Minimum Wage Fixing Convention, 1970 (No. 131) - Costa Rica (Ratification: 1979)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 2(1) of the Convention. Differentiated minimum wage rates for young workers. The Committee notes the Government’s indication that the Apprenticeship Act No. 4903, which allows for remuneration for young persons to be fixed at a rate between 50 and 75 per cent of the minimum wage, is in the process of being revised. The Committee recalls that the Apprenticeship Act No. 4903 covers all young workers between 18 and 20 years of age, including those who are not covered by an apprenticeship contract and thus do not receive any training. The Committee accordingly hopes that, in the context of the ongoing revision of the Apprenticeship Act, the Government will review the practice of differentiated minimum wage rates for young workers so as to ensure that the principle of equal remuneration for work of equal value is fully and effectively applied.

Article 3. Criteria for determining minimum wage levels. The Committee notes the Government’s explanations that the family basket of goods indicator is no longer used by the National Wages Council, which adopted in 2012 by consensus a new methodology for the annual readjustment of minimum wages based on two elements: (1) the expected inflation rate based on projections established by the Central Bank; and (2) the gross domestic product per capita. The Committee understands that the new methodology has been introduced on a trial basis and that its operation will be evaluated after three years. The Committee requests the Government to provide in future reports information on the practical application of the new methodology and the results of its eventual re-evaluation.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 3 and 5 of the Convention. Criteria for determining minimum wage levels – Adequate inspection. The Committee notes the Government’s reply to the comments made by the Confederation of Workers Rerum Novarum (CTRN) alleging inadequate monitoring of compliance with minimum wage legislation due to the limited number of labour inspectors and also emphasizing the need to bring up to date the structure and value of the family basket of goods (both urban and rural) and to strengthen the National Wages Council.

In its response, the Government indicates that major efforts have been made in the last five years for increasing the staffing of the National Inspection Directorate (DNI). The Government also refers to the National Minimum Wages Campaign launched in 2010 with a view to reinforcing the supervision of minimum wage legislation. The Government states that ensuring compliance with minimum wage rates in force has become a national priority and is part of a national strategy for the eradication of extreme poverty. According to the statistical results obtained during the first year of the National Minimum Wages Campaign, from 1 August 2010 to 31 August 2011, 9,770 establishments were inspected, of which 4,161, or 42.6 per cent, were found in breach of the applicable minimum wage legislation. Most of the cases of non-compliance, i.e. 41 per cent, were observed in commerce and agriculture.

While noting these explanations which tend to confirm CTRN’s concern about a significant part of the active population receiving wages inferior to the applicable minimum wage, the Committee asks the Government to take all appropriate measures to ensure the effective application of the national legislation relating to minimum wages, including the employment of a sufficient number of adequately trained inspectors and the imposition of truly dissuasive penalties for infringement of the provisions relating to minimum wages.

The Committee also requests the Government to submit its observations with respect to other issues raised by CTRN, including the determination of the “family basket of goods” indicator, and the methodology used by the National Wages Council for the annual readjustment of the minimum wage.

Finally, the Committee would appreciate receiving the Government’s response to the point raised in an earlier comment concerning the application of Article 2(1) of the Convention (young workers remunerated at a rate of between 50 and 75 per cent of the minimum wage).

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

Articles 3 and 5 of the Convention. Criteria for determining minimum wage levels – Adequate inspection. The Committee notes the comments of the Confederation of Workers Rerum Novarum (CTRN), which were received on 31 August 2011 and transmitted to the Government on 22 September 2011, concerning the application of this Convention. The CTRN denounces the low number of labour inspectors resulting in poor compliance with the minimum wage legislation. The CTRN indicates, in this regard, that practically one third of the active population receives wages inferior to the applicable minimum wage rates. In addition, the CTRN draws attention to the need to bring up to date the structure and value of the family basket of goods (rural and urban), to strengthen the National Wages Council and to create within the Ministry of Labour a Technical Unit on Productivity. The Committee requests the Government to transmit any comments it may wish to make in response to the observations of the CTRN.

In addition, the Committee understands that in October 2011, the National Wages Council adopted unanimously changes in the methodology for the annual readjustment of the minimum wage. Whereas since 1998, minimum wage rates were reviewed only on the basis of the recorded inflation rate, in the future they will be adjusted by reference to national productivity levels and the expected inflation rate. The Committee requests the Government to provide in its next report additional explanations on the new methodology and its impact on minimum wage rates.

