection should be extended to a greater number of representatives; otherwise to guarantee protection generally for all workers, including their representatives, against anti-union discrimination (as in the recent Bill put before the Legislative Assembly). The Committee notes from its report that the Government is envisaging including this possibility within the framework of national collaboration, and hopes that its next report will contain information on all developments in this respect.

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

The Committee notes the information provided by the Government in response to the comments made by the Inter Confederal Committee of Costa Rica (CICC) on the application of the Convention.

The Committee recalls that the comments made by the CICC referred to: (1) the absence of a procedure prior to the dismissal of trade union leaders to investigate whether they have been given grounds for dismissal; (2) the non-enforcement of court sentences to reinstate dismissed trade union leaders; (3) the excessive delays in administrative and legal proceedings relating to acts of anti-union discrimination (the CICC refers to acts of anti-union discrimination which have occurred in various enterprises and institutions); (4) the Government's violation of the provisions of Articles 2 and 5 of the Convention respecting the facilities afforded to workers' representatives and the requirement that elected representatives do not undermine the position of trade union representatives; (5) the limited number of trade union representatives who are guaranteed employment protection (one representative for the first 20 trade union members and one for each additional 25 workers thereafter up to a maximum of four).

In respect of the alleged absence of a procedure prior to the dismissal of trade union leaders to investigate whether they have been given grounds for dismissal, the Committee emphasizes that the Convention leaves open various forms of protection of workers' representatives against acts which are prejudicial to them, including dismissal, in so far as rapid and efficient protection exists in law and in practice; this protection can occur before or after dismissal. In these circumstances, the Committee notes that the Costa Rican law provides for protection following dismissal and will not consider this matter further.

In regard to the alleged delays in procedures in respect of acts of anti-union discrimination and the non-execution of decisions handed down by the courts to reinstate dismissed trade union leaders, the Committee will examine these matters, due to the general nature thereof, within the framework of the application of Convention No. 98 by Costa Rica. Similarly, with regard to the alleged violation of Article 5 of the Convention through the requirement for elected representatives not to undermine the positions of trade union representatives, the Committee notes that the CICC refers, in particular, to an instance in the enterprise FERTICA where the management encouraged the establishment of a parallel Executive Committee to that of the existing trade union Executive Committee. In these circumstances, the Committee considers that this type of allegation is tantamount to an act of interference as covered by Article 2 of Convention No. 98 and also will examine this matter within the framework of the application of Convention No. 98 by Costa Rica.

With regard to the Government's alleged violation of Article 2 of the Convention respecting the facilities which must be afforded to trade union representatives, the Committee notes that the Government states that, in addition to the protection afforded in law, trade union representatives enjoy benefits under collective agreements (the Government cites examples of collective agreements which lay down special clauses providing protection against acts of anti-union discrimination, concerning the provision of documentation to the trade union organization, paid leave for trade union activities). In this respect, the Committee notes that the CICC has not provided detailed information to support its allegations of the violation of Article 2 of the Convention and will, therefore, not proceed with its examination of this matter.

Finally, in respect of the allegation concerning the limited number of trade union representatives who are guaranteed employment protection -- section 367 of the Labour Code (one delegate for the first 20 trade union members and one for each additional 25 thereafter up to a maximum of four) -- the Committee notes the Government's statement to the effect that the law protects workers' representatives against any acts which may prejudice the free and efficient exercise of their activities, but that the authorities have to recognize that such workers hold a special position and that this protection cannot be extended to all workers. In this respect, the Committee notes that the number of protected trade union representatives is, in practice, limited and considers that it would be advisable to extend protection to a greater number of representatives. In these circumstances, the Committee requests the Government to consider this possibility and to inform the Committee in this respect in its next report.

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

The Committee notes the Government's report and the comments made by the Inter Confederal Committee of Costa Rica (CICC) on the application of the Convention. The Committee observes that the comments have been forwarded to the Government to enable it to send its observations in this respect.

The Committee notes that the CICC states that no procedure exists prior to the dismissal of a trade union leader in which the grounds for dismissal are established. Similarly, the CICC criticizes the lack of any kind of enforcement in court rulings ordering the reinstatement of trade union leaders. The Committee underlines that the Convention permits different types of protection for workers' representatives from acts that could be prejudicial to them, including dismissals, as long as there is effective and rapid protection, which would be provided for prior to or following a dismissal. In any event, the Committee must insist on the need to comply with judicial decisions that order the reinstatement of workers' representatives in their posts and requests the Government to take measures in this respect. As regards the excessive delays alleged by the CICC in proceedings concerned with acts of anti-union discrimination, the Committee requests the Government to take measures to ensure that proceedings are carried out expeditiously and to keep it informed in this respect.

Furthermore, the Committee notes that the CICC states that the Government is violating the provisions of Articles 2 and 5 of the Convention concerning facilities for workers' representatives and the requirement for elected representatives not to undermine the position of trade union representatives. In this respect, the Committee requests the Government to provide, in its next report, observations in relation to the comments made by the CICC on this matter.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

In its previous comments, the Committee had requested the Government to continue to provide information on the facilities afforded in practice to workers' representatives in public and private sector enterprises.

In this regard, the Committee notes the information supplied by the Government to the effect that various collective agreements recognize the right of members of the executive committee to hold meetings with workers on the premises of work centres and all workers are permitted to attend ordinary and extraordinary assemblies without loss of salary. Permission is given to workers who so require to attend union training, or to attend union congresses at national and international level without loss of salary. Similarly, permission is given for trade union leaders to carry out union work, without loss of salary over a considerable period of time. Furthermore, facilities, such as office space, are granted to union committees so that they can hold meetings related to their function.

