Texts of pending comments

Articles 2 and 5 of the Convention. Inclusion of labour clauses in public contracts. Supervisory measures and sanctions. In reply to the Committee’s previous comments, the Government indicates that a sworn declaration is required from all bidders involved in the procurement of goods and services for the Ministry of Finance. In the sworn declaration, contractor undertakes to ensure decent work and comply with fundamental rights and principles at work in line with the provisions of the ILO fundamental Conventions. In particular, the contractor undertakes to respect the principles regarding freedom of association and collective bargaining, the abolition of forced labour, the elimination of child labour and the elimination of discrimination in employment and occupation. Such conditions must be maintained throughout the duration of the contract. The Government provides a list of contracts awarded in 2019 which included the above-mentioned terms. The Government also indicates that other types of contract include other social and sustainable criteria such as an admissibility requirement or evaluation factors. For example, with regard to the rental of property by the Administration, such property must meet the requirements of the Act on equal opportunities for persons with disabilities regarding measures to eliminate physical obstacles in order to ensure accessibility for persons with disabilities. However, the Committee notes that the Government does not provide any examples of public contracts that include clauses ensuring to the workers concerned wages (including allowances), hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned in the district where the work is carried on (Article 2(1) of the Convention). As regards the implementation of the “National policy on sustainable public procurement”, the Government states that the Directorate of Supplies and Administrative Contracting at the Ministry of Finance is responsible for coordinating the necessary actions for implementing this policy, and also for establishing the National Steering Committee on Sustainable Procurement. The Government adds that, in line with the principle of regulatory centralization and operational decentralization, each contracting administration is responsible for carrying out its administrative procurement procedures and for evaluating them, in line with the legislation in force and the guidelines established by the above-mentioned Directorate. The Committee also notes the adoption of Executive Decree No. 42709 of 9 October 2020, which provides for the adoption of measures to encourage the participation of enterprises, including small and medium-sized enterprises (SMEs) and enterprises in the social economy, in government procurement, according to location and sustainability criteria. In this regard, section 3 of the Executive Decree establishes the following criteria to be followed with respect to public works: “(a) encourage the participation of enterprises and formally constituted organizations in the social economy as individual bidders or as a consortium in public procurement; (b) promote procurement through enterprises or organizations in the social economy located in socio-economically disadvantaged areas or located in or close to geographical areas where the services to be provided by the contract are required; and (c) foster, through public procurement, the creation of employment for social groups in vulnerable situations, such as persons with disabilities, women and young adults, with the purpose of creating greater social inclusion”. Lastly, the Committee notes that the Government has attached to its report an inspection and prevention record from the inspectorate of the Central-Pacific region (Puntarenas office), which includes information on offences recorded at an enterprise which was carrying out public works for the Ministry of Health. However, the Committee notes that the Government does not provide any statistical information on the number and type of offences detected at the national level. The Committee requests the Government to send examples of contracts concluded by the public authorities that contain the labour clauses prescribed by the “Guide to labour criteria in contracting procedures in Costa Rica”, in particular those which establish the obligation to ensure to the workers concerned wages (including allowances), hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned in the district where the work is carried on (Article 2(1) of the Convention). The Committee also requests the Government to send detailed, up-to-date information on the impact of Executive Decree No. 42709 of 9 October 2020 on contracts concluded by the public authorities, including the rate of participation of SMEs and social enterprises in government procurement. It also requests the Government to provide up-to-date information on the application of the Convention in practice, including extracts of inspection reports and information on the number and type of offences recorded throughout the country.

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 31 August 2021.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the indication of the CTRN that: (i) according to data for 2020 from the Costa Rican National Institute of Statistics (INEC), the average age of working children and young persons is 13.5 years, despite 15 years being specified as the minimum age by the Government; (ii) INEC records a total number of 6,706 working children between 12 and 17 years of age, 30.9 per cent of whom do not attend school.

The Committee notes the statistical information of the Office for the Prevention and Elimination of Child Labour and the Protection of Juvenile Workers (OATIA) in the Government’s report. In 2019, out of a total of 353 children under 18 years of age who were recorded as engaging in work, 94 of them were under 15 years of age. The Government indicates that most of these children were involved in fishing, agriculture and construction, and that they have been removed from work.

The Committee also notes the Government’s indication, in response to its request for information relating to its previous comments, that the National Roadmap Strategy 2010–20 for the prevention and elimination of child labour and the worst forms thereof was officially published in June 2018 (No. 41172-MTSS). It notes that OATIA carried out a number of activities in connection with its implementation.

The Committee further notes that, according to the Government’s report, as part of the Regional Initiative for No Child Labour in Latin America and the Caribbean, two measurement instruments have been designed, in conjunction with the ILO Regional Office for Latin America and the Caribbean and the United Nations Economic Commission for Latin America and the Caribbean, namely: (i) the child labour risk identification model; and (ii) the child labour vulnerability index. Both these tools enable the identification of the regions most at risk of child labour, but also the association of various factors with a view to defining which multisectoral actions are the most effective for contributing to the elimination of child labour. These are based on the roadmap and on the Ministry of Labour’s Institutional Strategic Plan 2018–22, which establishes a specific objective regarding the identification of areas at risk of child labour. The Committee requests the Government to provide detailed information on the regional measures and actions taken as part of the Regional Initiative for No Child Labour in Latin America and the Caribbean. It also requests the Government to continue providing detailed statistics on the nature, extent and trends of labour involving children and young persons who have not reached the minimum age specified by the Government at the time of ratification of the Convention, namely 15 years.

Article 3(1) and (2). Minimum age and determination of hazardous work. The Committee notes that, according to the Government’s report submitted in relation to the Worst Forms of Child Labour Convention, 1999 (No. 182), a bill is being drafted with a view to amending Act No. 8922 of 25 March 2011 on the participation of minors in public performances and in various activities in the fishing sector. The Committee requests the Government to provide information on any new developments regarding the planned legislative amendment and its application in practice.

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 31 August 2021.

Articles 3(d) and 7(2)(b) of the Convention. Worst forms of child labour and effective time-bound measures. Hazardous work and. . removing children from such work and ensuring their rehabilitation and social integration. Child domestic labour. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that the legislation on hazardous types of work is effectively enforced in order to prevent young domestic workers under 18 years of age from performing hazardous work, and to indicate the number and type of violations detected and the number of persons prosecuted. The Committee also asked the Government to indicate the effective and time-bound measures taken to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration.

The Committee notes the observations of the CTRN, which highlights the fact that child domestic work is often done without remuneration and is largely carried out by migrant children. The CTRN calls for a survey of child domestic labour to be carried out and for more comprehensive action by the Government.

The Committee also notes the statistics issued by the National Labour Inspectorate (DNI), which are contained in the Government’s report. Out of four cases of child domestic labour detected between January and June 2021, two cases are concerned with domestic work. The Committee notes that the United Nations Committee on the Rights of the Child, in its concluding observations of 4 March 2020 relating to the fifth and sixth periodic reports of Costa Rica, expressed concern at reports of the worst forms of child labour, particularly the employment of girls in domestic work and the employment of young persons in the informal economy. Noting the lack of information on the measures taken and the lack of statistical data on children in domestic work, the Committee once again requests the Government to provide detailed information on the measures taken to ensure that the legislation on hazardous types of work is effectively enforced in order to prevent young domestic workers under 18 years of age from performing hazardous work, and to indicate the number and type of violations detected and the number of persons prosecuted. Once again noting the absence of specific information on this point, the Committee also requests the Government to indicate the effective and time-bound measures taken to provide the necessary and appropriate direct assistance for the removal of these children from hazardous labour and for their rehabilitation and social integration.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee asked the Government to keep it informed of the drafting and adoption of Bill No. 19130 to reinforce the application of labour standards by empowering the labour inspectorate to impose penalties so as to eliminate the need to bring all cases before the judiciary. It also asked the Government to provide information on the other measures adopted to reinforce the labour inspection system and to ensure the effective enforcement of the legislation.

The Committee notes the observations of the CTRN, which considers that the already low number of labour inspectors in the DNI has decreased and also observes a decrease in the number of inspections carried out by the DNI. However, the Committee notes that the Government in its report highlights the 25 per cent increase since 2016 in the budget allocated to the DNI, which, according to the Government, has increased the total number of labour inspectors (from 88 in 2017 to 122 in 2018), of offences detected (from 20,398 in 2016 to 29,339 in 2018) and of employees monitored (from 200,645 in 2016 to 300,000 in 2018).

The Committee also notes that Bill No. 19130 has been replaced by Bill No. 21185, aimed at modernizing the inspection framework to facilitate the work of labour inspectors. The Bill proposes a system of administrative penalties for labour offences, depending on whether they are classified as minor, serious or very serious. A register of repeat offences will also be proposed. The Committee further notes the setting up of a labour inspection school in 2019. Moreover, it notes the strengthening of coordination between the various agencies linked to the labour market, such as the Costa Rican Social Security Fund (CCSS), the DNI and the National Insurance Institute (INS), in the context of the national strategy for the transition to the formal economy. The Committee therefore encourages the Government to continue its efforts to reinforce the labour inspectorate in order to improve labour inspectors’ capacity to identify the worst forms of child labour. It requests the Government to provide information in this regard and also the results achieved, including the penalties imposed. It further requests the Government to keep it informed with respect to the drafting and adoption of Bill No. 21185.

Article 6. Programmes of action. In its previous comments, the Committee asked the Government to continue providing information on the implementation of the programmes and measures envisaged to achieve the objectives of the 2015–20 roadmap, and on the statistics compiled through the integrated national information system on child labour.

The Committee notes that in 2018, according to the Government’s report, various actions contained in the roadmap were implemented, including: assisting children by means of monetary transfer programmes; training officials in a number of ministries; the signing of a cooperation agreement between the Ministry of Labour and Social Security and the trade unions in order to incorporate actions for combating child labour and the worst forms thereof in trade union policy objectives; and the creation of the network of enterprises for the elimination of child labour. Moreover, four new components were added to the Puente al Desarrollo II (“Bridge to development II”) national strategy, linking work, agriculture, the community and prevention to the social protection of communities and families. The Committee requests the Government to continue providing information on the implementation of programmes in progress, and on the statistics compiled through the integrated national information system on the worst forms of child labour, disaggregated by age and gender.

Article 7(2). Effective and time-bound measures. Clause (a) Preventing the engagement of children in the worst forms of child labour. Trafficking of children and commercial sexual exploitation of children. In its previous comments, the Committee asked the Government to provide information on the specific results achieved as a result of the various coordination measures taken by national and international institutions to prevent children from becoming victims of trafficking and commercial sexual exploitation.

The Committee notes the statistics on the trafficking and sexual exploitation of children communicated by the National Foundation for Children (PANI). In June 2020, PANI registered 20 children between 9 and 12 years of age as victims of sexual exploitation; these children received comprehensive care from non-governmental organizations.

The Committee also notes the process for updating the 2017 protocol on child labour through consultations held in collaboration with the International Organization for Migration (IOM), the National Coalition against Migrant Smuggling and Human Trafficking (CONATT), and various state entities, in order to reinforce the protocol at the internal level. The Committee also notes various training courses for civil servants carried out in 2019, and also the creation of an institutional technical committee to take action within the Ministry of Labour and Social Security to address the issue of trafficking in persons. The Committee encourages the Government to continue its efforts to prevent children becoming victims of commercial sexual exploitation and requests it to continue providing statistical data on cases of child victims of trafficking and sexual exploitation, disaggregated by age and gender.

Article 8. International cooperation and assistance. Trafficking for commercial sexual exploitation. In its previous comments, the Committee asked the Government to indicate in detail the activities undertaken by the bipartite commission responsible for establishing and coordinating mechanisms to provide protection for young migrants, and particularly its international cooperation and assistance activities, and to indicate the measures adopted by PANI to protect and repatriate young migrants. The Committee also asked the Government to provide statistics on the number of child victims who have been identified and then repatriated to their country of origin.

The Committee notes the statistics from PANI, in the Government’s report, concerning the repatriation by region of children between 2017 and June 2020. A total of 2,310 repatriations were carried out, with 309 in 2017, 770 in 2018, 767 in 2019, and 464 from January to June 2021. The Committee indicates that, according to the IOM World Migration Report 2020, one of the most prominent intraregional migration corridors involves Nicaraguans, Panamanians and nationals of other Central American countries moving to Costa Rica. The Committee therefore requests the Government to continue its efforts to protect and repatriate young migrants. It requests the Government to continue providing information on the activities undertaken, particularly its international cooperation and assistance activities. The Committee also requests the Government to provide detailed statistics on the number of child victims, disaggregated by age and gender, who have been identified and then repatriated to their country of origin.

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 31 August 2021.

Article 3(a) and (b) of the Convention. Worst forms of child labour. Sale and trafficking of children for commercial sexual exploitation; use, procuring or offering of a child for prostitution. The Committee previously requested the Government to intensify its efforts to ensure the thorough investigation and robust prosecution of persons who commit criminal acts such as the sale and trafficking of children for commercial sexual exploitation, and to ensure that assistance is provided to children in all cases. The Committee requested the Government to indicate the measures taken to implement the provisions of Act No. 9095 related to child victims of trafficking, and to indicate the number of investigations, prosecutions, convictions, and the penalties imposed in this regard.