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

The Committee notes the information provided in the Government’s report and the adoption of Decrees Nos. 32813-MTSS of 3 November 2005 and 33188‑MTSS of 22 June 2006 setting the minimum wages for the private sector for 2006. The Committee would, however, like to receive information on the following points.

Article 2, paragraph 1, of the Convention. Wages lower than the minimum wage for young workers. The Committee notes the Government’s indication that the working day of minors is set at a maximum of six hours, which justifies wages that are lower than the minimum wages of an adult, which are based on eight-hour working days. The Committee notes, however, that the Apprenticeship Act also covers young workers between 18 and 20 years of age, and that pursuant to section 5, these young workers may be remunerated at a rate of between 50 and 75 per cent of the minimum wage, even when they are not undergoing apprenticeship. Recalling that the reasons which may have inspired this provision – such as the promotion of the employment of young people in a period of crisis – must be re-examined in the light of the principle of equal remuneration for work of equal value, and recalling also that young workers may only receive wages lower than the minimum wage in exceptional circumstances if they receive training in return, the Committee asks the Government to provide additional information on the justification for retaining the inequality.

Part V of the report form. The Committee notes the information that the Labour Research and Management Unit, the department of the National Directorate of Labour Inspection responsible for compiling information relating to the application of the Convention, does not yet have at its disposal the computerized labour inspection and management system that is currently being developed. It also notes that the Government has said it will provide the information requested as soon as it is available. The Committee asks the Government to continue providing general information on the application of the Convention in practice, including, for instance, statistical data on the number and categories of workers covered by the minimum wage legislation, the minimum wage rates in effect by sector of the economy and occupational category, copies of studies or inquiries on fluctuations in the economic and social indicators used as a basis for the adjustment of the minimum wage rates, and inspection service reports containing details of the violations reported and the penalties imposed, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s detailed report and the attached documents.

Article 2, paragraph 1, of the Convention. The Committee notes that the Apprenticeship Act of 16 November 1971 provides in section 5 that young persons between 15 and 20 years of age may receive a wage that is significantly lower than the minimum wage for the first two years of work, even when they are not covered by an apprenticeship contract and, as a consequence, do not receive any training. In this connection, the Committee refers to paragraph 176 of its General Survey of 1992 on minimum wages and emphasizes that the reasons that prompted the adoption of lower minimum wage rates for groups of workers on account of their age should be regularly re-examined in the light of the principle of equal remuneration for work of equal value, and that the quantity and quality of the work performed should be the criterion applied in determining the amount of the wage. The Committee requests the Government to provide updated information on the number of workers covered by the above provision, the reasons for which a lower minimum wage rate has been established on account of their age, and any measure adopted or envisaged to comply with the principle of "equal wages for work of equal value".

Article 5 and Part V of the report form. The Committee notes Decree No. 30547-MTSS, of 26 June 2002, determining minimum wage rates by economic sector and occupational category, applicable as from 1 July 2002. The Committee requests the Government to continue providing information of a general nature on the application of the Convention in practice, such as statistics on the number of workers covered by the various categories of minimum wages, the results of the inspections carried out (violations reported, sanctions imposed, etc.), and any other information concerning the application of the minimum wage provisions.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee requests the Government to continue to provide, in accordance with Article 2, paragraph 1, read together with Article 5 and Part V of the report form, general information on the application of the Convention in practice, including in the agricultural sector, such as the results of inspection visits with particulars of the infringements recorded, the sanctions imposed, etc.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

In its previous comments the Committee asked the Government to continue to provide information on the measures adopted to abolish the practices which extend the maximum working day beyond the limits fixed within the constitutional frame thereby ensuring that the minimum hourly wage rates for road transport workers are observed. The Committee notes with satisfaction the Government's statement in its last report that on 2 September 1998 Regulation N-27298-MTSS on the "Working Conditions and Occupational Health of Bus Drivers" was adopted, which prohibits any extension of the working day beyond the limit established in sections 9(a) and 17 thereof.

The Committee is also addressing a request directly to the Government on other issues.

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

The Committee notes the information communicated by the Government in response to its previous observation.

The Committee notes, with satisfaction, the Government's statement to the effect that Act No. 7679 was adopted on 17 July 1997, repealing section 146 of the Labour Code which provided for the establishment of special provisions for the normal working day with regard to certain types of work, and resulted in certain categories of workers receiving a wage which was less than the statutory minimum wage.

