Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Wage Fixing Convention, 1970 (No. 131) - Costa Rica (Ratification: 1979)

The Committee notes the information provided in the Government’s report and the adoption of Decrees Nos. 32813-MTSS of 3 November 2005 and 33188‑MTSS of 22 June 2006 setting the minimum wages for the private sector for 2006. The Committee would, however, like to receive information on the following points.

Article 2, paragraph 1, of the Convention. Wages lower than the minimum wage for young workers. The Committee notes the Government’s indication that the working day of minors is set at a maximum of six hours, which justifies wages that are lower than the minimum wages of an adult, which are based on eight-hour working days. The Committee notes, however, that the Apprenticeship Act also covers young workers between 18 and 20 years of age, and that pursuant to section 5, these young workers may be remunerated at a rate of between 50 and 75 per cent of the minimum wage, even when they are not undergoing apprenticeship. Recalling that the reasons which may have inspired this provision – such as the promotion of the employment of young people in a period of crisis – must be re-examined in the light of the principle of equal remuneration for work of equal value, and recalling also that young workers may only receive wages lower than the minimum wage in exceptional circumstances if they receive training in return, the Committee asks the Government to provide additional information on the justification for retaining the inequality.

Part V of the report form. The Committee notes the information that the Labour Research and Management Unit, the department of the National Directorate of Labour Inspection responsible for compiling information relating to the application of the Convention, does not yet have at its disposal the computerized labour inspection and management system that is currently being developed. It also notes that the Government has said it will provide the information requested as soon as it is available. The Committee asks the Government to continue providing general information on the application of the Convention in practice, including, for instance, statistical data on the number and categories of workers covered by the minimum wage legislation, the minimum wage rates in effect by sector of the economy and occupational category, copies of studies or inquiries on fluctuations in the economic and social indicators used as a basis for the adjustment of the minimum wage rates, and inspection service reports containing details of the violations reported and the penalties imposed, etc.