The Committee notes that, according to CTRN, despite progress in combating the trafficking of children and young persons, the efforts made by the Government are inadequate, in view of the low number of convictions in cases of trafficking of children for commercial sexual exploitation.

The Committee notes, in the Government’s report, various amendments to the Penal Code concerning child victims of trafficking: (i) the amendment to Act No. 9685 of 21 May 2019, extending the limitation period for prosecutions in cases of sexual offences against minors; (ii) the amendment to sections 172 and 189 of Act No. 4573, increasing the length of prison sentences in cases of trafficking of children; and (iii) the amendment to section 5 of Act No. 9095 concerning the definition of types of trafficking to which children are subjected.

The Committee also notes that in 2018 the Office of the Deputy Prosecutor against trafficking in persons and migrant smuggling improved the institutional response at the local level, establishing “liaison prosecutors” in 23 territories in Costa Rica most affected by the trafficking of children. Local and inter-institutional teams for combating the trafficking of persons have also been set up, involving the prosecution authorities, the criminal investigation police, the Office for the Care and Protection of the Victims of Crimes, and the administrative, border and migration police forces in certain priority areas. The Committee notes that the Ministry of Public Education, as an active member of the National Coalition against Migrant Smuggling and Human Trafficking (CONATT), has developed a programme called “Training strategy for the teaching and student community for protection against child labour and its worst forms, trafficking in persons and migrant smuggling”. In 2019, a total of 553 persons were trained in these subjects by means of 20 workshops in seven regions of Costa Rica. CONATT also conducted awareness-raising courses for 500 local judiciary officials and representatives of civil society through the production of a training manual on offences related to the trafficking of persons for labour exploitation.

The Committee notes the different sources of statistical data between 2017 and 2019 concerning the trafficking of children for commercial sexual exploitation: (i) in 2017, the judiciary’s Directorate of Planning recorded a total of 137 complaints filed with the Public Prosecutor’s Office and the Judicial Investigation Agency, which resulted in 23 convictions and three acquittals; (ii) the 2019 report on the trafficking of persons indicates that the CONATT rapid response team recorded that there were two girls among 14 victims of trafficking for sexual exploitation; (iii) statistics for 2019 from the judiciary’s Gender-Based Violence Observatory, cited in the CTRN report, indicate a total of 32 victims of human trafficking (28 girls and four boys), 48 victims of pimping (36 girls and 12 boys), including nine cases of aggravated pimping and 58 cases of paid sexual relations with minors (44 girls and 14 boys); (iv) the 2019 report from the Directorate-General for Migration and Foreigners on trafficking in persons, which is attached to the Government’s report, indicates that out of 62 trafficking victims, two girls were victims of sexual exploitation and two girls were victims of domestic servitude. The Committee welcomes the Government’s efforts to combat the trafficking and commercial sexual exploitation of children. The Committee requests the Government to continue providing detailed information on the number of investigations, prosecutions, convictions and penalties imposed in this regard.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Preventing children from becoming engaged in the worst forms of child labour and ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee previously asked the Government to intensify its efforts to improve the operation of the education system through the Avancemos (“Let’s move forward”) and Yo me apunto (“I’m enrolling”) programmes to increase the school attendance and completion rates. It also asked the Government to indicate the results achieved through these two programmes and the National Scholarship Fund (FONABE), including the number of children, disaggregated by age and gender, who have been removed from the worst forms of child labour and reintegrated into the education system as a result of these programmes.

The Committee notes the indication in the Government’s report that the number of working minors aged between 5 and 17 years has decreased as a result of the coordination of different actions such as: (i) the Puente al Desarrollo II (“Bridge to development II”) national strategy; (ii) the use of scholarships and conditional money transfers enabling students to remain in the education system; (iii) a cooperation agreement between the Joint Social Assistance Institute (IMAS) and the Ministry of Labour and Social Security; and (iv) the Yo me apunto programme of the Ministry of Public Education. The Government also refers to a reduction in the child employment rate, which also coincides with an increase in the integration of persons under 18 years of age in the education system, compared with 2011.

The Committee also notes that, according to IMAS data for 2019, bursary funds and items for nursery and primary schools from FONABE have been transferred to IMAS for the purpose of a conditional monetary transfer programme called Crecemos (“We’re growing”), set up in 2019. A total of 188,960 children under 12 years of age and a total of 19,216 children between 13 and 18 years of age have been the beneficiaries of this programme. The Committee also notes the statistics of the Avancemos programme: the number of beneficiary children under 12 years of age was 60 in 2017; 88 in 2018; and 68 in 2019; as regards children between 13 and 18 years of age, the number of beneficiaries was 153,839 in 2017; 151,028 in 2018; and 148,696 in 2019. In 2020, a total of 157 children (48 girls and 109 boys) also benefited from this programme. While noting the Government’s efforts to improve access to free basic education for the most vulnerable children, to prevent their involvement in the worst forms of child labour, the Committee requests the Government to provide information on the school enrolment, attendance and completion rates in primary and secondary education, and also the school drop-out rate, including for the most vulnerable children. The Committee also requests the Government to indicate the number of children, disaggregated by age and gender, who have been removed from the worst forms of child labour and reintegrated in the education system through these programmes.

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020) which concerns matters addressed in the direct request, which accompanies this observation.

The Committee also notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) transmitted by the Government, as well as the observations of the International Trade Union Confederation (ITUC), received on 16 September 2020, the Confederation of Workers Rerum Novarum (CTRN) and the National Association of Nursing Professionals (ANPE), both received on 30 September 2020, all relating to the matters raised by the Committee in its direct request. The Committee requests the Government to provide its comments in relation to the observations of the CTRN, ITUC and ANPE, as well as in relation to the observations of the CTRN of 2019.

The Committee reiterates the content of its observation adopted in 2019, which is repeated below.

In its latest comment, the Committee took note of the adoption of the Labour Proceedings Reform Act No. 9343 and noted with satisfaction that the Act amended the percentage of workers required to declare a strike. The Committee notes the Government’s indication that, in November 2017, Executive Decree No. 40749 was issued, which regulates the call to vote required in order to exercise the right to strike, in accordance with the provisions of the Labour Proceedings Reform Act.

Pending legislative issues. Articles 2 and 4 of the Convention. The Committee recalls that for years its comments have referred to the following issues:

-Registration of trade unions and acquisition of legal personality. The Committee indicated to the Government the need to amend section 344 of the Labour Code to establish a short, specific period for the administrative authority to reach a decision on the registration of trade unions, after which, in the absence of a decision, they are deemed to have obtained legal personality. In this regard, the Committee notes the Government’s indication that, although this situation has been remedied both in practice and in administrative law, the Committee’s comments will be taken into account.
-Right of organizations freely to elect their representatives. Obligation for the trade union assembly to appoint the executive board each year (section 346(a) of the Labour Code). The Committee has drawn the attention of the Government to the need to amend section 346(a) of the Labour Code, which requires the executive board of trade unions to be appointed every year. In this regard, the Committee notes the Government’s indication that although this article has not been amended, the Register of Civil Organizations does not apply this provision and the Ministry of Labour and Social Security, in practice, guarantees organizations full autonomy in determining the term of their executive boards.
-Prohibition on foreigners from holding office or exercising authority in trade unions (article 60(2) of the Constitution and section 345(e) of the Labour Code). The Committee indicated to the Government the need to amend article 60(2) of the Constitution and section 345(e) of the Labour Code, which prohibit foreigners from holding office or exercising authority in trade unions. The Committee recalls that a proposed constitutional reform had been submitted to the plenary of the Legislative Assembly to resolve this issue (legislative file No. 17804). The Committee notes the Government’s indication that the above-mentioned proposed constitutional reform was shelved on 17 October 2018. The Government indicates that this decision followed a decision made by the Speaker of the Legislative Assembly, who ordered that bills that had exceeded the four-year deadline on that date should be shelved, in conformity with section 119 of the Regulations of the Legislative Assembly. The Government also indicates that it will undertake an assessment to consider the submission of a new constitutional reform proposal in the terms referred to by the Committee. The Government adds that, in practice, the Department of Civil Organizations in the Ministry of Labour and Social Security registers the appointment of foreigners to the executive bodies of trade unions when it is demonstrated that they comply with the legal requirements.

Observing that no specific progress has been made in relation to the matters indicated, the Committee once again requests the Government to take all necessary measures to amend the above-mentioned provisions of the Labour Code and the Constitution in conformity with the Convention, as well as with the practice followed by the authorities. It requests the Government to provide information on developments in this respect.

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

Article 3 of the Convention. Right of organizations to freely organize their activities and formulate their programmes. The Committee recalls that it has for years been indicating to the Government the need to remove the prohibition of the right to strike from workers engaged in rail, maritime and air transport enterprises and workers engaged in loading and unloading on docks and quays established under section 376(c) of the Labour Code. In its previous comments, the Committee noted that: (i) as reported by the Government, the Constitutional Chamber of the Supreme Court of Justice found section 376(a), (b) and (e) of the Labour Code on the prohibition of strikes in the public services to be unconstitutional (ruling No. 01317-1998) and (ii) the Labour Proceedings Reform Act did not amend section 376 of the Labour Code.

In its previous comment, the Committee noted that the Government, in its report, reiterated that the question of section 376(c) of the Labour Code had been examined by the Constitutional Chamber in the context of ruling No. 01317-1998 and that the national legislation was in conformity with that decision. The Committee noted, nevertheless, that in their observations, the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Union of Chambers and Associations of Private Enterprises (UCCAEP) and the International Organisation of Employers (IOE) indicated that Bill No. 21049 on the provision of legal security during strikes and associated procedures, which seeks, inter alia, to amend section 376(c) of the Labour Code, was at that time being debated in Parliament. The Committee also noted that on 25 October 2019, the Constitutional Chamber of the Supreme Court of Justice had issued a decision in relation to an advisory legislative consultation on Bill No. 21049. The Committee noted the text of the Bill and, after commenting on several of its provisions, requested the Government to take all necessary measures to ensure conformity of the legislation and any legislative reforms with the Convention.

The Committee notes that, in its supplementary report, the Government indicates that Act No. 9808 on the provision of legal security during strikes and associated procedures, legislative file No. 21049, was enacted on 21 January 2020. The Government indicates that: (i) the Parliamentary committee responsible for drawing up the Act met with hundreds of social actors and most representative trade unions, which led to the text being refined and, in certain cases, agreed; (ii) the aforementioned committee also received hundreds of amendment proposals from the Legislative Assembly, which were accepted, rejected or withdrawn; and (iii) following certain adjustments owing to constitutional inconsistencies in some areas, the Bill was approved in second debate on 16 January 2020 and was enacted on 21 January of the same year. The Committee notes that, while the UCCAEP indicates in its observations that it fully supported the Act as it considers that it introduced new regulations on strikes, the CTRN, the International Trade Union Confederation (ITUC) and the National Business Association (ANEP) consider that the Act is extremely regressive on the right to strike, thus violating the Convention.

The Committee welcomes the fact that, in line with what the ILO supervisory bodies have consistently maintained, the amended version of section 376 of the Labour Code contained in the Act defines essential public services as those services the suspension, interruption or shutdown of which could cause significant harm to the rights to life, health and public safety. The Committee notes, however, that the section concerned contains a list of essential public services where strike action is prohibited and observes that some of these do not constitute essential services in the strict sense of the term, such as transport services in general, including rail and sea transport, loading and unloading services for perishable foodstuffs, pharmacies, scheduled medical appointments and care, as well as fuel distribution. The Committee recalls that while what is meant by essential services in the strict sense of the word depends to a large extent upon the particular circumstances in each country, the definitive criterion for the classification of essential services in the strict sense is the existence of a clear and present threat to the life, safety or health of all or part of the population. The Committee further recalls that, in situations in which a substantial restriction or total prohibition of strike action would not appear to be justified and where, without calling into question the right to strike of the large majority of workers, consideration might be given to ensuring that users’ basic needs are met or that facilities operate safely or without interruption, the introduction of a negotiated minimum service, as a possible alternative to a total prohibition of strikes, could be appropriate (see the 2012 General Survey on the fundamental Conventions, paragraph 136).

The Committee also notes that the amended version of section 376ter of the Code lists services of vital importance, defined as those the suspension or stoppage of which, due to their strategic importance for the socio-economic development of the country, would entail significant damage to the living conditions of all or part of the population. The Committee notes that the above-mentioned section provides that the holding of a strike in services of vital importance shall be conditional upon the provision of minimum services defined through an agreement between the parties and that the maximum duration of a strike in those services shall be 10 calendar days (21 days in education services, or 10 intermittent days), after which if no agreement resolving the conflict is reached the matter shall be referred for binding arbitration. In this regard, the Committee considers that recourse to compulsory arbitration to bring an end to a collective labour dispute and a strike is only acceptable under certain circumstances, namely: (i) when the two parties to the dispute so agree; or (ii) when the strike in question may be restricted, or even prohibited, that is: (a) in the case of disputes concerning public servants exercising authority in the name of the State; (b) in conflicts in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, but only for a limited period of time and to the extent necessary to meet the requirements of the situation. Accordingly, the existence of protracted disputes and the failure of conciliation are not per se elements which justify the imposition of compulsory arbitration (see the 2012 General Survey on the fundamental Conventions, paragraph 153).

