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

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Costa Rica (Ratification: 1960)

The Committee recalls that the ILO Governing Body, at its 337th Session in October-November 2019, on the recommendation of the Tripartite Working Group of the Standards Review Mechanism, classified Convention No. 96 as an outdated instrument, and included an item on the agenda of the 119th Session of the International Labour Conference (2030) for its abrogation or withdrawal. The Governing Body requested the Office to take follow-up measures to actively encourage the ratification of the Private Employment Agencies Convention, 1997 (No. 181), the most up-to-date instrument on private employment agencies. The Committee therefore encourages the Government to give effect to the decisions adopted by the Governing Body at its 337th Session (October-November 2019) approving the recommendations of the Tripartite Working Group of the Standards Review Mechanism and to consider the ratification of the most up-to-date instrument on this subject.

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee notes the Government’s reiterated indication that section 80 of the Basic Act of the Ministry of Labour and Social Security prohibits the operation of fee-charging employment agencies and the activities of intermediaries, as only the National Employment Department is permitted to carry out placements or select from the workers on its registers. In this regard, the Committee notes the Government’s indication that on 24 January 2019 it requested technical assistance on the regulations respecting the subcontracting of workers and private employment agencies from the ILO Office for Central America, Haiti, Panama and the Dominican Republic. The Government indicates that it is awaiting the results of the requested technical assistance with a view to making progress on the regulation of the subcontracting of workers and private employment agencies. The Committee also notes the Government’s indication that violations relating to placement agencies have not been reported during the period covered by the report. The Committee trusts that the requested technical assistance will enable progress to be made in the regulation of the subcontracting of workers and private employment agencies and requests the Government to report any developments in this respect. Considering that Convention No. 96 continues to be in force for the country, the Committee also requests the Government to provide general information on the manner in which effect is given to the Convention, including extracts from inspection reports, the number and nature of the violations reported and other information on the application of Part II of the Convention (for example, the extent of the activities of private employment agencies and the measures adopted by the competent authority to monitor their activities).