Employment Service Convention, 1948 (No. 88) - Costa Rica (Ratification: 1960)

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

Articles 1–3 of the Convention. Contribution of the employment service to employment promotion. The Committee notes with interest the adoption of Decree No. 41776-MTSS-MEP-MIDEPLAN-MDHIS-MCM-MCSP of 2019 establishing the National Employment System (SNE). Section 1 of the Decree provides that the objective of the SNE is to define the structure, logic and governance for employment services, so that these interlink to respond both to the dynamics of the labour market and to the needs of jobseekers or persons already in employment in order to retain their work or improve their conditions of work, giving priority to those in conditions of vulnerability. The SNE replaces the former National System of Employment Intermediation, Guidance and Information (SIOIE) and implements a new management model whereby public employment agencies provide registration, guidance, training, job intermediation and placement services, and also services for maintaining employment. The new model also provides for the establishment of a National Employment Council, a Technical Secretariat and a National Employment Agency (ANE). “Employment units” are also created as “single windows” to cater for individuals and enterprises, coordinated by the ANE and proposing SNE services via an in-person or virtual format or by phone (section 16). In this regard, the Government indicates that four agreements have been signed with municipalities for the implementation of the “employment unit network”. The Government also reports the establishment of the ANE.CR online platform, which facilitates contact between jobseekers and enterprises offering vacancies, as well as links between persons who wish to improve their employability and the training courses for achieving that. According to information available on the ANE.CR platform, as at 28 July 2022, the platform had 3,523 registered enterprises, 7,773 available vacancies and 22,140 registered jobseekers. Furthermore, the Government indicates that the National Employment Directorate (DNE) has concluded a total of 74 cooperation agreements with municipalities throughout the country to facilitate registration, intermediation and technical training services through municipal employment offices. Under these agreements, institutions have access to the DNE platform, which enables access, from the municipalities, to the various programmes implemented by the DNE, thereby benefiting users at the local level. Lastly, the Committee notes the information provided by the Government in its report on the application of the Employment Policy Convention, 1964 (No. 122), in which it refers to the approval by the DNE of Circulars DNE-CIR-14-2019 and DNE-CIR-9-2019 establishing guidelines for municipal employment services and for the functions and services provided by public employment service officials, with gender mainstreaming and equality of treatment for individuals. The Committee requests the Government to continue sending detailed, up-to-date information on the impact of the efforts made to ensure the efficient operation of a free public employment service comprising a network of employment offices to meet the needs of enterprises and workers throughout the country, especially those in situations of vulnerability. The Committee also requests the Government to continue providing up-to-date statistical information, disaggregated by age and sex, on applications for employment received by the National Employment System (SNE), vacancies notified and job placements effected by the SNE.The Committee also requests the Government to continue sending information on the number of existing public employment offices and the number of “employment units” established. The Committee also requests the Government to provide detailed, up-to-date information on the impact of the proposed measures, in collaboration with the social partners, in order to encourage maximum use of the employment service.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations made by the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), which were submitted with the Government’s report.

Articles 1–3 of the Convention. Contribution of the employment service to employment promotion. The Government indicates in its report that, since 2002, there has been a decentralization process with the aim of providing employers and workers with greater access to the employment service and extending the coverage of the service, which was previously focused on the city of San José. The National System of Employment Mediation, Guidance and Information (SIOIE) has a network of services which currently comprises: 59 municipalities that have signed an agreement with the Ministry of Labour and Social Security; 135 technical colleges; 43 evening sections of the Ministry of Public Education; nine regional branches and the head office of the National Training Institute (INA). The Government indicates that, between 18 August 2009 and 5 June 2015, the online platform registered a total of 127,408 jobseekers (99,590 in 2013), 31,265 vacancies (18,365 in 2013) and 8,108 job placements (4,932 in 2013). The Committee notes the observations of UCCAEP concerning various proposals to create good quality jobs and promote the formalization of the informal economy through the “Alliance for Employment and Productive Development”, which is composed of seven ministries and public institutions and the UCCAEP. Eight working groups comprising representatives of the Government and the productive sectors have been established, and were given the task of developing a short-term action plan to prevent job losses and create new employment. The Committee requests the Government to continue providing information on the efforts made to ensure the efficient operation of a free public employment service comprising a network of employment offices to meet the needs of enterprises and workers throughout the country. The Committee also requests the Government to continue providing information on the number of public employment offices established, the number of applications for employment received by the SIOIE, the number of vacancies notified, and the number of persons placed in employment by the SIOIE. Please continue providing information on the impact of the proposed measures, in collaboration with the social partners, in order to encourage full use of employment service facilities.

