Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Workers' Representatives Convention, 1971 (No. 135) - Costa Rica (Ratification: 1977)

The Committee notes the observations on the application of the Convention submitted by the World Federation of Trade Unions (WFTU) and the National Federation of Employees of the Social Security System and Fund (UNDECA) in a communication received in 2013, which relates to matters also considered by the Committee on Freedom of Association in June 2014 (see 372nd Report, Case No. 2929, paragraphs 99–109). The Committee also notes the observations sent by the Confederation of Workers Rerum Novarum (CTRN) in a communication received on 3 September 2014, referring to anti-union dismissals which are being examined by the judicial authority. The Committee also notes the observations sent by the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) and the International Organisation of Employers (IOE), received on 28 August 2014, stating that the case law of the Supreme Court of Justice already grants complete protection against dismissal and acts of discrimination towards trade union officials and trade union members. The Committee observes that the CTRN emphasizes that the average length of court proceedings dealing with anti-union acts is excessive, amounting to five years. The Committee notes the Government’s reply to the observations of the trade union organizations.

In its previous comments the Committee noted that the number of protected trade union representatives was very low (section 365 of the Labour Code provides for one trade union official for the first 20 unionized workers and one for every 25 additional workers, up to a maximum of four) and considered that it would be desirable to extend protection to a greater number of representatives, without prejudice to ensuring adequate general protection against acts of anti-union discrimination to all workers. The Committee notes that the issue of protection against acts of anti-union discrimination is the subject of Bill No. 15990 to reform labour procedures, which, according to the Government, is still under discussion within the Legislative Assembly, currently has parliamentary priority, establishes a quick procedure prior to dismissal to be undertaken by the employer and summary proceedings before the judicial authority with binding time limits for justifying the reasons for dismissal, and imposing severe penalties on any refusal to reinstate the worker if the dismissal cannot be justified. The Committee observes that these issues were raised in 2013 in relation to the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and it reiterates the conclusions it formulated in that context, which read as follows: “Noting the efforts made to resolve the problem of the slowness of procedures in cases of anti-union discrimination, the Committee hopes that the discrepancies that persist and which were preventing the Government from approving Bill No. 15990 to reform labour procedures will be resolved in the near future.” The Committee expresses the strong hope that it will be able to observe visible progress in the very near future and requests the Government to send a copy of the Bill, once it has been enacted.

Furthermore, the Committee previously noted Bill No. 13475 concerning the improvement of existing protection against anti-union discrimination and asked the Government to provide information on any developments in this respect. The Committee requests the Government to provide information on any progress made with regard to Bill No. 13475.