Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes the observations made by the Rerum Novarum Confederation of Workers, the International Confederation of Free Trade Unions (ICFTU), the Union of Employees of the Ministry of Finance (SINDHAC) and the Transport Workers Union of Costa Rica (SICOTRA) on the application of the Convention. The Committee also notes the Government’s reply to the observations of the Rerum Novarum Confederation of Workers and the ICFTU. The Committee further notes the observations made by the Union of Chambers and Associations of Private Enterprise of Costa Rica (UCCAEP) concerning trade union rights and their protection in Costa Rica.

The Committee notes that in two lengthy communications the Rerum Novarum Confederation of Workers indicates that, as a result of the various decisions by the judicial authorities, the right to collective bargaining has been denied to workers in the public sector, thereby violating the provisions of the Convention. The ICFTU supports these observations. In this respect, the Committee notes that the Government: (1) has requested the technical assistance of the Office with a view to the adoption of specific provisions relating to the right of public servants to bargain collectively; (2) expresses its readiness to prepare draft legislation; and (3) in this context, has convened the trade unions to a bipartite commission, although the unions have made their participation conditional on, among other matters, the ratification of ILO Conventions on this and other subjects, an attitude which the Government regrets. While recalling that, by virtue of Article 4 of the Convention, public servants who are not engaged in the administration of the State should enjoy the right to bargain collectively with a view to the regulation of their terms and conditions of employment, the Committee hopes that the Government, on receiving the requested technical assistance in the very near future, will proceed to bring national law and practice fully into conformity with the provisions of the Convention.

The Committee requests the Government to provide its comments in its next report on the observations made by SINDHAC and SICOTRA on the application of the Convention in their communication of 28 June 2000.

Finally, the Committee will examine the remaining matters raised in its previous observation during the course of the regular examination of the application of the Convention in 2001.