With regard to loading and unloading services on docks and quays, the Committee notes that the Act classifies the loading and unloading of medicines, medical supplies or equipment and perishable goods as essential services and the loading and unloading of other goods on docks and quays as services of vital importance. The Committee recalls that it would be possible to establish a minimum service for all loading and unloading services in docks and quays that would ensure public access to medicines and medical equipment.

Furthermore, the Committee reiterates its unease in relation to the amendments introduced by the Act to the following provisions of the Labour Code:

-section 371, imposing a maximum duration of 48 hours for strikes held in protest against public policies, whenever these have a direct impact on the economic and social interests of workers. In this regard, the Committee notes that in its observations, the ANPE states that this limitation on the duration of the strike is not in harmony with freedom of association since, in addition, by setting a totally unreasonable and disproportionate time limit, it is implied that, by default, the effectiveness of the measure of pressure inherent in a strike is quashed. The Committee also recalls that the CTRN, the UCCAEP and the IOE mentioned that in 2018, following the adoption of a Bill on tax reform, the longest strike in the history of the country took place, lasting almost three months. According to the CTRN, this was a strike against public policies that was not covered by the Labour Code and in respect of which the Government filed a number of applications to have the strike declared illegal;
-section 378, according to which a strike may under no circumstances be repeated for the same reasons as a previous strike; and
-section 661bis, which provides that, in cases where the strike has been held in non-essential public services and has been declared legal, if eight calendar days have elapsed from the date of that declaration without the parties resolving the conflict, or at least reaching an agreement to set it aside while continuing negotiations, the employer may request the court to suspend the strike if it establishes reliably that the strike is causing serious harm to the public that would be difficult or impossible to repair. In this regard, the Committee recalls that the suspension of a strike should be limited to situations in which a non-essential service becomes essential, in so far as the duration or scope of the strike endangers the life, personal safety or health of the whole or part of the population (see the 2012 General Survey on the fundamental Conventions, paragraph 131).

Lastly, the Committee noted that in its above-mentioned decision of 25 October 2019, the Constitutional Chamber of the Supreme Court of Justice found an unconstitutional flaw in relation to Bill No. 21049, in as much as it seeks to add to section 350 of the Labour Code grounds for the dissolution of trade unions for the criminal conduct of their leaders. The Committee noted that the Constitutional Chamber emphasized in its decision that the individual and entirely personal criminal responsibility of trade union leaders could not be transferred to the trade union as a whole. The Committee notes with interest that the Act did not introduce this reform into section 350 of the Labour Code.

The Committee firmly hopes that, in the light of the foregoing comments, the Government, in consultation with the social partners, will take the necessary measures to ensure the conformity of the legislation with the Convention. The Committee requests the Government to provide information in this respect and reminds it that the technical assistance of the Office remains at its disposal in order to contribute to bringing the legislation into full conformity with the Convention.

Application of the Convention in practice. The Committee recalls that in its last direct request it asked the Government to continue providing information on the inspections carried out in the pineapple and banana sectors, as well as on the complaints submitted for violations of trade union rights in those sectors. The Committee notes the statistical information provided by the Government and welcomes the fact that whereas during the period 2016–17 a total of 72 inspections were carried out in the banana sector and 93 in the pineapple sector, during the period 2018–19, 317 inspections were carried out in the banana sector and 109 in the pineapple sector. The Committee also notes that between 2016 and 2019, the Labour Inspection Service dealt with 12 cases of anti-union harassment and unfair labour practice in the banana sector, as well as five cases in the pineapple sector. The Committee notes, however, that it is unclear from the information provided whether the inspections were carried out on a routine basis or following a complaint, or what prompted the inspections. The number of cases in which a violation of trade union rights was established is also unclear from the information provided. Noting that, in its observations, the CTRN alleges violations of the trade union rights of workers in the above-mentioned sectors, a situation which has worsened as a result of the COVID-19 pandemic, the Committee encourages the Government to ensure that the Labour Inspection Service continues to carry out inspections in the pineapple and banana sectors in order to ensure respect for trade union rights. The Committee also requests the Government to continue to provide detailed information on the inspections carried out, indicating whether they are carried out on a routine basis or based on a request, as well as on complaints submitted for violations of trade union rights in those sectors, indicating the outcome of those complaints including the number and nature of any violations found and sanctions imposed.

The Committee notes the observations of the Workers' Union of Banco Popular (SIBANPO), the Confederation of Workers Rerum Novarum (CTRN), as well as the joint observations of Juanito Mora Porras Trade Union Federation (CSJMP) and the National Association of Nursing Professionals (ANPE) received on 29 and 30 September, and 1 October 2020 respectively. The Committee notes that, in addition to addressing the matters examined in this comment, the observations refer to the impact that Act No. 9635 on strengthening public finances, in force since July 2019, and Bill No. 21336 on public employment would have on the exercise of the rights guaranteed by the Convention. Noting the repeated observations of trade union organizations denouncing the restrictions that run counter to the Convention to the right to collective bargaining of public servants not engaged in the administration of the State, the Committee requests the Government to provide its comments in this respect. It also requests it to provide information on the development of the aforementioned Bill on public employment and trusts that within its framework the guarantees of the Convention will be taken fully into account.

As it has not received supplementary information from the Government, the Committee reiterates the content of its comment adopted in 2019 and repeated as follows:

The Committee notes the Government’s replies to the 2014 observations of the International Trade Union Confederation (ITUC) and the 2016 observations of the CTRN. The Committee also notes the detailed observations of the CTRN, received on 31 August 2019, related to matters addressed by the Committee in the present comment. The Committee further notes the joint observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) and the International Organisation of Employers (IOE), received on 2 September 2019, and notes the Government’s reply to those observations.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its most recent comment, the Committee noted with satisfaction that Act No. 9343 on reforming labour procedures, which entered into force in July 2017, introduced amendments with the objective of making judicial procedures relating to acts of anti union discrimination more expeditious and effective. The Committee notes the Government’s indication that this Act introduced a special, expedited and preventive procedure for cases of anti-union discrimination, which are dealt with as a matter of priority and following a specific procedure, both by the administrative and judicial authorities. The Committee notes the statistical data provided by the Government and notes that: (i) between 2016 and 2019, the labour inspectorate processed a total of 67 cases of anti-union harassment or unfair labour practices; (ii) the procedures for these cases were before the administrative authorities for 104 days on average; (iii) between July 2017 and May 2019, a total of 207 files related to special protection cases were submitted to the judicial authorities, 59 of which were for anti-union discrimination; and (iv) on average, procedures for anti-union discrimination cases were before the judicial authorities for 128 days, from the submission of the file until the ruling of the Second Chamber of the Supreme Court of Justice. Recalling that, in previous years, the Committee noted that the slowness of procedures in cases of anti union discrimination resulted in a period of not less than four years being required to obtain a final court ruling, the Committee notes with satisfaction the statistical information provided by the Government, which bears witness to the practical impact of the procedural reform. The Committee also notes that the Government hopes to be able to provide information on the nature of the penalties and compensation at a later date. The Committee, encouraged by the developments regarding the length of procedures, requests the Government to continue providing statistics on the number of cases of discrimination examined and the length of the procedures, and also to provide information on the nature of the penalties and compensation imposed.

Article 4. Collective bargaining in the public sector. Public servants not engaged in the administration of the State. The Committee recalls that, for many years, it has been expressing concern with regard to the frequent use of legal actions for unconstitutionality to challenge the validity of collective agreements concluded in the public sector. In its last comment, the Committee had taken note that the Office of the Comptroller General of the Republic had lodged a legal action for unconstitutionality against a collective agreement of a public sector bank and that the legal action was still pending. The Committee notes that this issue was examined recently by the Committee on Freedom of Association in Case No. 3243 and refers to the recommendations made by that Committee in its 391st report of October 2019. The Committee also notes the Government’s indication that it is continuing to implement the policy for the revision of collective agreements in the public sector, initiated in 2014, with the objective of avoiding recourse to legal procedures and seeking, through social dialogue, to streamline and adapt them to the country’s fiscal reality and austerity policy. The Government further indicates that the parties, after denouncing their collective agreements, renegotiate a new agreement, in line with the parameters of reasonableness and proportionality established by the Constitutional Chamber, which diminishes the possibility of the collective agreements being challenged later through constitutional action. In this regard, the Government reports that, during 2018 and until May 2019, the Department of Labour Relations of the Directorate of Labour Affairs approved 19 collective agreements in the public sector. The Committee also notes that, in its observations, the CTRN denounces a series of violations to the right of public servants to negotiate collectively their terms and conditions of employment. The Committee notes that the issues to which the CTRN refers to in its observations, coincide with the issues that are the subject of a representation made under article 24 of the ILO Constitution, which is pending.

The Committee emphasizes that, for many years it has been examining a number of obstacles to the full implementation of Article 4 of the Convention in the country’s public sector. The Committee recalls, in this regard, that all workers in the public sector who are not engaged in the administration of the State (for example, employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers and transport sector personnel) shall enjoy the right to collective bargaining, including with respect to wages, and that while the special characteristics of the public service require some flexibility, there are mechanisms through which compliance with budgetary limitations can be reconciled with the recognition of the right to collective bargaining.

Recalling its previous observations, the Committee trusts that the Government, in consultation with the representative trade unions in the sector, will take the measures at its disposal to strengthen the right to collective bargaining of public servants not engaged in the administration of the State. The Committee requests the Government to report on any action taken in this regard.

Direct agreements with non-unionized workers. In its previous comments, the Committee noted with concern that, while the number of collective agreements in the private sector remained very low, the number of direct agreements with non-unionized workers was very high. The Committee also noted Ruling No. 12457-2011, which confirmed that direct agreements could not prejudice the negotiation of collective agreements and, consequently, the exercise of freedom of association. In this respect, the Committee notes the Government’s indication that compliance with this ruling is mandatory, for both the administrative and judicial authorities and that, accordingly, on 2 May 2012, the labour inspectorate issued Circular No. 018-12, addressed to all the officials of the labour inspectorate, indicating that, in the event that there is a trade union organization and a permanent workers’ committee, the inspector shall ensure that there is no violation of freedom of association, and in the event of any conflict or discord that warrants any type of negotiation or conciliation, the inspector shall inform the Directorate of Labour Affairs so that it may follow the applicable procedure under the terms of Ruling No. 12457-2011. The Committee takes note of the statistical data provided by the Government and notes that: (i) between 2014 and April 2019, an average of 30 collective agreements per year were concluded in the private sector and 80 collective agreements per year in the public sector; and (ii) in the period from 2014 to August 2018, an average of 160 direct agreements per year were concluded. The Committee also notes that, while in 2018 some 83 collective agreements were concluded in the public sector and 33 collective agreements in the private sector, covering 153,037 and 14,346 workers respectively, in the same year, 180 direct agreements were concluded, covering 48,239 workers. The Commission further notes that the number of direct agreements has increased over the years: from 118 direct agreements in 2014, to 180 direct agreements in 2018. The Committee recalls that it has always considered that direct bargaining between the enterprise and unorganized groups of workers, in avoidance of workers’ organizations, where they exist, is not in accordance with the promotion of collective bargaining, as set out in Article 4 of the Convention. The Committee has also noted that in practice the negotiation of terms and conditions of employment and work by groups which do not fulfil the guarantees required to be considered workers’ organizations can be used to undermine the exercise of freedom of association and weaken the existence of workers’ organizations with the capacity to defend the interests of workers independently through collective bargaining. Noting that the number of direct agreements has increased considerably in comparison to the number of collective agreements in the private sector, the Committee requests the Government to take all necessary measures, including of a legislative nature, to step up the promotion of collective bargaining with trade union organizations within the meaning of the Convention. The Committee also requests the Government to provide information on the impact of Circular No. 018-12 of the Labour Inspectorate, as well as any other measures adopted in light of Ruling No. 12457-2011.

The Committee notes the observations formulated by the International Organisation of Employers (IOE) and the Costa Rican Federation of Chambers and Associations of Private Enterprises (UCCAEP), received on 4 September 2019, as well as the Government’s reply to those observations.

Article 2 of the Convention. Permanent and regular employment. Further to its previous comments in which it requested the Government to provide up-to-date information on the measures taken to promote permanent employment in ports, the Committee notes the observations formulated by the OIE and the UCCAEP, which express their deep concern at the high unemployment rate in the Limón region and the apparent lack of willingness of the authorities to attract further investment. They indicate, however, that the launch of the operation of the Limón container terminal, and the construction of an additional terminal that will increase the capacity of cargo freight, offer more job opportunities. Lastly, they request the institutional transformation of the Board for Port Administration and Economic Development of the Atlantic Coast (JAPDEVA) in order to seek a clear proposal for its 1,180 public workers. In this regard, they refer to the Bill before the Legislative Assembly proposing that certain workers may benefit from the early retirement scheme or request their horizontal transfer to other institutions of the central and decentralized administration.

