Effect given to the recommendations of the committee and the Governing Body - Report No 329, November 2002

Case No 2104 (Costa Rica) - Complaint date: 06-OCT-00 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 35. The Committee last examined this case concerning restrictions of the right of collective bargaining in the public sector and unfair labour practices in the education sector at its March 2002 meeting [see 327th Report, paras. 507-524]. On this occasion, the Committee made the following conclusions and recommendations:
   • – The Committee expresses its deep concern at the situation with regard to the right of collective bargaining in the public sector, which constitutes a serious violation of Convention No. 98 and trusts that this situation may be resolved once the Legislative Assembly ratifies Conventions Nos. 151 and 154.
   • – As regards the allegations of anti-union discrimination by the University of Costa Rica, the Committee notes with interest the Government’s statements to the effect that the anti-union actions in question (dismissal procedure against trade union official Mr. Luis Enrique Chacón Solano, pay cuts, blacklists with threats of pay cuts, etc.) have been remedied, and that the University authorities have been urged in future to refrain from taking action of that type. Taking into account the fact that an appeal may be lodged against the administrative resolution confirming the existence of these unfair practices, the Committee requests the Government to keep it informed of any appeal that may be lodged and any new decision.
   • – The Committee requests the Government to keep it informed of the outcome of the complaint lodged by the administrative authorities to the courts after confirming that the Ministry of Education had committed violations in the matter of trade union leave.
   • [Specifically, the complainant organization had supplied a copy of a resolution by the administrative authorities dated 7 November 2001, which confirmed certain actions by the Ministry of Education with regard to trade union leave that violated the principles of ILO Conventions Nos. 87, 98 and 135.]
2. 36. In a communication dated 3 June 2002, the complainant organization (SINDEU) states that the trade union official Mr. Luis Enrique Chacón was dismissed in spite of previous resolutions by the administrative authorities that provided this official with protection.
3. 37. In a communication dated 17 May 2002, the Government sends a copy of draft law No. 14730, concerning the reform of article 192 of the Political Constitution to guarantee collective bargaining in the public sector, which went before the legislative plenary on 10 May 2002. The explanatory preamble of the draft law refers to the conclusions of the ILO technical assistance mission that visited the country recently and recognizes that “obviously the prevailing legal uncertainty has greatly hindered legal and constitutional performance, and has moreover given rise to excessive constraint of the right to collective bargaining”. The Government hopes that this plenary session will approve the draft law, which will allow ratification of Conventions Nos. 151 and 154. The new article will allow the granting of the right to collective bargaining in the public sector to public employees who are governed by the statute of civil servants and carry out public administration as representatives of the public authorities (upper-level management employees in public administration, such as members of executive boards of institutions, executive presidents, managers and heads of diplomatic missions; high-level supervisory employees for public finance, such as auditors, sub-auditors and the Comptroller-General of the Republic; employees in positions of trust, the Attorney-General of the Republic, the Council for Public Defence and employees of similar nature). This constitutional reform will be implemented under ordinary law. Moreover, the Government repeats that it has submitted to the Legislative Assembly draft laws for the ratification of Conventions Nos. 151 and 154 concerning collective bargaining in the public sector.
4. 38. The Committee notes with interest the Government’s intention to adapt its legislation to the ILO standards relating to collective bargaining and the steps it has taken to do so, which include a constitutional reform (which has been submitted to the legislative plenary) and the submission of draft legislation for the ratification of Conventions Nos. 151 and 154. The Committee hopes that progress will be made in the near future and requests the Government to keep it informed in this respect.
5. 39. With regard to the other two recommendations made at its previous meeting, the Committee notes that the Government has not sent the information requested of it and therefore the Committee repeats these requests, that the Government:
   • – with regard to the matter of unfair labour practices at the University of Costa Rica noted by the administrative authorities, keep it informed of any appeal and any new decision;
   • – keep it informed of the outcome of the complaint lodged by the administrative authorities to the courts after confirming that the Ministry of Education had committed violations in the matter of trade union leave.
6. 40. Finally, the Committee requests the Government to send its observations on the dismissal of the trade union official, Mr. Luis Enrique Chacón.