Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 3 of the Convention. Payment of wages in legal tender. The Committee has been drawing the Government’s attention for years to the need to modify section 165 of the Labour Code, which provides that coffee plantations may provide workers, in place of cash, with representative token of the currency provided that its conversion into cash is verified within a week of it being issued. Based on information contained in the Government’s latest report, the Committee understands that steps are being taken to build up support for and initiate the legislative changes required to bring the provisions of the Labour Code into full conformity with Article 3 of the Convention. The Committee accordingly asks the Government to keep the Office informed of any new initiative to amend section 165 of the Labour Code and any concrete results achieved.

Article 4(2)(b). Fair and reasonable value attributed to allowances in kind. The Committee recalls its previous comment in which it requested the Government to take the necessary measures to amend section 166 of the Labour Code, which establishes as a rule that the cash value of any allowances in kind will be fixed at a flat rate of 50 per cent of the money wages if no other amount has been determined by agreement between the parties. The Committee notes the Government’s statement in its latest report that it will consider the possibility of requesting technical assistance from the ILO Office for Central America in order to receive recommendations that take into account national realities. The Committee draws the Government’s attention, in this connection, to paragraphs 154–158 of the 2003 General Survey on the protection of wages which highlight possible ways for ensuring national conformity with the requirements of the Convention (for example, benefits in kind to be valued at cost price, or not to exceed ordinary market value, the value of certain goods or services to be fixed by law). The Committee accordingly asks the Government, once again, to take all necessary measures without further delay to amend section 166 of the Labour Code and to provide information on any progress made in this respect.