The Committee notes the Government’s reply indicating that the Costa Rican Pacific Ports Institute (INCOP) and JAPDEVA have adequate mechanisms to ensure the employment and working conditions of dockworkers. Although it considers that the issue of the development of the Limón region surpasses the strict framework of the port sector, the Government reports the actions promoted by the Caribbean Round Table, which is a social dialogue body established for the development and social inclusion of the province of Limón, supported by the ILO Costa Rica Office. The Government also refers to the Immediate Response Plan, aimed at supporting priority populations with subsidies allocated to specifically target workers affected by mass dismissals, closures or changes to the operations in the province. With respect to the port sector, the Government indicates that six fairs were organized, with the support of the Ministry of Labour and Social Security, for JAPDEVA workers, to bring together public workers who expressed interest in being transferred to other independent institutions. In addition, after several meetings with representatives of the JAPDEVA workers’ union (SINTRAJAP), an agreement was reached on measures to protect workers' job security. These commitments were set forth in the Bill on the modernization of JAPDEVA and the protection of its employees (legislative dossier No. 21,426). This Bill proposes several measures, including horizontal transfer towards other bodies, the right to early retirement and an incentive for institutional transformation. The Committee requests the Government to continue providing up-to-date information on the measures taken to promote permanent and regular employment of dockworkers in all the country’s ports. With regard to the situation in Limón port, the Committee requests the Government to report on the impact of the employment support activities carried out by the authorities and of the expansion of the terminals on dockworkers’ jobs, and to specify changes in the size of the workforce. Lastly, it requests the Government to report on the implementation of the Bill on the modernization of JAPDEVA and the protection of its employees, once it has been adopted.

Article 5. Cooperation with the social partners. Further to its previous comments, the Committee notes the information provided on the cooperation of INCOP and JAPDEVA with the representative dockworkers’ organizations. The Committee requests the Government to continue providing up-to-date information on the cooperation of INCOP and JAPDEVA with the dockworkers’ organizations, with a view to improving labour efficiency in the country’s ports, including information on cooperation with the social partners in the implementation of the Bill on the modernization of JAPDEVA and the protection of its employees, once it has been adopted.

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

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

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee has been referring for nearly three decades to the need to amend article 57 of the National Constitution, which provides that; “Wages shall always be equal for equal work under identical conditions of efficiency”, and section 167 of the Labour Code, which provides that “Equal wages shall be paid for equal work performed in the same job and under equal conditions of efficiency and working time, including daily payments, remuneration received, services such as housing and any other benefits granted to workers in exchange for their regular work.” The Committee recalls that the principle of equal remuneration for equal work set out in these legislative provisions is more limited than the principle of equal remuneration for men and women for work of equal value provided for in the Convention. The Committee notes the Government’s indication in its report that these regulatory provisions define qualities and characteristics that respect the principle of the Convention, as they were developed on the basis of objective criteria, and divided into occupational profiles that include jobs of an entirely different nature with no distinction of any kind. The Government adds that the above-mentioned occupational profiles are based on a detailed study and in accordance with specific labour conditions, considering various aspects, including environmental factors, complexity, difficulty, responsibility, consequences of errors, required experience and risk. In this respect, the Committee wishes to stress that, whatever the methods used for the objective evaluation of jobs, special care must be taken to guarantee that they are free from gender bias. It is important to ensure that the selection of factors for comparison, the weighting of those factors and the comparison itself are not discriminatory, whether directly or indirectly. Often, capacities considered to be “feminine”, such as manual dexterity and skills related to caring for people, are undervalued or not even taken into account, in comparison with traditionally “masculine” capacities, such as the handling of heavy objects. Noting with regret that section 167 of the Labour Code has still not been amended, the Committee urges the Government to take the necessary measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to ensure that the methods of evaluation adopted are free from gender bias.

Articles 1 and 2. Gender pay gap and occupational segregation. In its previous comments, the Committee referred to the significant pay gap (20 per cent on average, and up to 39 per cent in certain sectors, such as manufacturing), and the high level of occupational segregation on the basis of gender that exists in the country. In this respect, the Committee notes that the Government has provided information on the current trends in the gender pay gap by branch of economic activity and level of employment, which shows that, with regard to horizontal segregation, in 2017 in service activities, for each Costa Rican colons (CRC) earned by a woman, a man earned CRC1.88, meaning that men earned 88 per cent more than women in the same branch of economic activity. Similarly, in sectors such as agriculture, forestry, fishing and manufacturing, the wage gaps were CRC1.16 and CRC1.23 in the same period. Regarding vertical segregation by occupational group, in 2017, for directors and managers the gap was CRC1.42, for professionals and scientists it was 1.02 and for officials and workers it was 1.43. Furthermore, the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers’ Movement Confederation (CMTC) and the Juanito Mora Porras Trade Union Federation (CSJMP), report that a woman with a postgraduate degree barely earns the average salary of a man with an undergraduate degree. The Government indicates that the explanation for this gap lies in the low representation of women in the above-mentioned sectors and groups. The Committee notes that the Government recognizes these differences and indicates that it is taking measures to address them. Among those measures is the Plan of Action and Public Policy for Gender Equality and Equity (PIEG), the second Institutional Plan of Action for Gender Equality and Equity (2016–20) and the gender equality label and the award for good labour practices for gender equality. In 2017, the first label was granted and 15 awards for good gender equality practices were issued. The foundations are also being laid for the implementation of the National Policy for Effective Equality between Women and Men in Costa Rica (2018–30). Furthermore, the Committee notes that in April 2019, the State ratified the Inter-American Convention Against All Forms of Discrimination and Intolerance. The Committee observes that, despite all these initiatives, the figures provided by the Government between 2010 and 2017 demonstrate a consistent gender pay gap. The Committee further notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern about the persistence of occupational segregation, the concentration of women in low-paid jobs and the significant gender wage gap (document CEDAW/C/CRI/CO/7, 24 July 2017, paragraph 28(a)). Under these conditions, the Committee requests the Government to provide detailed information on the specific measures adopted or envisaged to more effectively address the structural causes of wage gaps between men and women and to promote the principle of the Convention. In this respect, the Government is requested to provide information on the impact in practice of the activities undertaken to reduce wage gaps between men and women, such as education and training measures for women to enable them to access a wider range of jobs with career prospects and higher salaries, including in sectors dominated by men. The Committee requests the Government to continue providing detailed statistical information on the levels of remuneration in the various economic sectors, disaggregated by sex and occupational category, so that it can evaluate the progress made.

The Committee has also noted that in the list of minimum wages by sector the denominations of occupations are given in a generic masculine form, with the exception of certain occupations, such as hairdresser, maid, secretary, weaver, seamstress, manicurist and child minder, which are expressed in the feminine form. In this regard, the Committee notes the Government’s indication that the National Wage Council agreed on a tripartite basis to amend the proposed list of minimum wages to incorporate inclusive terminology and a gender focus, without confusing activities with occupations. The Committee hopes that the changes will be made without delay and requests the Government to communicate the changes made to the lists of minimum wages that include the removal of the denomination of occupations and jobs with gender connotations.

Application in practice. In its previous comments, the Committee requested the Government to indicate the results of inspections carried out with a gender perspective and to provide information on whether they had detected cases or received complaints of wage discrimination between men and women, and the circumstances, categories of employment and measures adopted in that regard. The Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Nevertheless, the Committee requests the Government to report whether labour inspectors have detected cases or received complaints of wage discrimination between men and women, with an indication of the categories of employment and the corrective measures adopted in that regard.

Part VI (Employment injury benefit), Articles 36 and 38 of the Convention. Duration of benefit. In its previous comment, the Committee expressed the hope that the Government would take the necessary measures to ensure the payment of periodical benefits throughout the contingency in cases of permanent partial disability in excess of 25 per cent. The Committee notes the Government’s indication in its report that the minimum loss of earning capacity to receive periodic benefits for permanent disability is 0.5 per cent. However, the Committee observes that in the event of permanent disability leading to a loss of earning capacity of 0.5–50 per cent, payments are limited to five years and for a loss of earning capacity of 50–67 per cent payments are limited to ten years (sections 223, 238 and 239 of the Labour Code). Under the national legislation, periodical payments throughout the contingency are paid only for permanent disability with a loss of earning capacity of 67 per cent or higher (lifelong annual payments, section 240 of the Labour Code). The Committee recalls that not only does Article 36 require the benefit to be a periodical payment but Article 38 also provides that the periodical payment under Article 36 shall be granted throughout the contingency. However, Article 36(3) of the Convention allows for the periodical payment to be commuted for a lump sum where the degree of incapacity is slight (which the Committee has always considered to mean not more than 25 per cent) or where the competent authority is satisfied that the lump sum will be properly utilized. The Committee reiterates its hope that the Government will take the necessary measures to ensure the payment of periodical benefits throughout the contingency in the case of permanent partial disability, at least when these benefits are granted for a degree of incapacity that is not slight.

Part VII (Family benefit), Article 44. In its previous comment, the Committee expressed the hope that the Government would be in a position to calculate the total value of family benefit. The Committee notes the Government’s indication that internal arrangements have been made for this purpose to collaborate with the national agencies that provide cash benefits as part of social security and to analyse these aspects in light of Article 44 of the Convention. The Committee requests the Government to provide information on the total value of family benefits granted in accordance with the provisions of Article 44 of the Convention.

Article 1(1)(a) of the Convention. Legislation. The Committee requested the Government to provide information on the inclusion of colour in the list of grounds of discrimination prohibited by the Labour Code. In this regard, the Committee notes the Government’s indication in its report that section 1 of Act No. 2694 of 22 November 1960 prohibiting discrimination at work expressly prohibits “any kind of discrimination, defined as distinctions, exclusions or preferences, on the grounds of race, colour, sex, age, religion, civil status, political opinion, national extraction, social origin, filiation or economic situation, that limits equality of opportunity or treatment in employment or occupation”. The Committee also notes that the Government reports the adoption of Legislative Decree No. 9343/2015 reforming labour procedures and amending the Labour Code, section 404 of which expands the grounds of discrimination to include, from 25 July 2017, “the grounds of age, ethnicity, gender, religion, sex, race, sexual orientation, civil status, political opinion, national extraction, social origin, filiation, disability, trade union membership, economic situation or any other similar form of discrimination …”. Furthermore, the Committee notes with interest that, in April 2019, Costa Rica ratified the Inter-American Convention against all Forms of Discrimination and Intolerance, which contains a broad definition of discrimination that encompasses grounds of any nature.

Sexual harassment. In its previous comments, the Committee requested the Government to report the number of complaints of sexual harassment lodged with the labour inspectorate and the judiciary, the actions taken, the penalties imposed and remedies awarded. The Committee notes the Government’s information regarding a special procedure in the procedural handbook of the labour inspectorate for addressing cases of workplace and sexual harassment, in accordance with the provisions of Act No. 7476 of 3 February 1995 against sexual harassment in employment and education. The Government reports that, in 2017, the National Labour Inspection Directorate dealt with more than 900 special cases in relation to discrimination issues, of which 27 were cases of sexual harassment. The Committee requests the Government to report on the number of complaints of sexual harassment lodged with the labour inspectorate and the judiciary, the actions taken, the penalties imposed and remedies awarded.

Article 1(1)(b). Real or perceived HIV status. The Committee noted the Government’s indication concerning the legislative initiative to amend the General HIV and AIDS Act (Act No. 7771 of 29 April 1998) to afford greater protection against discrimination on the grounds of HIV and AIDS status and requested the Government to report any progress in that respect. The Committee notes the Government’s indication that the four-year period for the approval of the draft amendment to the General HIV and AIDS Act has expired and any deputy who wishes could request its consideration, which would lead to it being included once again on the agenda of the Legislative Assembly. Moreover, the Committee requested information from the Government on the awareness-raising measures related to the application of legislation on HIV and AIDS in the public and private sectors, and developments in the adoption of a policy for preventing and addressing HIV and AIDS. In this respect, the Committee notes the information from the Government on the development of the National Strategic Plan (2016–21) by the National Council for Comprehensive Action on HIV and AIDS (CONASIDA), which is composed of the Government, the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), the United Nations and non-governmental organizations. The Government indicates that strategic action 1.1.5 of the National Strategic Plan is based on the “Directive for preventing and addressing HIV and AIDS in the world of work”. As a result, CONASIDA, cooperation agencies and the Business Association for Development, established partnerships with private enterprises for the development of policies in 39 enterprises. Similarly, the Government reports that the Business Association for Development produced a “toolbox” with a view to the Ministry of Labour and Social Security (MTSS) encouraging the business sector to develop policies and training measures. Furthermore, the MTSS adopted the Policy for Preventing and Addressing HIV and AIDS (2014–19), aimed at recognizing HIV and AIDS as a workplace issue, an adequate response to which requires the participation of employers’ and workers’ organizations. The Committee requests the Government to report on any amendments of the General HIV and AIDS Act. The Committee also requests the Government to provide information on: (i) the impact of the measures adopted under the Policy for Preventing and Addressing HIV and AIDS (2014–19) on the integration of HIV-positive workers into the labour market and their conditions of work (including initiatives adopted to combat stereotypes and prejudices with a view to eliminating discrimination on the grounds of real or perceived HIV status); (ii) any cases heard by the courts or brought to the attention of the Labour Inspectorate relating to non-respect of the prohibition of discrimination against men or women workers who are, or are perceived to be, HIV-positive, throughout the employment cycle (hiring, retention, vocational development and return to work); and (iii) any measures adopted or envisaged to combat the discrimination and stigmatization of persons living with HIV or AIDS in the public sector.