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

Modernization of the employment service. Contribution of the employment service to employment promotion. The Committee notes with interest the detailed information provided by the Government in the reports received in May 2012 and September 2013, in reply to the observation made in 2011. The Government indicates that the public employment service – the National System of Employment Mediation, Guidance and Information (SIOIE) – consists of a network of job placement services comprising 41 municipalities (which have signed an inter-institutional technical cooperation agreement with the Ministry of Labour and Social Security), 117 technical colleges, 43 evening class branches of the Ministry of Public Education and nine regional branches of the National Training Institute. The Committee also notes that the SIOIE has an online platform (www.buscoempleocr.com) providing an automated linkage to employment service tailored to the needs of the individual jobseeker. The Government indicates that between August 2009 and June 2013 the online platform registered 99,590 job applications, 18,365 vacancies, 4,932 job placements and 318,490 job referrals. The Committee further notes the statistical information provided with regard to the total registered on the platform as at 15 June 2013: jobseekers in relation to the follow-up body concerned; jobseekers between 15 and 35 years of age; enterprises by province; and jobs in relation to the follow-up body concerned. The Committee invites the Government to continue to provide information on the measures taken to ensure the efficient functioning of a free public employment service comprising a network of employment offices to meet the needs of enterprises and workers throughout the country (Articles 1–3 of the Convention). The Committee also invites the Government to continue to provide information on the number of public employment offices established, the number of applications for employment received by the SIOIE, the number of vacancies notified and the number of persons placed in employment by the SIOIE (Part IV of the report form).

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Modernization of the employment service. The Committee notes the report for the period ending May 2010. The Government attached to the report Decree No. 3436-MTSS published in December 2008 revising the national system of employment mediation, guidance and information and re-establishing a National Employment Mediation Council. The Government adds that in August 2009 the electronic employment mediation platform was launched. The Committee emphasizes that the implementation of Conventions Nos 88 and 122, ratified by Costa Rica, would give effect to the right to work and would assist in achieving full employment (Article 1(2) of the Convention). In the 2010 General Survey concerning employment instruments, the Committee emphasized that the public employment service is one of the institutions necessary to achieve full employment. The conjunction of Conventions Nos 88 and 122 forms part of a structure that is necessary for employment growth (see paragraphs 785–790 of the 2010 General Survey). The Committee refers to the comments that it has been making for many years and requests the Government to provide information so that it can examine the efficient operation of the free public employment service, with the participation of the social partners and comprising a network of employment offices sufficient in number to meet the needs of employers and workers throughout the country (Articles 1 to 5 of the Convention).

Part IV of the report form. Application in practice. The Committee requests the Government to provide statistical information on the number of employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the national employment mediation, guidance and information system.

[The Government is asked to reply in detail to the present comments in 2013.]

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

1. Modernization of the employment service. Cooperation with the social partners. With reference to the comments that it has been making for many years, the Committee notes with interest the new regulations and the establishment of the National Employment Placement Council, which is tripartite in composition. In 2004, tripartite committees were established dealing with the surveillance of the labour market, the assessment of employment exchanges and the national employment system. During the period 2000-04, the Ministry of Labour and Social Security concluded agreements with municipal authorities with a view to the decentralization of employment services with the active participation of local governments and representatives of civil society. The Committee requests the Government to continue providing information on the measures adopted to ensure the efficient operation of the free public employment service, with the cooperation of the social partners and comprising a network of employment offices sufficient in number to meet the needs of employers and workers throughout the country (Articles 1 to 5 of the Convention).

