Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Costa Rica (Ratification: 1962)

The Committee notes the Government’s communication in reply to the comments made by the Confederation of Workers Rerum Novarum (CTRN), dated 30 August 2012. The Committee recalls that the CTRN’s comments referred to discrimination against Nicaraguan Workers, failure to grant maternity leave and discrimination against workers with disabilities and workers living with HIV.

The Committee notes that, with regard to workers with disabilities, the Government refers to Act No. 7600 on equality of opportunity for persons with disabilities and the Act providing incentives to employers recruiting persons with disabilities (Act No. 7092). The Government adds that Act No. 7771 provides protection against discrimination for persons living with HIV and prohibits the requirement of HIV tests. The Government further indicates that the labour inspectorate is empowered to investigate any complaint concerning discrimination at work on grounds of age, sex, race, national extraction, HIV and AIDS, as well as complaints of sexual harassment. The Committee notes the model employment contract agreed between Nicaragua and Costa Rica, which contains provisions on terms and conditions of employment. The Committee requests the Government to provide information on the application in practice of the agreement on the model employment contract concluded between Nicaragua and Costa Rica. The Committee also requests the Government to indicate whether the legislation in force covers migrant workers and whether Nicaraguan workers who consider that they have suffered discrimination at the workplace have lodged complaints in this regard. The Committee further requests the Government to provide information on any administrative or judicial action taken to address discrimination on the grounds of nationality, disability or seropositive status. The Committee also asks the Government to reply to the issues raised in its previous direct request.