Finally, the Committee notes with interest that the Minister of Labour issued official notice DM-1428-96 instructing the inspection authorities to ensure that they respect, among other things, the right of trade union leaders to make contact with plantation workers.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report and recalls that in its previous comments it requested it to provide information on the facilities afforded in practice under the terms of Article 2 of the Convention to workers' representatives in public and private sector enterprises, either under the terms of collective agreements or in any other form.

The Committee notes the facilities afforded under the terms of collective labour agreements to workers' representatives in enterprises in the public and private sectors and is grateful for the transmission of the texts of various collective agreements.

The Committee hopes that the Government will continue to provide full particulars on the facilities afforded in practice to workers' representatives in both the private and public sectors.

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

The Committee notes that the Government's report was received when its work had already begun. It observes that the report does not contain any specific information to the questions raised. In these circumstances, the Committee can only repeat its previous observation which read as follows:

The Committee asks the Government to provide information on the facilities granted under Article 2 of the Convention to workers' representatives, in practice, in the private sector and the public sector by collective agreements or other means, for example, such as those set out in the Workers' Representatives Recommendation, 1971 (No. 143) referred to below: facilities to enable them to carry out their functions promptly and efficiently; the necessary time off without loss of pay for carrying out their representation functions in the undertaking; access to the management of the enterprise; the right of assembly; the possibility of collecting trade union dues regularly on the premises of the enterprise; authorization to post trade union notices; the right to attend meetings, or such material facilities and information as may be necessary for the exercise of their functions.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report.

With reference to its previous comments on the application of Article 1 of the Convention, the Committee notes with satisfaction that Act No. 7360 of 4 November 1993 lays down guarantees against acts of discrimination - including dismissal - against workers' representatives because of their trade union activities, which provide for reinstatement, the quashing of the prejudicial measures and fines of up to 23 months of minimum wages. This protection also applies, where there is no union in the enterprise, to representatives freely elected by the workers.

Furthermore, the Committee asks the Government to provide information on the facilities granted under Article 2 of the Convention to workers' representatives, in practice, in the private sector and the public sector by collective agreements or other means, for example, such as those set out in Recommendation No. 143 referred to below: facilities to enable them to carry out their functions promptly and efficiently; the necessary time off without loss of pay for carrying out their representation functions in the undertaking; access to the management of the enterprise; the right of assembly; the possibility of collecting trade union dues regularly on the premises of the enterprise; authorization to post trade union notices; the right to attend meetings, or such material facilities and information as may be necessary for the exercise of their functions.

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

The Committee asks the Government to supply information on the facilities provided for in Article 2 of the Convention which are afforded in practice to workers' representatives, either by collective agreement or in any other form, such as the following which are set out in Recommendation No. 143: facilities to enable them to carry out their functions promptly and efficiently; the necessary time-off from work, without loss of pay, for carrying out their representation functions in the undertaking; access to the management of the undertaking; the right to attend meetings; the authorization to collect union dues regularly on the premises of the undertaking; the posting of trade union notices; such material facilities and information as may be necessary for the exercise of their functions.

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

The Committee notes the Government's report.

The Committee notes with interest that a Central Labour Council made up of government, employers' and workers' representatives has been established to achieve a consensus on major social and labour questions, and that it has approved a national agenda which includes items concerning freedom of association.

The Committee recalls that for many years it has been drawing the Government's attention to the fact that, in Costa Rica, the protection of workers' representatives against dismissals or other acts which are prejudicial to their functions or trade union activities leaves much to be desired, as no relevant legislation exists and protection clauses are not systematically included in collective agreements.

The Committee notes from the Government's report that the draft of the comprehensive revision of the Labour Code has not yet been adopted and that it is being examined by a special government committee prior to being submitted to the Legislative Assembly for final approval.

The Committee hopes that the draft Code which the Government has referred to in its reports since 1981 and, in particular, the Bill to guarantee trade union rights will be adopted shortly and asks the Government to inform it when this draft legislation is adopted and to provide copies, and to indicate any other legislative measures that have been taken to ensure that full effect is given to the Convention.

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

The Committee notes with regret 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.

The Committee recalls that, since 1981, it has been drawing the Government's attention to the fact that, in Costa Rica, the protection of workers' representatives leaves much to be desired, as no relevant legislation exists and protection clauses are not systematically included in collective agreements.

Furthermore, the Committee reminds the Government that, since 1981, its reports have referred to the adoption of a new Labour Code, but that, to its knowledge, no concrete legislative measures have yet been adopted.

The Committee hopes that the draft Code in question will be adopted rapidly. It requests the Government to inform it of the adoption of the draft, to provide a copy and to indicate any other legislative measures taken to ensure that full effect is given to the Convention.

[The Government is asked to report in detail for the period ending 30 June 1992.]

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

The Committee notes that the provisions of the new draft Labour Code prepared with the assistance of the ILO, to which the Government refers in its report, have been submitted for consultation purposes to the representative organisations of employers and workers and that the Code should be adopted in the near future.

The Committee recalls that, since 1981, it has been drawing the Government's attention to the fact that, in Costa Rica, the protection of workers' representatives leaves much to be desired, as no relevant legislation exists and protection clauses are not systematically included in collective agreements.

Furthermore, the Committee reminds the Government that, since 1981, its reports have referred to the adoption of a new Labour Code, but that no concrete legislative measures have yet been adopted.

The Committee again requests the Government to report on the adoption of the draft in question, to provide a copy as soon as it has been adopted and to indicate any other legislative measures taken to ensure that full effect is given to the Convention.