National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Article 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. The Committee notes the Government’s report for the period ending May 2009. The Government indicates that it has shared the documents sent by the ILO with the employers’ and workers’ organizations. The Committee notes with interest the official letters sent between 2006 and 2009 to the social partners requesting their opinions on the matters covered by the Convention. The Government also recalls in its report the agreements reached in the Higher Labour Council, with technical assistance from the ILO, to promote and achieve consensus on the draft reform of labour procedures and other matters relating to freedom of association and collective bargaining. The Government points out that the Higher Labour Council is dedicated to drawing up and discussing the second National Employment Plan and the Decent Work Agenda and for that reason the analysis of Conventions Nos 151 and 154 and the draft labour reform has been temporarily suspended. The Committee requests the Government to continue providing information on the consultations held in the Higher Labour Council on the matters relating to international labour standards covered by the Convention.
Article 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. The Committee notes the Government’s report for the period ending May 2007. The Government emphasized the consultations that are being held in the Higher Labour Council, particularly those aimed at formulating the National Employment Plan. It also attached the detailed reports of the meetings held in February, March and April 2007 in which a number of questions relating to international labour standards were raised. The report of 14 March 2007 included a draft workplan of the Higher Labour Council including a point on “prioritizing Conventions – analysis and positions on several Conventions”. The Committee requests the Government to provide further information in its next report on the consultations held in the Higher Labour Council on international labour standards (questionnaires relating to the Conference agenda, submission of the instruments adopted by the Conference to the Legislative Assembly, reports due on the application of ratified Conventions, prospects of ratification, denunciation of Conventions).
Tripartite consultations required by the Convention. The Committee notes the Government’s report, which describes the activities of the Higher Labour Council to reform the Labour Code and prepare the National Employment Policy for Costa Rica. The Committee requests the Government to indicate in its next report the manner in which the Higher Labour Council has participated in the tripartite consultations on international labour standards required by Article 5, paragraph 1, of the Convention. Please also indicate the written communications undertaken in relation to the tripartite consultations required by the Convention.
In response to its previous direct request, the Government indicates that the processes of consultation are undertaken in due form within the framework of the Higher Labour Council. In this respect, the Committee notes the communications from the Government to the Higher Labour Council relating to consultations on the matters covered by the Convention. The Committee trusts that in future reports the Government will continue to provide information on the consultations required by Article 5, paragraph 1, of the Convention, including any reports issued by the Higher Labour Council and information on the recommendations made as a result of the consultations.
The Committee notes the information contained in the Government's report and, in particular, with regard to the consultations which had taken place on the questions enumerated under Article 5, paragraph 1(b) and (c), of the Convention. The Committee would nevertheless like to remind the Government of the need to provide in its future reports on the application of the Convention full and detailed information on the consultations undertaken on each of the questions raised under Article 5, paragraph 1(b) and (c). In this regard, the Committee would like to recall that issues such as responses to questionnaires, submissions to the competent authorities, reports to be submitted to the ILO require annual consultation, whereas issues such as the re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions require less frequent consultation. The Committee trusts that the Government will take due note of this information when preparing future reports.
The Committee notes the Government's report for the period ending May 1998 and the useful information provided in annex. It notes the detailed information on the consultations held under the aegis of the Supreme Labour Council, in accordance with Article 5, paragraph 1(b) and (c), of the Convention, on the proposals relating to the submission of Conventions and Recommendations to the Legislative Assembly and on the effect which has been given to them. It also notes the information on the consultations held, in accordance with Article 5, paragraph 1(a), concerning replies to questionnaires on certain items on the agenda of the 86th International Labour Conference.
Furthermore, the Committee note the comments made by the Government in reply to the communication of the Inter-Confederal Committee of Costa Rica alleging non-compliance with the provisions of Article 5, paragraph 1(d). The Government states, without providing other information, that it gives effect to the above provisions by transmitting systematically to the representative organizations of employers and workers the reports to be submitted to the ILO under article 22 of the ILO Constitution. In this respect, the Committee wishes to recall that, in its General Survey of 1982, it stated that, as required by Article 2 of the Convention, the consultation procedures on each of the subjects enumerated in Article 5, paragraph 1, must be effective, which means that they have to enable employers' and workers' organizations to have a useful say on the above matters. For this purpose, the consultations must be held prior to the adoption of a decision by the Government and sufficient time must be given to the representative organizations to enable them to make any comments that they consider useful. In view of the above, the Government is requested to indicate whether effect is given in the spirit of the Convention to the above provisions of Article 2 with regard to the report provided to the ILO on the application of ratified Conventions.