In light of the fact that the Government states that the courts guarantee the abolition of practices which extend the limits of the maximum working day beyond those fixed within the framework of the Constitution and enforce the respect of minimal hourly wage rates for road transport workers, fixed by Decree No. 26537-MTSS of 3 December 1997 respecting minimum wage rates, the Committee requests the Government to inform it of the measures taken to abolish the above practices and to ensure compliance with the provisions of the Convention, in particular, with the provisions concerning the minimum wage rates established. The Committee also requests the Government to continue to provide, in conformity with Article 2, paragraph 1, in conjunction with Article 5 of the Convention and point V of the report form, general information relative to the practical application of the Convention, including its application in such sectors as the agricultural sector, the reports of the inspection services (for example: the violations observed, sanctions imposed, etc.).

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the adoption of Decree No. 25 713-MTSS to amend the minimum wage rates, as of 1 January 1997, for a number of categories of agricultural and industrial workers. The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied, in accordance with point V of the report form.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

In its previous comments, the Committee examined the observations made by the Confederation of Workers Rerum Novarum (CTRN) relating to wage rates for road transport workers which, when calculated on an hourly basis, are excessively low (below the legal minimum rates), considering the excessive number of hours worked. The Committee noted that at the instance of the Ministry of Labour and following consultation with employers and workers, the Government submitted to the Legislative Assembly a Bill to amend section 146 of the Labour Code providing for the establishment of special provisions in respect of the number of working hours for certain types of work.

Noting that the Government's report does not contain any information on this matter, the Committee hopes that the amendment in question will enable the hourly rates for the minimum wages of road transport workers to be respected and that the Government will provide a copy of the text as soon as it has been adopted.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee again asks the Government to supply information, in accordance with Article 5 of the Convention and under point V of the report form, on the effective application of provisions concerning minimum wages, including for instance extracts from the reports of the inspection services, with a view to ensuring observance of minimum wages (the number of offences reported, sanctions imposed, etc.).

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in reply to the comments made by the Confederation of Workers Rerum Novarum (CTRN) relating to an excessively low wage rate per hour for road transport workers.

The Committee notes the decision by the Higher Court of San Jose (No. 796 of 27.11.1990) to the effect that "in accordance with the principle of the most favourable rule and with what is laid down in section 17 of the Labour Code under which the interest of the workers must prevail in interpreting labour law, the general provisions of sections 136 and 139 of the Labour Code must be applied to transport drivers, bearing in mind that it is dangerous for a worker who transports people to be subjected to excessively tiring days which may result in exhaustion and, consequently, risk to the health and especially the safety of users of the service".

The Committee also notes with interest that, at the initiative of the Minister of Labour, after consultation with employers and workers, the Government has submitted to the Legislative Assembly a draft law repealing section 146 of the Labour Code which, in March 1996, received a favourable Opinion from the Standing Commission on Social Affairs. According to the Government, this draft law - which is based on article 58 of the Constitution and section 136 of the Labour Code setting out the limits of the working day - fixes the length of the ordinary working day. According to the Government, there is no valid reason from the legal or social point of view to subject workers in the transport sector to discriminatory treatment as compared with other categories of workers covered by section 146 of the Labour Code.

The Committee requests the Government to send it a copy of the relevant text once the draft law has been adopted.

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

In its previous request, the Committee noted the detailed information supplied by the Government on the development of the minimum wages in the private and the public sector, in accordance with Article 4 of the Convention. It hopes that the Government will continue to provide information in this regard in future reports, and also supply information on the income of persons classified as "invisibly underemployed".

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee requests the Government to continue supplying information, in accordance with Article 5 of the Convention and under point V of the report form, on the effective application of provisions concerning minimum wages, including for instance extracts from the reports of the inspection services with a view to ensuring observance of minimum wages (the number of offences reported, sanctions imposed, etc.).

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

The Committee notes the comments made by the Confederation of Workers Rerum Novarum (CTRN), which point out the long working hours effected without additional pay in the road transport sector, resulting in an excessively low wage rate per hour. It invites the Government to provide information on the question in the light of Article 5 (effective application of provisions concerning minimum wages) of the Convention.

The Committee is also addressing a direct request to the Government on certain other points.

[The Government is asked to report in detail by 1 September 1995, at the latest.]

