Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Costa Rica

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1960)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1972)
Convention (n° 150) sur l'administration du travail, 1978 (Ratification: 1984)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

The Committee notes the observations of the Costa Rican Confederation of Democratic Workers (CCTD) of 2018 on the application of Convention No. 81, forwarded together with the Government's report. The Committee also notes the joint observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers' Movement Central (CMTC) and the Juanito Mora Porras Trade Union Federation (CSJMP), received on 5 September 2018, on the application of Conventions Nos 81 and 129, and the Government's reply to these observations, as well as the joint observations of the CTRN, the CMTC, the General Confederation of Workers (CGT) and the Workers' Unitary Confederation (CUT), received on 31 August 2022, concerning Convention No. 129. It further notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) with the support of the International Organisation of Employers (IOE), received on 1 September 2018 on the application of Conventions Nos 81 and 129, and the Government's reply to these observations. The Committee also notes the observations of the UCCAEP of 2022 forwarded together with the Government's report on the application of Convention No. 81.

A.Labour inspection: Conventions Nos 81 and 129

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Cooperation between the labour inspection services and the judiciary. With regard to joint training for labour inspectors and the judiciary, the Committee notes the Government's indication that, in the framework of the 2015 agreement between the Deputy Minister of Labour and judicial magistrates, no activities have been undertaken. With regard to the implementation of the reform of labour procedures, the Committee notes that the Ministry of Labour and Social Security (MTSS) organized a 40-hour course on "reform of labour procedures", held from 27 January to 24 February 2017. The course was attended by 125 inspectors and conciliators of the MTSS and was supported by the judiciary through the participation of justice officials as facilitators. The Committee also notes the inclusion of “Title VII. Violations of labour laws and their penalties” in the Labour Code through the Labour Procedures Reform.The Committee requests the Government to indicate whether the 2015 agreement between the Deputy Minister of Labour and judicial magistrates to conduct joint training for labour inspectors and the judiciary is still valid, and to provide information on its implementation. The Committee also requests the Government to continue providing information on the measures taken or envisaged to promote effective cooperation of the inspection services with other Government services and institutions, public or private, engaged in similar activities.The Committee also requests the Government to provide information on the practical application of Title VII of the Labour Code, including specific violations detected and penalties imposed.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between inspection officials and employers and workers or their organizations. The Committee notes the Government's indication that the strengthening of inspection activities and institutional capacities is a recurrent theme in the dialogue processes that the Government is developing together with the most representative organizations of employers and workers. The Committee also notes that, under the tripartite dialogue process for the implementation of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), the Government indicates that the strengthening of labour inspection was identified as one of the key elements to address the matter of informality in the labour market. The Committee requests the Government to provide information on the measures taken or envisaged to promote collaboration between labour inspectors and employers and workers or their organizations. Given the lack of information on the National Technical Advisory Council on Labour Inspection and the Regional Technical Advisory Councils, established by Decree No. 28578-MTSS, adopting regulations on the organization and services of the labour inspectorate, the Committee also requests the Government to provide information on the current status and functioning of these Councils.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. In their observations, the CTRN, CMTC and CSJMP indicate that the National Labour Inspectorate (DNI) fails to coordinate with the Occupational Health Council (CSO) and to train labour inspectors, who lack in-depth knowledge on accident prevention, rendering inspection of occupational risks rudimentary. The Committee requests the Government to provide information on the specific training received by labour inspectors for the proper performance of their duties, including training on the specific risks in the agricultural sector.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of the labour inspectorate of industrial accidents and cases of occupational disease. As part of the implementation of a system for mapping occupational risks with a view to the planning and evaluation of labour inspections, the Committee notes the Government's indication that the National Insurance Institute (INS) has not provided the National Labour Inspectorate with the up-to-date annual data on industrial accidents and cases of occupational disease reported to occupational risk insurers. However, the Committee notes the Government's indication that the Occupational Health Council produces an annual report containing occupational health statistics based on information provided by the General Insurance Supervisory Board (SUGESE), which is freely available on the Occupational Health Council’s website. The Committee also notes the Government's indication that the limited availability of real-time information hinders the possibility of taking immediate action in the areas of prevention and inspection and that, to improve this situation, the Occupational Health Council's plan of action includes occupational health training and new regulations for labour inspectors. In this respect, the Committee notes the occupational health statistics contained in the Occupational Health Council's report, according to which 124,339 industrial accidents were reported in 2018, 126,683 in 2019, 108,040 in 2020 and 118,770 in 2021. It also notes that the number of deaths due to industrial accidents was 103 in 2017, 98 in 2018, 55 in 2019, 106 in 2020 and 193 in 2021. The Committee notes a substantial increase in fatal industrial accidents in 2021. The Committee also notes a rise in occupational diseases, with 2,272 diseases in 2020 and 5,142 in 2021, excluding those due to COVID-19. While the Committee welcomes the information provided in the reports of the Occupational Health Council, it requests the Government to indicate the measures taken to ensure that industrial accidents and cases of occupational disease are notified to the National Labour Inspectorate, as required by these Articles of the Conventions. The Committee also requests the Government to provide information on the reasons for the increase in deaths in industrial accidents and in occupational diseases.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Periodic reports and the preparation, publication and communication of an annual inspection report. The Committee notes the statistical yearbooks published on the website of the Ministry of Labour and Social Security, which contain a section on the National Labour Inspectorate and include information on the inspection services’ activities in agriculture. In particular, the Committee notes that these yearbooks include information on the number of inspection visits, employer and worker coverage, and occupational violations. It also notes the Occupational Health Council's reports, which contain information on industrial accidents, the number of deaths due to accidents and occupational diseases reported due to occupational risks. The Committee also notes the Government's indication that it addressed communication MTSS-DMT-OF-881-2018, dated 27 June 2018, to the National Director of Labour Inspection requesting an annual report to be prepared and published on the work of the inspection services under its supervision, including the information enumerated in clauses (a) to (g) of Article 21 of Convention No. 81 and in Article 27 of Convention No. 129. It also notes that the Government again indicates that the National Labour Inspectorate uses the Labour Information and Case Administration System (SILAC), through which labour inspectors prepare inspection reports and real-time statistics are generated to plan and evaluate the work of the inspection individually, by office, by region and at the national level. In this regard, the Government indicates that since the SILAC became operational, the regions no longer need to produce monthly reports, as the management department of the National Labour Inspectorate undertakes this task. While the Committee welcomes the information contained in the statistical yearbooks published by the Ministry of Labour and Social Security, it requests the Government to make every possible effort to ensure that the central inspection authority publishes a separate annual report on the work of the inspection services and forwards it to the ILO, containing all the information required under Article 21(a) to (g) of Convention No. 81 and Article 27 of Convention No. 129. The Committee also requests the Government to provide information on the publication of the annual report in accordance with Article 20(1) of Convention No. 81 and Article 26(1) of Convention No. 129.

