Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the Government's report and the conclusions of the Committee on Freedom of Association in Cases Nos. 1678 and 1695 concerning collective bargaining in the public sector (see 297th Report, paragraphs 421 to 430, approved by the Governing Body at its 262nd Session in March-April 1995), as well as in Case No. 1780 concerning allegations of anti-union dismissals (see 300th Report, paragraphs 130 to 143, approved by the Governing Body at its 264th Session in November 1995).

The Committee recalls that its previous comments related to the right to collective bargaining of public employees not engaged in the administration of the State. In its previous observation, the Committee had expressed the hope that the Bill on collective bargaining in the decentralized public sector would shortly be adopted and would be in line with the provisions of the Convention.

In this respect, the Committee notes with interest that, as indicated in its report, the Government submitted to the Legislative Assembly for approval the Bill on the Status of the Civil Service, which provides for the right to collective bargaining and to strike in the public sector, and is the result of consensus reached by the Government and public employees' organizations.

The Committee expresses the hope that the Bill on the Status of the Civil Service will be adopted in the near future and will be in line with the provisions of the Convention. The Committee requests the Government to keep it informed on the matter and to send it a copy of the text once it has been approved.

With reference to the allegations of dismissal of workers by an enterprise located in the free-trade zone of Costa Rica for having established the Trade Union of Construction, Metallurgical and Related Workers (SICMA) (Case No. 1780), the Committee, like the Committee on Freedom of Association, recommends that the Government take measures to ensure that whenever complaints are made of violations of trade union rights, workers in enterprises in free-trade zones, as well as elsewhere, benefit from speedy inquiry procedures with a view to providing effective protection (see paragraph 142 of the aforementioned 300th Report).

The Committee requests the Government to keep it informed of any measures adopted in this matter.