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee refers to the comments made by the Confederation of Workers Rerum Novarum (CTRN) pointing out the very long working hours effected without additional pay in the road transport sector, resulting in an excessively low wage rate per hour. It notes the detailed report provided by the Government in reply in the above observations.

The Committee notes the references made by the Government to the labour courts, which previously granted to workers in the road transport sector treatment that was less favourable than that enjoyed by other workers under section 146 of the Labour Code, by virtue of which working hours in the transport sector were to have been governed by special provisions that have never been adopted. The labour courts, applying the principle whereby the interpretation of labour legislation has to be based on the most favourable provisions (section 17 of the Labour Code), now agree to accord to drivers the benefit of sections 136 and 139 of the Labour Code establishing the normal working day at eight hours and requiring additional remuneration of 50 per cent for overtime hours.

The Government also recalls that under the terms of section 163 of the Labour Code, although wages are determined freely, they cannot be lower than the minimum wage prescribed by law. The Committee also notes Decree No. 23847-MTSS of 29 July 1995 which fixes, among other sectors, the minimum wage in force in the road transport sector. The Committee notes that, by virtue of section 3 of the above Decree, the minimum wages fixed in the Decree refer to the normal working day, in accordance with Title III, Chapter II, of the Labour Code, with the exception of cases in which another unit of measurement is used. The Committee notes with interest the Government's statement that section 146 of the Labour Code, which refers to special provisions that have never been adopted, is being modified in consultation with employers and workers. The Committee requests the Government to provide copies of examples of relevant judicial decisions illustrating the case law and to provide information on any developments in this respect.

The Committee is also addressing a request directly to the Government on another matter.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous request, the Committee notes the detailed information supplied by the Government on the development of the minimum wages in the private and the public sector, in accordance with Article 4 of the Convention. It hopes that the Government will continue providing information in this regard in future reports, and also supply information on the income of persons affected by invisible underemployment.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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 following matters raised in its previous direct request:

Article 4. The Committee noted that, with regard to minimum wages in the private sector, general readjustments of wages were decreed as from 1983, and that these were normally carried out in the middle of the year, under the terms of section 19 of Decree No. 832 of 1949. Nevertheless, although the Government indicated the percentages by which minimum wages were adjusted between 1980 and 1983, it did not give the current rates of the new minimum wages in the country. Furthermore, with regard to minimum wages in the public sector, the Government indicated that these were the subject of negotiations, which take advance account of the forecast inflation. However, no indication was given of the minimum wages that have been fixed or adjusted over recent years for this sector, and in particular for the period covered by the report. The Committee accordingly requests the Government to specify the minimum wages that are in force for the public and private sectors, at least for the period covered by the Government's report.

The Committee noted the information concerning the income of persons affected by invisible underemployment, and concerning the Government's endeavours to generate new jobs. The Committee requests the Government to continue supplying information concerning the level of income received by the persons concerned.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 3 of the Convention. 1. With reference to its previous comments, the Committee notes the information supplied by the Government in relation to Article 3 of the Convention and the conclusions of the Committee set up to examine the representation made by the Confederation of Costa Rican Workers (CTC), the Authentic Confederation of Democratic Workers (CATD), the United Confederation of Workers (CUT), the Costa Rican Confederation of Democratic Workers (CCTD) and the National Confederation of Workers (CNT) alleging failure to observe this Convention, which were adopted by the Governing Body at its 230th Session.

Article 4. 2. The Committee notes the information supplied in relation to this Article. In this connection, it notes that, with regard to minimum wages in the private sector, general readjustments of wages were decreed as from 1983, and that these are normally carried out in the middle of the year, under the terms of section 19 of Decree No. 832 of 1949. Nevertheless, although the Government indicates the percentages by which minimum wages were adjusted between 1980 and 1983, it does not give the current rates of the new minimum wages in the country. Furthermore, with regard to minimum wages in the public sector, the Government indicates that these are the subject of negotiations, which take advance account of the forecast inflation. However, no indication is given of the minimum wages that have been fixed or adjusted over recent years for this sector, and in particular for the period covered by the report. The Committee accordingly requests the Government to specify the minimum wages that are in force for the public and private sectors, at least for the period covered by the Government's report.

3. The Committee notes the information concerning the income of persons affected by invisible under-employment, and concerning the Government's endeavours to generate new jobs. The Committee requests the Government to continue supplying information concerning the level of income received by the persons concerned.