Articles 2 and 3. National gender equality policy. In its previous comments, the Committee requested the Government, in accordance with Article 3(f) of the Convention, to provide specific information on the effectiveness of the measures adopted and the results achieved regarding the inclusion of indigenous men and women and those of African descent in the labour market and the development and recognition of their traditional occupations. The Committee also requested the Government to provide the available statistical information on the participation of men and women in the labour market, disaggregated by race and colour. The Committee notes the information from the Government on the adoption of the Plan of Action and the Public Policy for Gender Equality and Equity (PIEG ) 2016–21 and the National Policy for Gender Equality and Equity, one of the central themes of which is the “distribution of wealth” by improving women’s access to education. The Government indicates that, in 2015, a strategic partnership was established between the National Labour Inspection Directorate, the Gender Equality Unit of the MTSS and the Department of Public Policy for the Economic Autonomy of Woman and the Legal Status and Protection of the Women’s Human Rights of the National Women’s Institute (INAMU). The Government also reports the introduction of the gender equality label and the award for good labour practices for gender equality. The Government adds that the Gender Equality Unit of the MTSS, which participates in the technical monitoring commission for the Plan of Action and the Public Policy for Gender Equality and Equity, provides training in educational establishments, enterprises, trade unions and other institutions. With regard to horizontal segregation, in the first quarter of 2018 in agricultural activities, there were 227,542 men workers and only 33,584 women workers. In professional and administrative support activities, there were 112,743 men and 59,228 women. In financial intermediation and insurance, there were 27,705 men and 18,600 women. With regard to vertical segregation by occupational group, at the level of directors and managers, there were 11,726 men and only 8,111 women; at the level of technicians and associate professionals, there were 118,189 men and 54,090 women. Among farmers and forestry and animal agriculture workers, there were 67,350 men and only 6,503 women. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations expressed concern about the persistence of occupational segregation and the concentration of women in low-paid jobs and the significant gender wage gap (CEDAW/C/CRI/CO/7, 24 July 2017, para. 28(a)). The Committee requests the Government to provide information on the specific measures adopted as part of the second Institutional Plan of Action for Gender Equality and Equity (2016–20), the National Policy for Gender Equality and Equity and the implementation process of the National Policy for Effective Equality between Women and Men in Costa Rica (2018–30) and, particularly, on the results obtained with regard to the participation of women in the labour market and the reduction of horizontal and vertical occupational gender segregation. The Committee requests the Government to provide statistical information on the participation of men and women in the labour market, including in export processing zones, disaggregated by sector of activity.

Migrant workers. In its previous comments, the Committee referred to the situation of Nicaraguan workers in the country and requested the Government to indicate whether the legislation protects migrant workers and whether there have been complaints of discrimination by Nicaraguan workers or workers of other nationalities. The Committee notes the Government’s indications that: (i) the judicial authorities are working to implement in their decisions a policy of access to justice for migrants and refugees, through the National Commission for the Improvement of the Administration of Justice (CONAMAJ), in accordance with the recommendations of the Brasilia Regulations Regarding Access to Justice for Vulnerable People; (ii) an inter-institutional working group has been established — the subcommittee on access to justice for the refugee and migrant population — with responsibility for implementing public policy on this matter; (iii) the Higher Council of the Judiciary issued three guidelines on affirmative action measures to provide an adequate response to migrants, asylum seekers and refugees; (iv) Act No. 9343 reforming labour procedures established a fast-track procedure for situations of labour discrimination suffered by vulnerable populations, including the migrant and refugee population; (v) a migration management procedure has been in place since December 2007 for seasonal migrant workers between Costa Rica and Nicaragua; (vi) the Costa Rica-Nicaragua co-development project has been established to promote regulated migrant labour; and (vii) there is a special process in place for indigenous ngäbe and buglé persons from Panama. Lastly, the Government referred to the adoption of the Comprehensive National Framework on Action for and the Response to Refugees (MINARE). The Committee notes the measures adopted by the Government for the benefit of migrant workers and requests it to continue providing information on the progress made.

Promotion of equality of opportunity and treatment irrespective of race and colour. The Committee notes that the Government reports the adoption of an action plan for the achievement of the goals of the International Decade for People of African Descent (Directive No. 022-P), set out in the National Plan for People of African Descent (2015–18) and that it has provided statistical information on the participation of men and women in the labour market, disaggregated by race and colour. The Commission also notes the Government’s indication that the statistical data available on the National Policy for Gender Equality do not allow for disaggregation to identify the population of African descent. The Committee requests the Government to provide information on the impact and outcomes of the National Plan for People of African Descent (2015–18), as well as any other measures adopted or envisaged for the inclusion of indigenous men and women or those of African descent in the labour market or for the development and recognition of their traditional occupations. The Commission also requests the Government to make every possible effort to provide the available statistical information on the participation of men and women in the labour market, disaggregated by race and colour.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. In its previous comments, the Committee noted the ongoing revision of the procedural handbook for the labour inspectorate and the plans to broaden the manner in which it addresses discrimination and requested the Government to provide information on any developments in that regard. The Government reports the development of a “Gender Inspection Guide and a catalogue of new gender-based offences”, the expansion of the catalogue of inspection offences in relation to discrimination on the grounds of gender and improvements to inspection procedures. The Committee notes the Government’s indication that, from 2016 to 2017 at the national level, 824 inspections were carried out, safeguarding the labour rights of 6,477 workers, including 4,620 men and 1,857 women. The Committee requests the Government to provide more detailed information on the number of complaints lodged with the labour inspectorate or the judicial authorities in relation to cases of discrimination in employment, cases of discrimination on the grounds of race, colour, religion, political opinion, national extraction or social origin in the public and private sectors and in export processing zones, with an indication of the manner in which such complaints are addressed, the penalties imposed and the compensation awarded.

The Committee notes the reports provided by the Government on the application of Conventions Nos 113 and 114 on the fishing sector. The Committee notes that the Government has requested the technical assistance of the Office in this regard and trusts that this assistance will contribute to the full implementation of these Conventions. With regard to the Work in Fishing Convention, 2007 (No. 188), the Government indicates that it was submitted to the Legislative Assembly on 21 May 2009, but was not approved. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 3 of the Convention. Medical examination and medical certificate. Tripartite consultations. The Committee previously requested the Government to adopt without delay the necessary measures to prescribe, after consultation with the organizations concerned, the nature of the medical examination to be made and the particulars to be included in the medical certificate. The Committee notes the Government’s indication that, after consulting institutions working in this area, it was agreed that the College of Physicians and Surgeons of Costa Rica has the authority to specify the content of medical examinations. In this regard, the Government indicates that this professional association has initiated the necessary coordination with the Ministry of Labour and Social Security. The Government also indicates that the Minister of Labour and Social Security convened a meeting with the various institutions involved in the area of fishing and that, as a result, it was agreed that it is necessary to request the technical assistance of the ILO. The Committee understands that the Government has already contacted the Office in this regard and trusts that the technical assistance requested will be provided in the near future.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114)

Article 3 of the Convention. Written articles of agreement. The Committee previously requested the Government to indicate the measures adopted to guarantee in practice that fishers’ articles of agreement are drawn up in writing. The Committee notes the Government’s indication that the Ministry of Labour and Social Security has undertaken to: (1) strengthen the necessary measures to disseminate Directive No. 17 of October 2002, which concerns the articles of agreement and medical examinations of fishers, among the employers’ and workers’ organizations in the fishing sector; and (2) reaffirm the provision that fishers’ articles of agreement shall be made available at the National Employment Directorate and the administrative branches of the National Labour Inspection Directorate. While it notes this information, the Committee requests the Government to indicate the follow-up measures adopted by the Ministry.

Article 5. Record of employment. The Committee previously requested the Government to adopt the necessary measures to ensure that a record of employment is maintained for every fisher. The Committee notes the Government’s indication that it has requested the technical assistance of the Office in this regard. The Committee trusts that the technical assistance requested will be provided in the near future and hopes that the necessary measures to give effect to this Article of the Convention will be adopted in the near future.

Article 8. Information on board on conditions of employment. The Committee previously requested the Government to indicate the manner in which it is guaranteed that fishers can obtain clear information on board as to the conditions of employment applicable to them. The Committee notes that the Government refers, inter alia, to sections 282 and 284 of the Labour Code on the obligations of employers. However, the Committee considers that the legislation referred to by the Government does not comply with the requirements of this provision of the Convention, as it does not specifically guarantee that the necessary measures shall be laid down to enable clear information to be obtained on board as to the conditions of employment so that fishers can satisfy themselves as to the nature and extent of their rights and obligations. The Committee once again requests the Government to indicate the measures adopted or envisaged to give effect to this Article of the Convention.

The Committee notes the observations of the Costa Rican Confederation of Democratic Workers (CCTD), transmitted by the Government in its report. The Committee also notes the Government’s replies to the observations.

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the detailed information provided by the Government on the impact of the measures adopted with a view to the achievement of the objectives of the Convention within the framework of the National Development Plan (PND) 2015–18. The objectives of the Plan include: promoting economic growth, generating quality employment, combating poverty and reducing inequality. In this regard, the Government indicates that, according to the statistical data of the International Monetary Fund (IMF), in 2017 the economy of Costa Rica grew by a little over 3.2 per cent, compared to global economic growth of 3.7 per cent. Social investment amounted to 22.7 per cent of Gross Domestic Product (GDP) in 2014, rising to 23.3 per cent in 2016. The Government indicates that, according to the National Household Survey (ENAHO), between 2013 and 2017 the unemployment rate fell by 1.1 per cent and the informal employment rate decreased from 44 per cent to 41 per cent. In terms of target population groups, the youth unemployment rate between 15 and 17 years of age also fell from 26 per cent in 2013 to 23.2 per cent in 2017, and the youth unemployment rate for young persons between 18 and 25 years of age also fell from 19.8 per cent in 2013 to 17.8 per cent in 2017. Over the same period, the unemployment rate for poor households fell by 2.4 per cent and the unemployment rate for women fell by 1.5 per cent. With regard to access to health and housing, the health system maintained broad coverage with 86 per cent of the population being covered by insurance schemes, and the housing shortage (the shortage of new houses) fell from 15.8 per cent in 2013 to 14.9 per cent in 2017. The Government also refers to various indicators showing improvements in the living standards of the population, including the increase in school attendance rates in primary and secondary education, and life expectancy, as well as the reduction in infant mortality rates. With a view to achieving the PND objective for poverty reduction, the National Poverty Reduction Strategy of the Solís Rivera Administration (2015–18) was implemented under the title of the “Bridge to Development”. intended to ensure preferential access to social programmes for 54,600 families living in extreme poverty. The Government adds that, as a result of the Strategy, extreme poverty decreased from 6.7 per cent in 2014 to 5.7 per cent in 2017, while the non-extreme poverty rate fell from 15.7 per cent to 14.3 per cent. The inequality rate fell slightly from 0.512 in 2014 to 0.514 in 2017 due to the increase in income from work and in household income through state transfers, subsidies and grants. Nevertheless the Committee notes that, in its concluding observations of 21 October 2016, the Committee on Economic, Social and Cultural Rights (CESC) expressed concern at the fact that the measures taken to combat poverty have not been sufficiently effective in reducing the levels of poverty and extreme poverty in recent years, or in tackling the rising levels of inequality that affect the most disadvantaged and marginalized groups (E/C.12/CRI/CO/5, paragraph 39). The Government also reports the conclusion on 9 September 2016 of the National Pact for the Achievement of the Sustainable Development Goals (SDGs). The Committee further notes the adoption in December 2018 of the Bicentennial National Development and Public Investment Plan 2019–22, which includes among its targets reducing multidimensional poverty by between 2.3 and 2.7 percentage points and maintaining the growth of the inequality index at 0.511 of the Gini coefficient. However, in its observations, the CCTD indicates that the information provided by the Government does not represent the current situation in the country. The CCTD indicates that the population has grown poorer, health has deteriorated, the social gap has grown and unemployment has risen. The Committee therefore requests the Government to provide detailed and updated information, including statistics disaggregated by sex and age, on the results achieved by the Bicentennial National Development and Public Investment Plan 2019–22, and any measures intended to ensure the improvement of the living standards of the population of Costa Rica (Article 2), particularly with regard to vulnerable groups.

