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

Convention (n° 95) sur la protection du salaire, 1949 - Costa Rica (Ratification: 1960)

Articles 3 and 4 of the Convention. Payment of wages in legal tender and value attributed to allowances in kind. Further to its previous comments, the Committee notes with interest the Government’s indication that, after consulting the competent authorities and analysing the draft amendment to sections 165 and 166 of the Labour Code, the Government acknowledges that the amendment of section 165(3) makes no change to current practice, which has been the subject of the Committee’s comments for several years. The Committee also notes that the Government has formally requested technical assistance from the Office to harmonize national law and practice with the recommendations of the Committee concerning the application of Articles 3, paragraph 1, and 4, paragraph 2, of the Convention. The Committee understands that in October 2006, the Office undertook a technical assistance mission, particularly in relation to freedom of association, during which points relating to the application of Convention No. 95 were addressed. The Committee requests the Government to keep it informed of any developments in this field.

Articles 8 and 12, paragraph 1. Deductions from wages and the regular payment of wages. The Committee notes the Government’s indications that the inspectors of the National Directorate of Inspection of the Ministry of Labour act at their own initiative or that of third parties when enforcing legal provisions relating to the protection of wages and in any other field, irrespective of the activities of the workers concerned. It notes that, with regard to the period covered by the report, the Directorate of Inspection took action following complaints relating to deductions from wages and other irregularities. The Committee once again requests the Government to provide statistical data on the number of infringements reported in the field of the protection of wages and the sanctions and other measures adopted to resolve this situation.