Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the Government's report, the information provided by a Government representative to the Conference Committee in June 1999 and the discussion which followed.

Articles 1 and 3 of the Convention. In its previous observations, the Committee had referred to the need to take measures to ensure that procedures were in place for the rapid processing of cases of anti-union discrimination and that court rulings were enforced. In this respect, the Committee notes with interest that: (i) the Constitutional Court has held that the labour inspectorate must comply with the time limit of two months for its investigations; and that (ii) the Government has provided information on draft legislation to amend various sections of the Labour Code, submitted to the Legislative Assembly in November 1998 which have been prepared as part of a process of national dialogue. This draft text envisages an express process (of a maximum duration of 14 days, including appeals against the ruling of the first-level court) in the event of dismissal, accompanied by the imposition of fines in cases where the employer fails to comply with a reinstatement order. The Committee hopes that this draft legislation will be adopted in the near future and requests the Government to inform it of all progress achieved in this respect in its next report.

Article 4. For several years, the Committee has been referring to the non-recognition of the right to collective bargaining of public servants who are not engaged in the administration of the State. In this respect, the Committee notes with interest the information provided by the Government on a new Bill respecting public employment of October 1998, developed through the process of national dialogue, which is currently being examined by the Economic Affairs Commission of the Legislative Assembly and which would extend this right to the public sector. The Committee expresses the firm hope that the legislation on this matter will be adopted in the near future and requests the Government to keep it informed in this respect.