Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Costa Rica (Ratification: 1960)

Articles 1 and 2 of Convention (protection against acts of discrimination and interference). For several years in its comments the Committee has been requesting the Government to adopt specific provisions that expressly establish means of recourse and penalties against acts of anti-union discrimination and interference by employers in workers' organisations. In its previous observation, the Committee noted the information supplied by the Government in its report to the effect that the new draft of the integral reform of the Labour Code retains the sections respecting non-discrimination and non-interference that were contained in the 1981 draft Labour Code prepared with ILO assistance.

The Committee wishes to point out that the current legislation does not provide protection for trade union members and, in particular, does not guarantee the employment of trade union officers and trade unionists when the cause of their dismissal is participation in trade union activities, since dismissal is permitted - without giving the need to specify reasons (at "the desire of the employer") and only requiring the payment of statutory compensation (section 85 of the Labour Code). This is not in accordance with Article 1 of Convention No. 98.

The Committee notes the Government's statement in its latest report that it hopes to extend the provisions respecting protection against discrimination and interference by establishing a right of review and penalties. The Government also states that the Committee's comments will be analysed by the group that is examining the two draft texts of the Labour Code with the purpose of establishing one draft text.

The Committee hopes that provisions will be adopted in the near future to establish a right of review and sufficiently effective and dissuasive penalties against acts of anti-union discrimination and interference. The Committee requests the Government to inform it of developments in this respect.

Articles 4 and 6 (the right to bargain collectively of public servants who are not engaged in the administration of the State). The Committee had noted the information contained in the Government's previous report to the effect that a negotiating committee had been set up and was composed of the principal central trade union organisations, the Government of the Republic and various ministries, and that this committee had prepared draft legislation respecting collective bargaining in the decentralised public sector, which would be submitted to the Legislative Assembly.

In its latest report, the Government indicates that the draft legislation respecting collective bargaining in the decentralised public sector is now being examined by the Legal Affairs Commission of the Legislative Assembly and that it does not yet have any information available in this respect.

The Committee is bound once again to express the hope that the above draft legislation (which brings the legislation into conformity with the Convention) will be adopted in the near future and requests the Government to indicate any progress that is achieved in its next report.