Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Employment Policy Convention, 1964 (No. 122) - Costa Rica (Ratification: 1966)

The Committee notes the Government’s replies to the observations of the Confederation of Workers Rerum Novarum (CTRN) in 2017, which were included in its report. The Committee also notes the observations of the CTRN, received on 31 August 2021. The Committee requests the Government to send its reply in this respect.

Article 1 of the Convention. Formulation and implementation of an active employment policy. The Committee notes the copy of the study by the Ministry of National Planning and Economic Policy (MIDEPLAN), provided by the Government, which presents the challenges identified during the implementation, in 2019, of the Bicentennial National Development and Public Investment Plan (PNDIP) 2019–22. The PNDIP provides for the adoption of measures to strengthen the productive capacity of the country and to promote employment. The Committee observes that, according to the study, the current challenges include the need to bring education into line with labour market requirements, as, although efforts have been made in this regard, the 2018 National Survey of Enterprises (ENAE) shows that there is a number of job vacancies due to the lack of skills required for those jobs among applicants. The study also shows that women and young persons have the lowest employment rates and limited access to employment opportunities due to lack of experience and training in non-traditional branches of activity (such as science, technology and engineering). The Committee also notes that, despite the implementation of various programmes and measures to consolidate and improve the competitiveness of small and medium enterprises (SMEs) (which constitute 97.5 per cent of the business environment), the COVID-19 pandemic has had adverse effects on the economy, including the contraction of economic activity, a decrease in employment and changes in employment contracts.

The Committee also notes that, in its observations, the CTRN reports a lack of employment policy in the country. It also states that the COVID-19 pandemic exacerbated the existing employment issues in the country. In this regard, the CTRN highlights the increase in unemployment and underemployment, and in violations of social and labour rights, such as failure to pay minimum wages and wage reductions. The CTRN also states that, between 2019 and 2020, levels of poverty (without taking into account revenue from the health emergency) increased from 21 per cent to 30.4 per cent, while levels of extreme poverty increased from 5.8 per cent to 11 per cent. In its reply to the 2017 observations of the CTRN, the Government refers to the continued implementation of the National Strategy for Employment and Productive Development (ENDEP), which aims to “increase opportunities to enable women and men to find decent and productive work, through a combined effort of economic and social policy, and the public and private sectors, which fosters inclusive growth and the reduction of poverty and inequality”. The Government also provides information on the adoption of a project to support the implementation of this strategy with the help of the ILO Office in San José. However, the Committee notes the Government’s indication that it does not have any information on the impact of the measures adopted to achieve the objective of the Convention, including those adopted under the ENDEP. In this regard, the Committee underscores the importance of having statistical information that allows for the evaluation of the impact of measures adopted to create jobs. The Committee recalls that “a comprehensive, participative and transparent monitoring and evaluation mechanism enables all the parties concerned to identify achievements and challenges in meeting policy objectives. The Committee emphasizes that it is essential to ensure that policies are (..) monitored and evaluated in relation to the established targets and indicators” (2020 General Survey, Promoting employment and decent work in a changing landscape, paragraphs 112 and 153).Lastly, the Committee notes the approval of Act No. 9635, Act on strengthening public finances, on 3 December 2018, which, among other measures, provides for the adjustment of the wages and benefits of public servants. The CTRN maintains that the above-mentioned Act was adopted despite being contrary to a number of ILO Conventions, such as the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), as observed in a technical memorandum drafted by the ILO. The Committee once again requests the Government to provide information on the impact of the measures adopted to achieve the objectives of the Convention, including those adopted under the ENDEP and the Bicentennial National Development and Public Investment Plan (PNDIP) 2019–22.The Committee reminds the Government that it may avail itself of ILO technical assistance in that respect. Regarding the Act on strengthening public finances, the Committee refers to its 2020 observation on the application of Convention No. 98, in which, while it noted the repeated observations of the CTRN reporting that the Act was contrary to the Convention, the Committee requested the Government to provide its comments in that respect.

Article 3.Participation of the social partners. The Committee notes the Government’s indication that no consultations on employment policies and programmes were held with the social partners during the period covered by the report. Furthermore, the CTRN reports that the Higher Labour Council (CST) was not convened during this period to hold tripartite consultations on employment policies and programmes. In this regard, the Committee underscores that it is essential to ensure that policies are developed, implemented and evaluated through a consultative process with the social partners and representatives of those concerned by the measures to be taken (2020 General Survey, paragraph 153). The Committee requests the Government to indicate the manner in which representatives of workers’ and employers’ organizations have been consulted, as well as representatives of the parties involved in the design, development, implementation, monitoring and revision of the active labour market measures adopted, including the Act on strengthening public finances.

The Committee is raising other matters in a request addressed directly to the Government.