Article 4. Agricultural producers. The Committee notes the information provided by the Government on the improvement in the various indicators relating to economic growth in the agricultural and livestock sector. In this regard, the Government indicates that, despite the impact of natural phenomena at the national level, agricultural production rose by 2.7 per cent in 2017. The Government also reports the implementation between 2015 and 2018 of 15 new projects with a view to improving the standards of living of families in rural areas, including measures relating to the acquisition of land, infrastructure, rural credit and food security. The Government adds that 477,327 families benefited from these projects. With regard to the reduction of rural poverty, the Government reports that 24.1 per cent of rural households were reported to be in a situation of poverty in 2017, thereby meeting the target of 25 per cent envisaged by the PND. The Government also refers to the implementation of various financial projects to assist producers in regions affected by climate-related factors. The Government adds that, as a result of the implementation of these programmes, between 2016 and 2017 there was an increase of 2.8 per cent in average household income in rural areas and of 7.2 per cent in the number of jobs in the rural sector. The Committee requests the Government to continue providing detailed and updated information on the measures adopted to increase production capacity and improve the standards of living of agricultural producers, and their results.

Part III. Migrant workers. The Committee notes the initiatives implemented within the framework of the Comprehensive Migration Policy for Costa Rica (2013–23) with a view to the protection of migrant workers. In particular, the Government refers to the adoption of measures to simplify migration procedures for indigenous migrants, such as the implementation of the “Migramóvil” programme by the General Directorate of Migration and Foreign Nationals in the Los Santos area, through which guidance was provided and applications were processed for the regularization of the situation of migrants from the Ngäbe indigenous community. Capacity-building was also provided to public officials in the Los Santos area on the rights of migrants, with particular emphasis on indigenous people. The Committee also refers to its 2015 direct request on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in which it noted the measures adopted with a view to improving cooperation between the Government and Panama in relation to the migration of the Ngäbe and Buglé indigenous communities. Finally, the Committee refers its 2018 direct request on the application of the Forced Labour Convention, 1930 (No. 29), in which it noted the observations of the Confederation of Workers Rerum Novarum (CTRN) concerning violations of the rights of certain workers engaged in banana and pineapple plantations, particularly with regard to working time, working conditions, social protection and trade union rights. In this regard, the CTRN indicated that the most vulnerable workers are seasonal migrant workers. The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged with a view to guaranteeing the working conditions of migrant workers required to live away from their homes, taking into account their normal family needs (Article 6). In particular, the Committee requests the Government to provide information on the impact of these measures in relation to workers engaged in banana and pineapple plantations, and workers from the Ngäbe and Buglé indigenous communities. The Committee also requests the Government to provide statistical data, disaggregated by sex and age, on the number of migrant workers required to live away from their homes. It further requests the Government to provide updated and detailed information on the impact of cooperation in relation to labour migration between the authorities of the Government of Panama in relation to migrants from the Ngäbe and Buglé indigenous communities (Article 8).

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers’ Movement Confederation (CMTC) and Juanito Mora Porras Trade Union Federation (CSJMP), received on 24 September 2018. The Committee notes the Government’s response to those observations, received on 1 November 2018. It also notes the Government’s response to the observations of the CTRN of 2017, received on 3 May and 31 July 2018.

Article 1 of the Convention. Representative organizations. In its previous comments, the Committee noted the observations of the CTRN, in which it noted that the most representative workers’ organizations, trade union confederations (third-level trade union organizations representing manual and intellectual workers from various sectors) were not represented in the High Labour Council. In this respect, the Committee requested the Government to provide information on the measures taken, particularly concerning the selection criteria, to ensure that the consultations required by the Convention are held with the “most representative organizations” of employers and workers, indicating the criteria used for determining representativeness. The Committee notes the Government’s indication that, as a result of ILO technical assistance, on 27 March 2017, the Ministry of Labour and Social Security issued an advisory notice, urging “third-level employers’ and workers’ organizations, duly registered or recognized at the national level” to nominate and accredit with the Ministry representatives so that the members of both partners are appointed to the High Labour Council. The Committee notes with interest that, once that information was received by the social partners, Decision No. 12-2017-MTSS was published in Official Gazette No. 164 of 30 August 2017, appointing the representatives of employers’ and workers’ organizations to the High Labour Council. In its report, the Government provided a list of the selected employers’ and workers’ representatives, which includes members from trade union confederations.

Article 5(1). Effective tripartite consultations. In response to its previous comments, the Committee notes the detailed information provided by the Government on the consultations held with the social partners during the reporting period. The Committee observes that these consultations were held on replies to questionnaires concerning items on the agenda of the International Labour Conference, the submission of Conventions and Recommendations in accordance with article 19 of the ILO Constitution, the re-examination of unratified Conventions and Recommendations that have not yet been given effect, as well as proposals for the abrogation and withdrawal of Conventions and Recommendations. Concerning the consultations on reports on ratified Conventions, the Government indicates that, since 2013, a consultation process has been conducted over a longer period, to ensure that the social partners participate in the preparation of the reports. In particular, the Government indicates that, under the new process, initial drafts of reports are shared sufficiently in advance for the social partners to send their comments for subsequent inclusion in the final reports which are sent to the Office by 1 September. The Committee notes that, according to the reporting schedule, the preliminary reports on ratified Conventions were communicated to the social partners before 1 September (3 August 2016, 4 August 2017 and 27 July 2018), while the final draft reports, which include the observations made by the social partners during the process, were communicated later (31 August 2016, 12 September 2017 and 2 October 2018). The Committee also notes that the workers’ organizations, the CTRN, CMTC and CSJMP, consider that the Government is still not providing the reports to the social partners. Finally, the Government refers to various tripartite consultation processes at the national level on matters including the development and implementation of a Comprehensive Strategy for the Transition to the Formal Economy in Costa Rica, in compliance with the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204). The Committee requests the Government to continue providing detailed up-to-date information indicating the specific content, frequency and outcome of the tripartite consultations held on all matters relating to international labour standards covered by Article 5(1) of the Convention. In light of the observations of the CTRN, CMTC and CSJMP, the Committee requests the Government to provide detailed information on the consultations held with the social partners on how the functioning of the procedures required by the Convention could be improved.

The Committee notes the Government’s reports on the application of maritime Conventions Nos 134 and 147. With regard to the Maritime Labour Convention, 2006, as amended (MLC, 2006), the Government indicates that the MLC, 2006, was submitted to the Legislative Assembly on 21 May 2009 without obtaining approval. In order to provide an overall view of matters for attention arising in connection with the application of maritime Conventions, the Committee considers that they are best addressed in a single set of comments, which is set out below.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2(2) and (3) of the Convention. Statistics on occupational accidents. The Committee requested the Government to supply statistics on occupational accidents on board ship. The Committee notes the Government’s reference to the report from the National Insurance Institute that, according to the Department of Preventive Management, no occupational accidents under these conditions were recorded in the register of serious and fatal accidents, which has been in place since September 2017. The Committee notes this information.

Article 2(4). Investigations of occupational accidents. The Committee requested the Government to adopt the measures required under the Convention with regard to the procedure for the investigation of occupational accidents on board ship. The Committee notes that the Government refers, as it did in its previous report, to section 214 of the Labour Code which provides, inter alia, that the insured employer is required to: (1) investigate the details and circumstances of occupational risks that arise and related statements and communicate them to the National Insurance Institute; (2) report any occupational risks that arise to the National Insurance Institute; and (3) cooperate with the National Insurance Institute in obtaining evidence, details and particulars of all kinds directly or indirectly relating to insurance and the risk covered. The Government also explains that national law designates the shipowner, the master or whoever acts as the employer’s representative on board ship as the competent authority for the investigation of occupational accidents. While noting this information, the Committee recalls that, in accordance with Article 2(4) of the Convention, the competent authority shall undertake an investigation into the causes and circumstances of occupational accidents resulting in loss of life or serious personal injury. The Committee once again requests the Government to indicate the measures taken or envisaged to amend its legislation in order to give full effect to this provision of the Convention.

Articles 4 and 5. Provisions on the prevention of occupational accidents. The Committee requested the Government to provide information on the certification of fishing vessels by the Occupational Health Council and on the new legislation concerning occupational health on fishing vessels. The Committee notes the Government’s indication that it is waiting for the Occupational Health Council to forward information relating to fishing certifications. The Government explains that, under section 198bis of the Labour Code, the certification of fishing vessels for fishing activities is the responsibility of the Ministry of Public Works and Transport, as the custodian of navigation and safety. The Occupational Health Council indicates that, as a result of the cooperation received from the Ministry of Labour, the proposal for a regulation on health and safety in fishing activities is being developed. The Committee requests the Government to provide information on any progress achieved with regard to the adoption of the above-mentioned regulation.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. In its previous comments, the Committee requested the Government to take the necessary measures to ensure adequate protection of the seafarer in case of early termination of employment in a manner that is substantially equivalent to the requirements of Articles 10–14 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22). The Committee notes that the Government refers – as it did in its previous report – to sections 121 and 123 of the Labour Code. The Committee considers that the above-mentioned articles are not substantially equivalent to Articles 10–14 of Convention No. 22, since they appear to refer only to fishing industry workers and do not provide for circumstances in which: (a) a seafarer’s articles of agreement may be rescinded; (b) the shipowner or master may immediately disembark a seafarer; or (c) the seafarer may demand his immediate disembarkment. The Committee again requests the Government to take the necessary measures to ensure adequate protection for seafarers in cases where the employment relationship is terminated early, in a manner substantially equivalent to Articles 10–14 of Convention No. 22.

Article 2(a)(iii). Shipboard living arrangements. Food and catering. The Committee requested the Government to take the necessary measures to ensure substantial equivalence with the food and catering standards set out in the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68). The Committee notes that the Government refers – as it did in its previous report – to section 118 of the Labour Code and section 14 of Act No. 2220 on the Coastal Trade Act and its regulations. The Government indicates that the aforementioned legislation ensures substantial equivalence with Convention No. 68. Nevertheless, the Committee considers that the above-mentioned sections are insufficient to ensure substantial equivalence with Article 5 of Convention No. 68, since they do not establish the obligation to guarantee: (1) the provision of food and water supplies which, having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety, for all ships regarded as seagoing vessels; or (2) the arrangement and equipment of the catering department in such a manner as to permit the service of proper meals to the members of the crew. The Committee again requests the Government to take the necessary measures to ensure substantial equivalence with the food and catering standards established in Convention No. 68.

Article 5(2). Ratification requirements. In its previous comments, the Committee requested the Government to provide information on compliance with the International Convention on Load Lines (1966). The Committee notes the Government’s indication, in its report, that the aforementioned instrument has not been ratified.

The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), supported by the International Organisation of Employers (IOE), received on 1 September 2018. The Committee also notes the Government’s replies to these observations.

Article 11. Minimum wage. In its previous comments, the Committee noted that section 105(a) of the Labour Code provides that the wage of domestic workers must correspond to at least the statutory minimum wage for the category as established by the National Wage Council. However, the Committee observed that Decree No. 40022-MTSS fixing minimum wages for the private sector established a minimum wage for domestic workers below the minimum wage set for unskilled workers (which corresponded to the minimum protection wage or salario mínimo minimorum). The Committee also noted that, according to a study by the ILO on the proposed reform for the application of minimum wages to domestic work in Costa Rica, the minimum wage received by domestic workers is in no case sufficient to exceed the poverty or material deprivation thresholds. This study recommended that the Government, inter alia, promote a progressive increase in the minimum wage for domestic workers to close the gap with the minimum wage. In this regard, the Committee requested the Government to provide information on the effect given to these recommendations and to indicate how the minimum wage of domestic workers compares to that in other sectors. In this respect, the Government indicates that, pursuant to an agreement concluded between the Association of Domestic Workers (ASTRADOMES) and the Ministry of Labour in July 2014, since the second half of 2014, additional wage increases have been applied to the minimum wage established for domestic work in relation to that established for other workers in the private sector. The Committee notes with interest the approval on 24 June 2019 by the National Wage Council of resolution No. CNS-RG-2-2019, concerning the closing of the wage gap between domestic work and unskilled work. The resolution was approved following consultations with various stakeholders, including representatives of ASTRADOMES and employers of domestic workers, and the Costa Rican Social Security Fund (CCSS). The resolution indicates that the daily minimum wage established for domestic work is 41.47 per cent of that provided for in the Decree on minimum wages for unskilled workers. In this context, subparagraph (a) of the resolution establishes that the gap will be eliminated within 15 years from 2020, through the introduction of 15 additional annual adjustments to the minimum wage for domestic work in addition to the general adjustments introduced by the minimum wage decrees. Subparagraph (d) indicates that “in the event that, upon application of the final additional adjustment, there is still a difference between the minimum daily wage for domestic work and that for unskilled workers, this difference shall be eliminated and an equal minimum daily wage will be decreed for domestic work as for unskilled workers”. Lastly, subparagraph (f) provides for the performance by the National Wage Council of a technical and economic analysis of the country’s social, economic and labour conditions in 2025 to determine whether it would be viable to reduce the time period of 15 years to eliminate the wage gap. If so, the National Wage Council could agree to the amendment of the agreement on the time period and additional adjustments. The Committee recalls the obligation under the Convention to take measures to ensure not only that domestic workers enjoy minimum wage coverage, but also that remuneration is established without discrimination. It notes, however, that the very long timeframe – 15 years – established by the resolution for closing the substantial gap between the wages for domestic workers and those for unskilled workers seems unduly long. While acknowledging that the resolution also establishes a process by which the National Wage Council may, through a reconsideration of the social, economic and labour conditions of the country shorten this period, the time frame for this process – 6 years – is itself lengthy. The Committee recognizes that it may be necessary to introduce reforms to narrow the wage gap over a period of time; however, it encourages the Government to accelerate these time frames. The Committee requests the Government to continue providing updated information on any progress made in this regard. The Committee also requests the Government to provide updated statistical information, disaggregated by sex, on the impact of these adjustments on the wages that domestic workers receive in practice. The Committee further requests the Government to provide a copy of any technical and economic analysis provided for in subparagraph (f) of resolution No. CNS-RG-2-2019.