2. Application in practice. The Committee requests the Government to provide statistical information in its next report on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices (Part IV of the report form).

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's detailed report which includes a report for the first semester of 1997 of the activities of the National Employment Agency. The Committee notes with interest the adoption of Decree No. 26339-MTSS of 1 September 1997 establishing the Technical Services Employment Council whose role is to coordinate, assess and provide information in employment matters in order to maintain adequate knowledge of the employment market. The Committee would be grateful if the Government would indicate whether it has adopted the Regulation with respect to the organization and operation of the Technical Services Employment Council which provides for the cooperation of representatives of workers and employers in the organization and operation of employment services as laid down under Articles 4 and 5 of the Convention. The Committee reiterates its hope that the necessary arrangements shall be made in the near future, through the advisory committees, the cooperation of the representatives of employers' and workers' organizations in the development of the programme and general policy of the employment service. The Committee trusts that the Government will indicate the measures adopted in this regard and provide the information requested in Parts IV and VI of the report form for the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its report concerning the development of the national system of public employment offices and measures taken to meet the needs of particular categories of applicants for employment, such as disabled persons. As regards statistical information, the Government indicates that such information is in the process of being compiled and that the relevant statistical tables are under preparation. The Committee therefore hopes that the Government will not fail to provide, with its next report, the statistical information available concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices, as requested by point IV of the report form.

Articles 4 and 5 of the Convention. The Government refers in its report to the establishment, under the auspices of the National Vocational Training Institute, of Liaison Committees which could allow the participation of representatives of employers, workers and public institutions in the definition and application of measures concerning vocational training and employment. The Committee would be grateful if the Government would describe in more detail the functions of these committees and their structure, indicating, in particular, whether representatives of employers and workers on these committees cooperate in the organization and operation of the employment service and in the development of employment service policy, and whether the representatives of employers and workers are appointed in equal numbers after consultation with representative organizations of employers and workers, as required by these Articles of the Convention. Please also indicate the number of such committees established nationally and, if applicable, regionally and locally.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. With reference to its previous comments, the Committee notes with interest that the Directorate of Employment has established three regional employment offices, with the support of resources supplied by the European Economic Community, which give special emphasis to the employment situation of refugees without neglecting the need to place Costa Rican workers in employment. It has also signed agreements with industrial groups and local authorities to install employment services. The Government also describes the programmes carried out by the National Directorate of Employment through the Statistics and Research Unit of the Research and Planning Department. It states that notable progress has been made in establishing a general employment system, with the support of the ILO, which encompasses all the possible variations in vacancies and jobseekers and provides a service which is continually being improved as regards its organisation and is directed to providing a rapid response to the job applications that it receives. The Committee appreciates the efforts being made by the Government to organise an employment service in accordance with Articles 3, 6, 7 and 8 of the Convention. It trusts that in its future reports the Government will continue to supply information on the progress achieved by the employment service, and in particular with regard to adequately meeting the needs of particular categories of applicants for employment, such as disabled persons and juveniles, and that it will provide with its report the statistical information available in published annual or periodical reports concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices (point IV of the report form).

2. In its previous comments, the Committee referred to the functions of the National Employment Council in relation to the application of Articles 4 and 5 of the Convention which provide, in particular, that the necessary agreements shall be concluded, through advisory committees, for the co-operation of representatives of employers and workers in the organisation and operation of the employment service and in the development of employment service policy. In its last report, the Government states that the National Employment Council did not commence operations and it refers to the activities of the National Directorate of Employment and the support received from the ILO, UNDP and PREALC for the National Employment Generation Programme (see, in this connection, the observation made in 1989 concerning the application of the Employment Policy Convention, 1964 (No. 122)). The Committee notes the above and hopes that the Government's next report will also contain the information called for in the report form on the establishment of advisory committees.