Report in which the committee requests to be kept informed of development - Report No 324, March 2001

Case No 2069 (Costa Rica) - Complaint date: 11-JAN-00 - Closed

Allegations: Refusal to grant time off for trade union activities

1. 459. The complaint is contained in a communication from the Secondary School Teachers' Association of Costa Rica (APSE) dated 11 January 2000. The Government sent its observations in communications dated 2 May and 14 August 2000.
2. 460. Costa Rica has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 461. In its communication dated 11 January 2000, the Secondary School Teachers' Association of Costa Rica (APSE) states that since its inception it has always had permission to take time off to carry out its activities (assemblies, meetings, etc.) during the working day. APSE adds that the Minister of Public Education established a school calendar that included 200 teaching days and ruled out any trade union activities on these days during the working day (or at least partly) as it considered these to be an activity that was distinct from teaching. APSE believes that this violates Conventions Nos. 87, 98 and 135 of the ILO.

B. The Government's reply

1. 462. In its communications of 2 May and 14 August 2000, the Government states that the allegations in this case are identical to those of Case No. 2024, which was examined in the 320th Report of the Committee. The Government refers back to the observations that it presented in this report and to the agreement of 22 June 1999 between the trade union organizations and the Government, which allowed these issues to be resolved.

C. The Committee's conclusions

1. 463. The Committee observes that the case under discussion deals with the same issue that arose in Case No. 2024 (see 320th Report, paras. 547-567), i. e. the denial of trade union leave in the public education sector during the working day (or part thereof) as a result of a new school calendar with 200 actual days of school.
2. 464. In this respect, the Committee refers to its conclusions in Case No. 2024 (paras. 565-566) where it noted with interest that the Ministry of Public Education and the trade union organizations reached an agreement on 22 June 1999 whereby as from the 2000 school year the Ministry will negotiate the school calendar with the trade union organizations, incorporating trade union activities and granting the necessary leave to attend national assemblies and sessions of executive committees.
3. 465. The Committee notes that the complainant organization (APSE) is mentioned in the agreement of 22 June 1999 and that its complaint (which dates from January 2000) does not mention whether negotiations for the year 2000 took place with the authorities, as was agreed in the aforementioned agreement. The Committee also observes that the complainant organization does not refer to any specific case of denial of trade union leave. In these circumstances, the Committee reiterates the conclusions that it came to in Case No. 2024 and requests the Government to keep it informed of the negotiation process provided for in the agreement of 22 June 1999 and its outcome.

The Committee's recommendations

1. 466. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee requests the Government to keep it informed of the negotiation process provided for in the agreement of 22 June 1999 and its outcome.