Article 14. Access to social security. The Committee notes the approval on 6 July 2017 by the Board of Directors of the Costa Rican Social Security Fund of the regulations for the registration of employers and the contributory insurance scheme for domestic workers. These regulations enable the coverage of domestic workers by health, invalidity, old-age and survivors’ insurance, whether they carry out domestic work as a principal or supplementary activity, full-time or part-time, on a daily or hourly basis. The Government indicates that representatives of the employers and workers, including the UCCAEP and ASTRADOMES, the ILO and the National Institute for Women (INAMU) participated in the drafting of the regulations. The Committee observes that section 2(1) of the regulations provides that “a domestic worker means any person who performs the work of cleaning, cooking, washing, ironing and other household or private residence work, including non-specialized care of persons, whether as a principal or supplementary activity. The performance of this work shall be for the benefit of a physical employer, under conditions of subordination and remunerated regularly, and shall not generate a profit for the employer.” Section 3 establishes the employer’s obligation to report, on a monthly basis, the total wages earned by his or her domestic worker, including ordinary wages, overtime pay and payments in kind, where applicable. Section 7 establishes the requirements for coverage at the minimum contribution threshold, in cases where employers report wages earned by their domestic worker that are lower than the minimum contribution threshold. Section 8 regulates situations in which domestic workers work for several employers and establishes that contributions shall be distributed proportionally based on the proportion of the reported wage paid by each employer. Sections 10 and 11 provide for the temporary suspension and definitive exclusion from the reduced minimum contribution threshold, respectively, in the event of non-compliance with any of the obligations established in the regulations or the incorrect insurance of the domestic worker. The Committee also notes the various measures implemented with a view to raising awareness of the new special social security scheme for domestic workers, such as the organization of information meetings for domestic workers, the training of INAMU staff and the dissemination of information through the media. Lastly, the Committee notes the detailed statistical information provided by the Government, which demonstrates the positive impact of the approval of the above-mentioned regulations on the number of domestic workers registered with the Costa Rican Social Security Fund. According to the centralized contribution collection system of the Costa Rican Social Security Fund, between 9 August 2017 and January 2018, some 2,884 domestic workers were insured, 98 per cent of whom were women and 50 per cent of whom worked part-time. The Government also indicates that, before the approval of the regulations, 204 domestic workers were insured each month, rising to 478 domestic workers a month after the approval of the regulations. With regard to the payment of contributions, the Government indicates that, following the approval of the regulations, the percentage of all domestic workers covered increased from 10.9 to 14.4 per cent between the second and fourth quarters of 2017. The Committee requests the Government to continue providing detailed information on the measures adopted or envisaged with a view to ensuring the access of all domestic workers to social security. The Committee also requests the Government to continue providing statistical information, disaggregated by sex, on the number of domestic workers registered with the Costa Rican Social Security Fund.

The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), supported by the International Organisation of Employers (IOE), received on 1 September 2018. The Committee also notes the Government’s replies to these observations.

Article 1(1)(c) of the Convention. Occasional or sporadic domestic workers. In its previous comments, the Committee noted the inclusion of the terms “regularly and systematically” in the definition of “domestic servants” in section 101 of the Labour Code, from which it understands that those workers who provide intermittent or sporadic domestic services are not considered to be domestic workers under the legislation. For this reason, the Committee suggested that the Government consider the possibility of adopting the necessary measures to include occasional or sporadic workers who perform domestic work on an occupational basis in the definition of domestic workers and thereby ensure that they are covered by the labour code in accordance with the Convention. The Committee notes the Government’s indication that, although the above-mentioned definition of a domestic servant seems to exclude occasional or sporadic domestic workers, in practice, the labour rights of such workers are recognized. In this regard, the Government refers to provisions of the legal system regulating certain aspects of the conditions of work of domestic workers with working days shorter than the ordinary day of eight hours. In particular, section 105(c) of the Labour Code establishes that, “for working days shorter than eight hours, but longer than three hours, the right to rest shall be proportional to the working day”. Furthermore, section 106 of the Labour Code, which governs the right to compensation of domestic workers or their right holders under certain grounds for termination of employment, provides that, “in the event that working days are shorter than the standard, these rights shall be maintained proportionally.” The Government also refers to the adoption on 6 July 2017 of the regulations for the registration of employers and the contributory insurance scheme for domestic workers, under which domestic workers who perform that work as a main or supplementary task may be insured. In particular, section 2(1) of the regulations provides that “for the purposes of these regulations, a domestic worker means any person who performs the work of cleaning, cooking, washing, ironing and other household or private residence work, including non-specialized care of persons, whether as a principal or supplementary activity.” While taking note of the Government’s explanations regarding the protection of occasional or sporadic domestic workers, the Committee requests the Government to consider the possibility of amending section 101 of the Labour Code with a view to avoiding legal gaps or uncertainty in the protection of such workers. The Committee also requests the Government to send information on any measures adopted or envisaged in this respect.

Article 3(2)(a) and (3). Freedom of association. In its previous comments, the Committee, taking into consideration the high number of migrant domestic workers in the country, requested the Government to provide information on the progress made in the adoption of the proposed constitutional reform that envisages the removal of the prohibition on foreign nationals from holding office or exercising authority in trade unions. The Committee also requested the Government to provide information on the measures taken or envisaged to ensure in practice the right to organize and collective bargaining of domestic workers, including migrant domestic workers. The Committee notes the Government’s indication that the proposed constitutional reform is currently undergoing its second reading, so although the adoption process is active, no progress has yet been made in this regard. The Government adds that three readings before the Legislative Assembly are required for the adoption of the above-mentioned proposed constitutional reform. Furthermore, the Government indicates that, in accordance with national legislation and jurisprudence, all workers have the right to freedom of association and collective bargaining, including migrant domestic workers. The Committee observes, however, that the Government has not provided information on the measures adopted or envisaged to promote and ensure in practice the right to freedom of association and collective bargaining of domestic workers. In this respect, the Committee recalls that the specific characteristics of domestic work, which often include a high level of dependence on the employer (especially in the case of migrant workers), and the frequent isolation of domestic workers in their workplace, are factors which make it especially difficult for domestic workers to establish and join unions. The protection of freedom of association and the right to collective bargaining is therefore of particular importance in this sector and it is necessary to adopt measures to guarantee not only in law, but also in practice, these rights for domestic workers. The Committee therefore reiterates its request to the Government to provide detailed information on the measures taken or envisaged to ensure in practice the right to organize and collective bargaining of domestic workers, including migrant domestic workers. The Committee requests the Government to continue providing information on the status of the adoption of the proposed constitutional reform that envisages the removal of the prohibition on foreign nationals from holding office or exercising authority in trade unions.

Article 3(2)(b). Forced labour. The Committee notes the detailed information provided by the Government in response to its previous comments on the implementation of different projects to prevent, address and persecute the crime of trafficking and the illegal trafficking of migrants, including domestic workers. Among other measures, the Government refers to the formulation of the National Policy against Trafficking in Persons and the strategic plan of work 2016-2020 of the National Coalition against Illicit Trafficking and Trafficking in Persons (CONATT). The Government also reports the establishment of the CONATT Immediate Response Team (ERI), an inter-institutional body specialized in implementing primary care measures for victims of the crime of trafficking in persons and their dependants. The Immediate Response Team is also responsible for establishing the status of alleged victims as such with a view to enabling them to access services for the care of victims. According to statistical information from the CONATT, between 2016 and 2018, the Immediate Response Team identified 15 victims of trafficking for the purposes of labour exploitation. However, the Government does not indicate which of these cases were for the purposes of domestic work. The Committee requests the Government to continue providing updated information on measures adopted or envisaged with a view to guaranteeing that domestic workers are not subjected to forced or compulsory labour, including those adopted in the context of the National Policy against Trafficking in Persons.

Articles 3(2)(c) and 4. Child labour. In reply to the Committee’s previous comments, the Government refers to the “roadmap to make Costa Rica a country free from child labour and its worst forms for the period 2010-2020”, which aims to: prevent and eliminate child labour performed by children under the age of 15 years and the worst forms of child labour among persons under the age of 18 years; and protect the well-being and rights of young workers aged between 15 and 18 years. The Committee notes the information provided by the Government in relation to the action taken by various institutions and organizations to implement the above-mentioned road map. In this regard, the Government indicates that Office for the Prevention and Elimination of Child Labour and the Protection of Juvenile Workers (OATIA) has conducted training on child labour and work by young persons for public officials, employers and workers’ organizations. The Government also indicates that, when cases of child labour are identified, the OATIA conducts social and labour investigations with a view to determining the appropriate action in each case, which generally involves removing the boy or girl from domestic work and providing him or her with financial support for reintegration into and continuance in the education system. Furthermore, if the families need help, they are integrated into support programmes for the population in a situation of vulnerability. In 2016, a section on child labour and work by young persons was introduced into the National Household Survey, with the aim of defining the issue of child labour in the country, including domestic child labour. The Government indicates that, when the survey was carried out, few cases of child domestic labour were identified. However, the Committee recalls that, in its 2017 comments on the Worst Forms of Child Labour Convention, 1999 (No. 182), it noted the observations of the Confederation of Workers Rerum Novarum (CTRN), which emphasized that domestic work accounted for one of the largest proportions of child labour (10.3 per cent) and that 56,753 young persons between the ages of 5 and 17 years were engaged in domestic work in households, including hazardous types of work. The Committee requests the Government to continue providing updated and detailed information on the policies, programmes and measures adopted or envisaged with a view to ensuring in practice the elimination of domestic child labour. The Committee also requests the Government to provide information on the implementation of these policies, programmes and measures, including updated information on the number of inspections conducted in homes in which cases of child labour have been identified, their outcomes and the penalties imposed.

Article 5. Abuse, harassment and violence. In response to the Committee’s previous comments, the Government indicates that, in 2017, the National Labour Inspection Directorate received no complaints of cases of sexual or workplace harassment in the context of domestic work. With respect to the complaints lodged with the courts, the Committee notes the statistical information provided by the Government on the number and type of complaints lodged for harassment in 2017. However, the Government indicates that it does not have information disaggregated by the type of activity of the complainant or a record of penalties imposed on the defendant on account of the fact that, in labour matters, no such records are kept. Lastly, the Committee observes that the Government has not indicated whether it has adopted measures with a view to including in the Labour Code a definition of sexual harassment in line with the recommendations made by the Committee in its comments on the application of Convention No. 111. The Committee requests the Government to continue providing statistical information on the number of complaints lodged in the context of domestic work with the competent bodies of harassment, abuse and violence, their outcomes, the penalties imposed on the perpetrators and the compensation awarded.

Articles 6 and 9(a). Domestic workers who reside in the household in which they work. Decent living conditions which respect their privacy. In reply to the Committee’s previous comments, the Government indicates that the law guarantees that domestic workers who reside in the household for which they work enjoy decent living conditions which respect their privacy, insofar as section 105(a) of the Labour Code determines that domestic workers shall receive “adequate” housing and food. In relation to the measures adopted or envisaged to ensure that domestic workers who reside in the household in which they work are not obliged to remain in the household or with household members during periods rest or annual leave, the Government refers once again to section 105(b) and (c) of the Labour Code. These provisions recognize the right of domestic workers to at least one hour of rest per day, one day of rest per week, and 15 days of paid annual leave, or the corresponding proportion in the event that the contract is shorter than 50 weeks. The Committee observes, however, that the above-mentioned provisions do not recognize the right of domestic workers who reside in the household for which they work to not remain in the household or with household members during such periods. The Committee requests the Government to adopt the necessary measures with a view to ensuring that the “adequate” housing referred to in section 105(a) of the Labour Code includes at least a separate, private room that is suitably furnished, adequately ventilated and equipped with a lock; access to suitable and private sanitary facilities; adequate lighting; and, as appropriate, heating and air conditioning in keeping with prevailing conditions within the household, in line with the provisions of paragraph 17(a) to (c) of the Domestic Workers Recommendation, 2011 (No. 201). The Committee also requests the Government to indicate how it is ensured that domestic workers who reside in the household for which they work are not obliged to remain in the household or with household members during the periods of rest recognized in the legislation.