Matters relating specifically to labour inspection in agriculture

Articles 6, 14, 15 and 21 of the Convention. Sufficient material means placed at the disposal of the inspectors. Carrying out inspection as often and as thoroughly as is necessary in the agricultural sector. The Committee notes that in their observations, the CTRN, CMTC, CSJMP, CGT and CUT express concern about (i) the working conditions on plantations in the pineapple and banana sectors; (ii) the health of workers in the pineapple industry and in the banana sector due to the use of chemicals; and (iii) the exploitation of migrant workers on plantations. Given this situation, the social partners indicate that the number of inspectors is insufficient to ensure efficient inspections in the growing regions. They also indicate that, in 2018, inspectors were still not provided with the necessary transport and safety equipment to carry out inspections on agricultural farms, exposing them to disease. In this respect, the Committee notes that, according to the Ministry of Labour and Social Security’s statistical yearbook of 2021, in the agriculture sector, 1,064 inspection visits were carried out in 2019, 379 in 2020 and 274 in 2021. The Committee requests the Government to indicate the measures taken to ensure that inspectors are equipped with the tools and accessories needed for the performance of their duties in the agricultural sector. The Committee also requests the Government to indicate the measures taken in order that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

B.Labour administration: Convention No. 150

Legislation. The Committee notes the Government's indication of the adoption of Act No. 9343 of 25 January 2016 on the Labour Procedures Reform, in force since July 2017. With the implementation of the Reform, the Committee notes the Government's indication that (i) the Ministry of Labour and Social Security has taken on new functions in relation to labour procedures and collective law contained in the Labour Code; (ii) 108 new positions have been created through a transparent process, promoting administrative careers within the Ministry of Labour and Social Security and opening up the opportunity to trained external staff; and (iii) the Labour Affairs Department has been restructured and eight regional alternative dispute resolution units have been opened in the main provincial capitals.

Application in practice. With regard to the pilot plan for strengthening the labour administration system, implemented in the province of Cartago, the Committee notes the Government's indication that there is still no information available on its implementation. The Committee once again requests the Government to provide information on the impact of the implementation of the pilot plan on local labour administration functions and to state whether any other pilot plans with similar objectives are planned in other provinces.

Article 5(1) of the Convention. Functioning of bipartite and tripartite bodies. The Committee notes the Government's indication that, in 2019, within the Higher Labour Council, the “Memorandum of Understanding for the implementation of the technical cooperation framework: decent work agenda for Costa Rica 2019-2023” was signed by the Government, employers' and workers' organizations, and the ILO Subregional Office for Central America, the Dominican Republic, Haiti and Panama. The agenda includes four priorities: (i) promoting compliance with and enforcement of international labour standards and national labour legislation; (ii) promoting employment, labour market, decent work, formalization and vocational training policies, removing barriers that prevent the integration of certain vulnerable groups into the labour market; (iii) extending and strengthening social protection for workers; and (iv) strengthening tripartite and bipartite social dialogue, the development of employers' and workers' organizations in the formulation and implementation of policies, programmes and strategies for social and labour development. The Committee also notes the Government's indication that, in the framework of the decent work agenda, the National Labour Inspectorate modified the working methodology for the purpose of effectively applying the principles derived from the concept of decent work, pursuant to official letter DNI-OF-75-2022 of 5 May 2022. In this regard, it indicates that the National Labour Inspectorate is focusing on thematic areas, including pay, freedom of association, populations vulnerable to discrimination, gender equality and occupational health, in order to better target its efforts. The Committee also notes the Government's indication that the new members of the Higher Labour Council have been appointed by Executive Decision MTSS-DMT-AUGR-4-2022 of 23 March 2022, and that the National Wage Council has newly appointed officials, pursuant to Executive Decree No. 43451-MTSS, Supplement No. 60 of Gazette No. 56 of 23 March 2022. The Committee requests the Government to provide information on the results of the implementation of the new decent work agenda (2019–23).