Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 81) sur l'inspection du travail, 1947 - Costa Rica (Ratification: 1960)

The Committee refers the Government to its observation, and asks it to send information on the following matters.

Article 3, paragraph 1(c), of the Convention. The inspectorate’s contribution to improving legislation. The Committee would be grateful if the Government would describe how labour inspectors contribute in practice to improving labour legislation, giving specific examples and sending copies of any relevant text (instructions, extracts of reports, etc.).

Article 5(b). Collaboration between officials of the labour inspectorate and the social partners. With reference to its previous comments, the Committee notes that neither the National Technical Advisory Council for labour inspection nor the regional technical advisory councils are yet in operation despite recommendations made following the evaluation of the Labour Inspection Transformation Plan to strengthen the tripartite consultation machinery. The Committee also notes that the draft amendment to Decree No. 28578-MTSS of 3 February 2000 issuing the regulations to organize the labour inspectorate has still not been enacted, and requests the Government to provide information on developments in the relevant legislation and on measures taken or envisaged to strengthen tripartism with a view to improving the system of labour inspection.

Articles 5(a) and 12, paragraph 1(a)(iv). With reference to its previous comments, the Committee notes that, according to the Government, although the law makes no provision for authorizing labour inspectors to take or remove for purposes of analysis samples of materials and substances used or handled, these prerogatives are exercised by technical experts of the Occupational Health Council of the Ministry of Labour and Social Security, with which the National Labour Inspection Directorate engages in the necessary cooperation for these purposes. The Committee would be grateful if the Government would state whether such cooperation is ensured at regional and local levels.

Article 12, paragraph 2. Notification of the inspectors’ presence at the workplace. With reference to its previous comments, the Committee notes that, according to the Government, a factual and legal analysis of the abovementioned matter has been sought from the National Inspection Directorate. The Committee hopes that the Government will not fail to take steps to ensure that labour inspectors are authorized by law not to notify their presence to employers or their representatives when they visit workplaces where such notification may be prejudicial to the performance of their duties. Please provide copies of any relevant texts.

Articles 5(a) and 14. Cooperation between the inspection services and other competent government services for the purpose of exchanging information on industrial accidents and cases of occupational disease. Further to its previous comments, the Committee again requests the Government to indicate specifically the legislative, regulatory or administrative provisions that are the basis for the procedure whereby inspectors are informed by the National Insurance Institute of the industrial accidents and cases of occupational disease notified to it.

Labour inspection and child labour. The Committee notes that, according to the Government, efforts are still being made to ensure the compiling of data on child labour. It notes with interest that in the context of international cooperation, a computerized information system is being developed for this purpose and should be operational in the near future. The Committee notes the tables showing the minors engaging in economic activity who were taken in by the labour inspection services in 2005, their distribution by branch of economic activity, and the infringements of the relative legislation, and requests the Government to send, as soon as they are available, statistics on the inspectorate’s activities that concern child labour in the branches covered by the Convention, and their results.