The Committee requests the Government to continue supplying detailed information in future reports on the consultations held on the matters enumerated in Article 5, paragraph 1(a), (b) and (c), and hopes that it will provide information on the consultations held concerning the report to be submitted to the ILO on the application of ratified Conventions (point (d)), taking into account the explanations provided in this observation.
The Committee notes the observations sent to the ILO Office for Central America and Panama by the Costa Rica Inter-Federal Committee. A copy of these observations was sent to the Government on 12 September 1997. The above-cited Committee alleges non-observance of ILO Conventions Nos. 81, 87, 98, 105, 111, 122, 135 and 144. As regards Convention No. 144, it alleges that the Government does not give effect to the provisions of Article 5, paragraph 1(d), under which the tripartite consultations provided for in the Convention must cover questions arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution.
The Committee notes the additional information supplied by the above-cited Committee in support of its allegations. Noting the information on the exchange of communications between the Committee and the Ministry of Labour, it is bound to remind the Government that, in its General Survey of 1982, it pointed out that under Article 2 of the Convention the consultation procedures on each of the matters listed in Article 5, paragraph 1, must be effective, in other words they must enable the employers' and the workers' organizations to comment usefully on the matters in question. For that to be so, the consultations must take place before the Government comes to a decision. In view of the foregoing, the Committee asks the Government to bring national practice into conformity with the provisions of the Convention.
The Committee also notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the points raised in this direct request and the previous one which read as follows:
1. The Committee notes the Government's report for the period ending June 1994, received in February 1995, and the supplementary information sent by the Government in a report received in October 1995.
2. With reference to the observations made by the Association of Customs Officers (ASEPA) in November 1994 in respect to the application of Convention No. 144, the Committee observes that the type of consultations held in a round table (mesa de concertación) are not of the type which must be conducted under the Convention.
3. Article 5, paragraph 1(c), of the Convention. The Committee takes due note of the consultations held in the framework of the Supreme Labour Council on the proposals related to the submission of Conventions and Recommendations. The Government has indicated in a communication dated 2 March 1995 to the ILO Office for Central America and Panama that a large group of Conventions adopted by the ILO which had not been the subject of consultations in the Supreme Labour Council has been withdrawn from the agenda of the Special Session of the Parliament. Having rectified this error, the Government proceeded to hold consultations in the framework of the Supreme Labour Council on a number of Conventions and Recommendations. The Committee would be grateful if the Government would continue to supply specific information on the results achieved in the Supreme Labour Council in the consultations held and on the subsequent treatment by the Legislative Assembly, for consultations on the submission of Conventions and Recommendations, in accordance with article 19 of the ILO Constitution.
4. Taking the aforegoing into account, the Committee notes that the information supplied by the Government does not allow it to ascertain in what way the other consultations required by the Convention were held, on the replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5, paragraph 1(a) of the Convention) and questions arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution (Article 5, paragraph 1(d)). The Committee is bound to repeat its previous direct requests, asking the Government to supply in its next report specific information on the consultations held on each of the matters set out in Article 5 of the Convention, including particulars on the frequency of consultations and indicating also any reports prepared or recommendations made as a result of these consultations.
The Committee notes the Government's report and the information supplied in reply to its previous comments, particularly in relation to the application of Articles 2, 4 and 6 of the Convention. It would be grateful if the Government would continue to supply information in its future reports on the implementation of the procedures established by virtue of Decree No. 20601.P of 5 August 1991, and particularly on the operation and activities of the Supreme Labour Council, with a view to illustrating the manner in which "effective" consultations are ensured in practice in the sense set out in the Convention.
Article 5. In its previous comments, the Committee noted that the Supreme Labour Council is responsible, under the terms of the above Decree of 1991, for studying proposals relating to the submission of ILO instruments, replies to questionnaires concerning items on the agenda of the International Labour Conference, and the examination of questions relating to the eventual ratification of Conventions. The Committee notes that the Government's report only indicates, in respect of Article 5, that it proposes to submit questionnaires on items on the agenda of the Conference to the Supreme Labour Council. The Committee requests the Government to supply information in its next report on the consultations held on each of the matters set out in paragraph 1 of Article 5 of the Convention, including information on the frequency of such consultations, which must be held "at least once a year". Please also provide information on the nature of any reports or recommendations issued as a result of these consultations.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request.
