Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Workers' Representatives Convention, 1971 (No. 135) - Costa Rica (Ratification: 1977)

The Committee notes the Government's report.

With reference to its previous comments on the application of Article 1 of the Convention, the Committee notes with satisfaction that Act No. 7360 of 4 November 1993 lays down guarantees against acts of discrimination - including dismissal - against workers' representatives because of their trade union activities, which provide for reinstatement, the quashing of the prejudicial measures and fines of up to 23 months of minimum wages. This protection also applies, where there is no union in the enterprise, to representatives freely elected by the workers.

Furthermore, the Committee asks the Government to provide information on the facilities granted under Article 2 of the Convention to workers' representatives, in practice, in the private sector and the public sector by collective agreements or other means, for example, such as those set out in Recommendation No. 143 referred to below: facilities to enable them to carry out their functions promptly and efficiently; the necessary time off without loss of pay for carrying out their representation functions in the undertaking; access to the management of the enterprise; the right of assembly; the possibility of collecting trade union dues regularly on the premises of the enterprise; authorization to post trade union notices; the right to attend meetings, or such material facilities and information as may be necessary for the exercise of their functions.