Article 7. Understandable information on terms and conditions of employment. In reply to its previous comments, the Committee notes the information provided by the Government in relation to the numerous information and awareness-raising actions on the rights of domestic workers carried out by several national institutions. The Government refers, among other activities, to the organization of “rights festivals” in several areas of the country, during which information materials were distributed to domestic workers with a view to informing them of their labour rights and the means to be employed in their defence. Likewise, the National Institute for Women (INAMU) provides guidance, training and information services on labour and migration issues, sometimes in collaboration with the Domestic Workers’ Association (ASTRADOMES), aimed at workers and employers in the domestic work sector. The Government adds that officials from the labour migration department of the National Employment Directorate of the Ministry of Labour took part in the above-mentioned activities and the leaflets distributed also address migration issues, thereby ensuring that migrant domestic workers are aware of their rights. The Committee also takes note of the model employment contract for the domestic work sector provided by the Government, which contains all the elements provided for in Article 7, except for the conditions of repatriation. The Committee requests the Government to continue providing updated information on the measures adopted or envisaged with a view to ensuring that domestic workers are informed of their terms and conditions of employment in an appropriate, verifiable and easily understandable manner, especially in relation to migrant workers. The Committee reiterates its request to the Government to provide information on the manner in which it is ensured that domestic workers are informed of the conditions of repatriation, where applicable.

Article 8(2) and (3). Bilateral, regional and multilateral agreements. Cooperation in the application of the Convention. In its previous comments the Committee suggested that the Government might consider the possibility of adopting measures to cooperate with other member States to ensure the effective application of the provisions of this Convention to migrant domestic workers. In this respect, the Government indicates that it has not implemented cooperation measures or concluded bilateral, regional or multilateral agreements providing for freedom of movement for employment for domestic work. Observing the high number of migrant domestic workers in the country, the Committee suggests that the Government might consider the possibility of adopting measures to cooperate with other member States to ensure the effective application of the provisions of this Convention to migrant domestic workers.

Article 8(4). Conditions of repatriation. The Government reports that repatriation is regulated in the national legal system for specific cases, such as repatriation for humanitarian reasons and repatriation of convicts. However, the Government indicates that there are no special regulations on the conditions of repatriation of domestic workers. In this respect, the Committee recalls that Article 8(4) of the Convention establishes that “Each Member shall specify, by means of laws, regulations or other measures, the conditions under which migrant domestic workers are entitled to repatriation on the expiry or termination of the employment contract for which they were recruited.” The Committee therefore requests the Government to adopt the necessary measures to give effect to this Article of the Convention.

Article 9(c). Right to keep possession of travel and identity documents. In its previous comments, the Committee requested the Government to provide detailed information on the manner in which it ensures in practice that domestic workers have the right to keep in their possession their travel and identity documents. The Government refers once again to section 33(2) of the General Act on migration and foreign nationals, which establishes the obligation of foreign nationals to carry, keep and present, when requested by the relevant authorities, documentation confirming their migration status in Costa Rica. In this respect, the Committee reiterates that these obligations for foreign nationals do not amount to protection of the right of domestic workers to keep their travel and identity documents. In this regard, the Government indicates that the National Directorate for Labour Inspection is the authority responsible for ensuring that domestic workers retain their travel and identity documents in practice. While recalling that the CTRN, in its 2017 observations, indicated that there are cases of employers withholding the documents of domestic workers (particularly in some regions outside the metropolitan area), the Committee requests the Government to indicate the manner in which it ensures that domestic workers keep possession of their travel and identity documents.

Article 12(2). Payments in kind. In its previous comments, the Committee noted that section 166 of the Labour Code defines payment in kind for all workers as “that received by the worker or their family in food, housing, clothing and other articles intended for their immediate personal consumption”. Section 166 also provides that “… while the value of payment in kind is not determined in each specific case, it is estimated that it is equivalent to 50 per cent of the wages in cash received by the worker”. However, the Committee noted that section 166 establishes that supplies which are of an undoubtedly free nature provided to the worker by the employer shall not be counted as payment in kind and cannot be deducted from the cash wages or taken into account when fixing the minimum wage. The Committee requested the Government to provide information on the application in practice of this Article of the Convention. The Committee notes the Government’s indication that, according to the jurisprudence concerning the definition of wages in kind, wages in kind “... consist of payment made with any good other than money, which fulfils totally or partially a need which, without the payment, the worker could only have obtained by his or her own means”. In relation to the estimated value of the payment in kind of 50 per cent of the wages, provided for in section 166 of the Labour Code, the Government indicates that the approach established in the jurisprudence is that “... the level must not be determined in isolation and once and for all, at the level of 50 per cent as indicated, but objective evaluation criteria must be established and then the percentage considered to be appropriate determined on that basis”. Moreover, the Government refers to a series of indicators that serve as a guide to determine whether a payment in kind constitutes wages or, if not, supplies of a free nature. In this regard, the Government indicates that benefits not of a remunerative nature, those which do not correspond to compensation granted to the worker by the employer for services rendered and occasional payments are not deemed to be wages in kind. Nevertheless, the Government indicates that “each individual case must be analysed in isolation, as there are no specific criteria that can be applied uniformly and each situation must be assessed in the light of its particular circumstances …”. The Committee requests the Government to indicate the objective parameters used to evaluate payments in kind referred to in the jurisprudence and to provide examples of how these parameters are applied to the evaluation of payments in kind to domestic workers. The Committee also requests the Government to provide examples of how it determines in practice whether benefits in kind granted to domestic workers are of a free nature and are therefore not considered to be payments in kind.

Article 13(1) and (2). Effective measures to ensure occupational safety and health. The Government indicates that the general provisions of the legal system governing the safety and health of workers apply to domestic workers, as well as the special insurance instruments that have been created to ensure that this protection is effective in relation to domestic workers. The Committee notes, however, that the Government has not indicated which instruments specific to the domestic work sector have been adopted in order to ensure the occupational safety and health of domestic workers in practice. The Committee notes the Government’s indication that, in practice, labour activities and workplaces in the country are supervised, involving inspection and recommendations on the conditions in all workplaces, regardless of their nature. Moreover, the Government reports that, according to statistical information from the National Insurance Institute (INS), as of 31 May 2018, there were 9,958 policies registered with the Insurance for Risks in Domestic Work. The Government adds that this policy provides insurance for a maximum of two domestic workers and, in addition, covers an occasional domestic maintenance worker who works for a maximum of three days per month and whose work is performed in the houses declared by the policy holder. The Committee requests the Government to indicate which instruments specific to the domestic work sector have been adopted in order to ensure the occupational safety and health of domestic workers in practice. The Committee also requests the Government to continue providing statistical information, disaggregated by sex, on the number of domestic workers insured under the Insurance for Risks in Domestic Work.

Article 15(1) and (2). Private employment agencies. In reply to the Committee’s previous comments, the Government indicates that the bill regulating the operation of private employment agencies did not advance beyond the preliminary draft stage and was therefore not approved. In this respect, Article 15 of the Convention specifies a number of measures which must be taken to ensure the effective protection of domestic workers, including migrant domestic workers, who are recruited or placed by private employment agencies, against abusive practices. These measures include: determining the conditions governing the operation of private employment agencies recruiting or placing domestic workers, in accordance with national laws, regulations and practice (paragraph 15(1)(a)); ensuring that adequate machinery and procedures exist for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies in relation to domestic workers (paragraph 15(1)(b)); adopting all necessary and appropriate measures, within its jurisdiction and, where appropriate, in collaboration with other Members, to provide adequate protection for and prevent abuses of domestic workers recruited or placed in its territory by private employment agencies. These shall include laws or regulations that specify the respective obligations of the private employment agency and the household towards the domestic worker and provide for penalties, including prohibition of those private employment agencies that engage in fraudulent practices and abuses (paragraph 15(1)(c)); considering, where domestic workers are recruited in one country for work in another, concluding bilateral, regional or multilateral agreements to prevent abuses and fraudulent practices in recruitment, placement and employment (paragraph 15(1)(d)); and taking measures to ensure that fees charged by private employment agencies are not deducted from the remuneration of domestic workers (paragraph 15(1)(e)). The Committee requests the Government to adopt the necessary measures to give effect to this Article of the Convention and to provide information in respect of each of its provisions.

Article 16. Effective access to the courts. In reply to its previous comments, the Committee notes that the Government reports the adoption in 2010 of a judicial policy for the care of persons in a situation of vulnerability, which includes awareness-raising and training measures for judicial officials and civil society, as well as awareness-raising and promotion of the mechanisms of access to justice and labour rights that target these populations. Furthermore, the Higher Council of the Judiciary has adopted special guidelines for the care of migrants, asylum seekers and refugees designed for judicial officials. The guidelines include, among other measures, the possibility of access to care services and the services for filing reports and labour complaints for those persons considered to be in a vulnerable situation, such as pregnant or breastfeeding migrant women and young workers, whether or not they have valid documentation. In this way, access to justice is ensured for migrant workers in an irregular situation in the country and those who do not have valid documents or whose documents have been withheld by their employer. The Government also indicates that migrant workers may lodge complaints with the oversight offices of the judicial authorities regarding a lack of adequate care by the those authorities. On 25 July 2017, the amended Code of Labour Procedure entered into force, which establishes the provision of free labour advice for workers through the establishment of a labour unit staffed by social assistance lawyers affiliated with the Public Defence Service, with the objective of ensuring effective access to justice for persons in vulnerable situations, including domestic workers. Under the provisions of section 454 of the Labour Code, workers whose most recent or current monthly income does not exceed twice the basic wages for the position of administrative assistant have the right to this free legal assistance. Lastly, the Government indicates that it does not have information on the number of complaints lodged by domestic workers with the courts, as the statistics are not disaggregated by sector. The Committee requests the Government to continue providing updated information on the specific measures adopted with a view to ensuring the effective access of domestic workers to the courts. The Committee also requests the Government to adopt the necessary measures with a view to gathering updated statistical information, disaggregated by sex, on the number of complaints lodged by domestic workers with the various competent bodies, the penalties imposed on the perpetrators and the compensation awarded.

Article 17(1). Complaint mechanisms. The Government reports that several institutions, including the INAMU and the Ministry of Labour, provide legal advice and complaint resolution services. In this regard, the Legal Affairs Department of the Ministry of Labour has a system providing advice on labour issues online or by correspondence, depending on the complexity of the request. Moreover, the Labour Affairs Department, through the Alternative Dispute Resolution Unit, provides assistance for conciliation and legal advice in person and by telephone to both workers and employers on the labour rights of domestic workers. The Government reports that, between 2017 and April 2018, the Department of Labour Affairs provided services to 9,087 persons (8,757 women and 330 men) in the domestic work sector. The Committee requests the Government to continue providing updated information, disaggregated by sex, on the number of domestic workers accessing the various services for legal advice and lodging complaints.

Article 17(2) and (3). Labour inspection and sanctions. Access to household premises. In reply to the Committee’s previous comments, the Government indicates that limitations remain on entering and conducting visits to households where domestic work is performed. In this regard, the Committee notes the Government’s request for technical assistance in Communication No. MTSS-DMTS-OF-982-2018 of 24 July 2018, in the context of Convention No. 189 and the Labour Inspection Convention, 1947 (No. 81). In particular, the Government requests that a study be conducted of the national legislation and international standards with a view to identifying good practices, as well as the conditions and measures needed for inspectors to be able to freely enter, without prior notice, all workplaces, including private homes, at any time of the day or night. The Committee observes that the ILO Office for Central America, Haiti, Panama and the Dominican Republic responded to this request for technical assistance on 8 August 2018 and indicated that it would take the necessary steps to provide that assistance. Furthermore, the Committee notes the Government’s indication that, according to statistics from the National Inspection Office, between January 2017 and June 2018, some 129 violations were detected in the domestic work sector, most of which involved the illegal dismissal of pregnant workers (41 cases) and the failure to register workers with the Occupational Risk Insurance Scheme (16 cases) and the CCSS (15 cases). The Committee requests the Government to continue providing information on the measures adopted or envisaged regarding labour inspection, as well as information on the application of standards and penalties that take due account of the special characteristics of domestic work. Noting the Government’s request for technical assistance in relation to labour inspections in private homes, the Committee hopes that the Office will provide the requested technical assistance.

Application of the Convention in practice. The Committee notes that, according to the National Institute of Statistics and Censuses (INEC), in the first quarter of 2018, there were 117,723 domestic workers, of whom 87 per cent were women. The Government indicates that 108,156 persons work in the domestic work sector on a permanent basis and 9,567 on an occasional basis. The Government adds that 69,365 persons work part-time (fewer than 40 hours), while 48,265 persons work full-time. The Committee also takes note of the extracts of court decisions provided by the Government, in which the court determined the existence of an employment relationship of persons performing domestic service work. The Committee requests the Government to continue providing updated general indications on the manner in which the Convention is applied in Costa Rica and to provide extracts of inspection reports, court decisions and, when such statistics exist, data on the number of workers covered by the measures which give effect to the Convention, disaggregated by age and sex, and the number and nature of the violations recorded.

Comments adopted by the CEACR: Costa Rica

Adopted by the CEACR in 2022

C094 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C087 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C137 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C095 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C102 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C114 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Fishermen’s Articles of Agreement Convention, 1959 (No. 114)

C117 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C131 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C144 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C147 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

C189 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C189 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Costa Rica

Display the list by:

Adopted by the CEACR in 2022

C094 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C087 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C137 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C095 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C102 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C114 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Fishermen’s Articles of Agreement Convention, 1959 (No. 114)

C117 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C131 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C144 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C147 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

C189 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C189 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)