The Committee noted the text of Decree No. 20601-TSS of 5 August 1991 which establishes a tripartite Supreme Council of Labour which is charged, inter alia, with studying proposals which the Government will present to the National Assembly with respect to the submission of ILO Conventions and Recommendations, with studying government replies to questionnaires concerning items on the agenda of the International Labour Conference, and with examining at appropriate intervals questions regarding the eventual ratification of unratified Conventions and of the application of Recommendations to which effect previously had not been given.
The Committee asked the Government to provide further particulars on the following Articles in its forthcoming report:
Article 2 of the Convention. The Committee would be grateful if the Government, in its forthcoming report, would provide it with information concerning the operation of the procedures established under the Decree and, in particular, the operation of the Council, designed to ensure effective consultations in accordance with the Convention.
Article 3, paragraph 1, of the Convention. The Committee would be grateful if the Government, in its forthcoming report, would provide it with information concerning the operation of the procedures established under the Decree designed to ensure that the representatives of employers and workers are freely chosen by their organizations in accordance with the Convention.
Article 4, paragraph 2, of the Convention. The Committee would be grateful if the Government, in its forthcoming report, would inform it whether any arrangements have been made by the competent authority and the representative organizations for the financing of any necessary training of participants in the procedures established under the Decree.
Article 5 of the Convention. The Committee would be grateful if the Government, in its forthcoming report, would provide it with detailed information on any consultations which have taken place on each of the questions set forth in paragraph 1 of this Article, including the actual frequency of such consultations.
Article 6 of the Convention. The Committee would be grateful if the Government, in its forthcoming report, would provide it with a copy of any report issued by the competent authority in connection with the procedures established under the Decree.
Further to its previous comments, the Committee notes with interest the information submitted by the Government by its letter dated 8 August 1991, transmitting to the ILO the text of Decree No. 20601-TSS promulgated on 5 August 1991 by the President of the Republic and the Ministry of Labour and Social Security. The Decree establishes, under the authority of the Ministry of Labour and Social Security, a Supreme Council of Labour which is charged with bringing together representatives of the Government and of organisations of employers and workers for the purpose of consultations on ILO matters.
The Committee notes that the Council is charged, inter alia, with studying proposals which the Government will present to the National Assembly with respect to the submission of ILO Conventions and Recommendations, with studying government replies to questionnaires concerning items on the agenda of the International Labour Conference, and with examining at appropriate intervals questions regarding the eventual ratification of unratified Conventions and of the application of Recommendations to which effect previously had not been given.
The Committee further notes that the Decree provides that the Council shall be composed of three representatives of the Government nominated by the Executive, and of three representatives of employers and workers.
In connection with the above, the Committee would be grateful if the Government could provide further particulars on the following Articles in its forthcoming report:
Article 3, paragraph 1, of the Convention. The Committee would be grateful if the Government, in its forthcoming report, would provide it with information concerning the operation of the procedures established under the Decree designed to ensure that the representatives of employers and workers are freely chosen by their organisations in accordance with the Convention.
Article 4, paragraph 2, of the Convention. The Committee would be grateful if the Government, in its forthcoming report, would inform it whether any arrangements have been made by the competent authority and the representative organisations for the financing of any necessary training of participants in the procedures established under the Decree.
The Committee notes the information supplied by the Government in its report.
With reference to its previous comment, the Committee notes that the Government has still not provided information on consultations with the representative employers' and workers' organisations concerning the written consultation procedure referred to by the Government, as required by Article 2, paragraph 2, of the Convention. The Committee once more trusts that it will be possible for such consultations to be held in the near future and that the next report will indicate that they have taken place.
The Committee also trusts that the Government will be able to provide detailed information on any consultations that have taken place on each of the questions set out at Article 5, paragraph 1, and to specify the nature of any reports or recommendations resulting from such consultations.
The Committee takes note of the information supplied in the Government's last report.
In its earlier comments, the Committee asked the Government to state whether consultations had been held with the representative organisations, prior to the determination of the nature of the consultation procedures followed (Article 2, paragraph 2, of the Convention). The Government states that this is not yet the case but that it intends to consult the above organisations on the appropriate form of written consultations. The Committee trusts that it will be possible for such consultations to take place in the near future and that this will be confirmed in the next report.
The Committee also asked the Government to provide detailed information on the consultations held on each question enumerated in Article 5, paragraph 1, and on the frequency of such consultations. It notes that the Government provided a very general reply rather than the specific information requested. The Committee would be grateful if the Government would also state in its next report the manner in which effect is given to this provision of the Convention.