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

Dock Work Convention, 1973 (No. 137) - Costa Rica (Ratification: 1975)

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.