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

Protection of Wages Convention, 1949 (No. 95) - Costa Rica (Ratification: 1960)

The Committee notes the information supplied by the Government in reply to its previous comments.

Article 3, paragraph 1, of the Convention. With regard to the practice of remunerating coffee plantation workers with money substitutes, which is permitted under section 165, paragraph 3, of the Labour Code, the Committee notes the Government’s statement that by letter dated 8 August 2003 the Minister of Labour and Social Security requested the Directorate of Legal Affairs to examine this question and prepare a draft amendment to ensure that section 165 of the Labour Code is fully consistent with the requirements of this Article of the Convention. The Committee regrets, however, that although the Government has expressed its intention to revise that section on several occasions, no real progress has as yet been made. The Committee therefore urges the Government to take concrete measures without further delay to bring its law and practice into conformity with the Convention’s clear prohibition against the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender.

Article 4, paragraph 2. The Committee has been commenting for some time on the need to take appropriate action, either by adopting the regulations provided for in section 2 of Decree No. 11324-TSS or by amending section 166 of the Labour Code to guarantee the attribution of a fair and reasonable value to allowances in kind. While noting the Government’s reference to the letter dated 8 August 2003 by which the Minister of Labour and Social Security requested the Directorate of Legal Affairs to look into this issue and propose specific amendments to the relevant provisions, as may be required, the Committee is bound to observe that regrettably the situation has not evolved and that no concrete action has as yet been taken. The Committee wishes to refer in this respect to paragraphs 144 to 163 of its General Survey on the protection of wages in which it noted that the principal requirements of this Article of the Convention, in particular the obligation to ensure that authorized allowances in kind are appropriate for the workers’ personal use and fairly valued, are not always fully understood and that beyond the legislative recognition of this principle specific measures are needed to ensure its practical application. The Committee therefore once again urges the Government to take steps to ensure the full implementation of this Article of the Convention in law and practice.

Articles 8 and 12, paragraph 1. Further to previous comments made by the Transport Workers’ Union of Costa Rica (SICOTRA) and the Confederation of Workers Rerum Novarum (CTRN) alleging abusive pay practices, such as unjustified wage reductions and irregular payment of wages, against public transport workers and workers in the road transport sector, the Committee notes the Government’s reference to labour inspection visits in three road transport enterprises which were conducted in August 2002 and January 2003 and which revealed no wage-related offences. Given that the labour inspection reports communicated by the Government cover a total of 160 employees, the Committee would appreciate receiving additional explanations as to how representative these inspection results are of the situation prevailing in the road transport sector in general. In this regard, the Committee would be interested in obtaining some statistical information on the total number of enterprises and workers employed in that sector. Finally, the Committee would be grateful to the Government for continuing to supply documented information as regards the enforcement of the Convention, particularly in those branches of economic activity in which pay irregularities are observed, denounced or suspected.

[The Government is asked to reply in detail to the present comments in 2005.]