Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration), 111 (discrimination in employment and occupation) and 156 (workers with family responsibilities) together.

The Committee notes the observations made by the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), transmitted with the Government’s report. It also notes the observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers’ Movement Central (CMTC) and the Juanito Mora Porras-ANEP Social Centre (CSJMP), received on 1 September 2025. The Committee requests the Government to provide its comments in this respect.

Part I. Conventions Nos 100 and 111

Convention No. 111 – National policy to promote equality of opportunity and treatment in employment and occupation

Articles 1 to 3. National policy on equality of opportunity and treatment in employment and occupation. National extraction. Migrant workers. The Committee notes the information in the Government’s report on the project to develop the action guidelines on labour migration for public officials of the National Labour Inspectorate and associated bodies, which aim to facilitate understanding of the phenomenon of labour migration, propose alternatives for advising and training workers and employers, and set out guidance for collaboration among the competent bodies. The Committee notes this information, which addresses its previous request.

Race and colour. Afro-descendants. The Government indicates that the National Policy for a society free from racism, racial discrimination and xenophobia 2014–25 will conclude in December 2025 and that work has begun on a new national strategy targeting the Afro-descendants, indigenous peoples and migrants, which will include measures to update public services and promote cultural change towards equality. It also indicates that it still does not have disaggregated information on the situation of persons of Afro-descendants, indigenous peoples and migrants in all the country’s public services. The Committee requests the Government to: (i)provide information on the results achieved through the National Policy for a society free from racism, racial discrimination and xenophobia 2014–25; (ii) indicate the progress made in developing the new national strategy targeting Afro-descendants, indigenous peoples and migrants; and (iii) when available, provide the statistics concerning access and participation in employment and occupation of persons of African descent.

Real or perceived HIV/AIDS status. With regard to its previous comments, the Committee notes the Government’s indication that national legislation in general, including section 404 of the Labour Code and section 380 of the Criminal Code, is available to the public through the National System of Current Legislation (SINALEVI). The Committee notes from the information provided by the Government that: (i) between 2022 and 2024, the National Labour Inspectorate did not receive any complaints of discrimination on grounds of real or perceived HIV status; and (ii) the courts have heard cases of dismissal for HIV-related discrimination, including ruling No. 01635-2019, concerning the discriminatory dismissal of a worker diagnosed as HIV-positive, which resulted in an enforced sentence to pay moral damages and lost wages to the worker concerned. The Committee notes this information, which addresses its previous request.

Sex. National gender equality policy. The Committee notes the information provided by the Government on the implementation of the 2023–26 Action Plan of the 2018–30 National Policy for effective gender equality (PIEG), which includes measures such as: (1) the promotion and monitoring of women’s labour rights, including the training of labour inspection and judicial officials (32 per cent of such officials in 2023 and 98 per cent in 2024); (2) the employment mediation and guidance services offered to women through the National Employment Agency (ANE), with an information registry disaggregated by sex, occupation and region; (3) the allocation of resources to support women’s entrepreneurship and women-led enterprises, provided to 10,427 women in 2023; (4) technical training for 3,824 women in care occupations and STEAM (science, technology, engineering, arts and mathematics) areas, as well as measures to facilitate women’s access, retention and graduation in STEAM careers; and (5) training provided through the Gender Equality Seal programme to public and private institutions to close gender gaps. The Committee welcomes the Government’s updated statistical information on labour market participation for 2021–24, which shows that the activity rate for women in 2024 was 45 per cent, compared to 68.7 per cent for men, while the employment rate reached 41.5 per cent for women compared to 64.3 per cent for men. The Committee notes that the CMTC and CSJMP refer to Bill No. 24.290, which provides for an extension of the normal working day to 12 hours in certain cases, which could affect access to employment and occupation for women, whose unemployment rate already exceeds that of men. It also observes the recommendation of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) to the State party to “strengthen initiatives to promote women’s equal representation in the private sector, including by providing financial incentives for private companies to adhere to the Gender Equality Seal, the Gender Parity Initiative and the Women’s Empowerment Principles, as well as for the recruitment of women to leadership positions, including in non-traditional sectors” (CEDAW/C/CRI/CO/8, 2 March 2023, para. 32(c)). The Committee requests the Government to report on the results of the 2023–26 Action Plan of the PIEG and other measures taken to continue to promote gender equality in employment and occupation. It also requests the Government to provide its comments on the observations of the trade union confederations regarding the possible negative impact on women’s access to employment of Bill No. 24.290.

Sexual harassment. The Committee notes the Government’s indication that, between 2022 and 2025, the National Labour Inspectorate handled a total of 80 cases of sexual harassment, achieving compliance with inspection orders in 48.3 per cent of them. It also notes the information relating to the judiciary, according to which 67 complaints were filed in 2024 (61 by women and six by men) and 20 complaints were filed between January and April 2025 (18 by women and two by men). The Committee also notes the Government’s information that, in relation to cases concluded in 2024, the penalties imposed by the judiciary included two three-month suspensions and three suspensions of three to eight days, while the other proceedings are still under way. In addition, the Ministry of Labour and Social Security (MTSS) has carried out awareness-raising activities, including eight talks on sexual and work-related harassment. The Committee notes that the UCCAEP refers to the need for greater publicity and visibility of the promotion and awareness-raising activities on sexual harassment, and that the CMTC and CSJMP indicate that cases of sexual harassment have increased in the public sector, and refer to data from the Office of the Ombudsperson, showing that the number of cases settled rose from 225 in 2021 to 452 in 2023. The Committee welcomes the information provided and trusts that the Government will take specific reinforced measures, particularly in the public sector, to effectively prevent, investigate and penalize sexual harassment at work. It requests the Government to continue to provide information in this regard.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap and occupational segregation. The Committee notes with interest the information in the Government’s report that the gender pay gap in Costa Rica decreased to 6 per cent in 2023, compared to an average of 9 per cent in the previous decade, and that, according to OECD data, the income gap between men and women working full-time was only 1.4 per cent, one of the lowest in the region and below the OECD average (12 per cent). The Committee also notes the Government’s information on measures promoted by the National Women’s Institute (INAMU), including the FOMUJERES programme, which aims to support women’s economic empowerment, the Gender Equality Seal and the online course on gender equality at work, as well as the creation of the Social-Labour Recognition System (SIRESOL), which, in 2024, accredited nine enterprises and institutions with best labour practices. In addition, the Committee notes that the CTRN, CMTC and CSJMP claim that in most economic activities and occupational strata, women are paid less than men, with women earning lower wages than men in 11 out of 14 occupational activities in the country. Lastly, the Committee notes with interest that, in response to its previous observation on the language used in the list of minimum wages, in 2025 the National Wage Council undertook, with the technical and financial support of the ILO, a project to update occupational profiles with a gender perspective, aimed at eliminating discriminatory connotations and biases in the creation of the profiles and at developing a methodological guide for job evaluation. In the light of this information,the Committee requests the Government to continue to provide information on: (i) the progress made in reducing the pay gap and the measures taken to address gender-based occupational segregation; and (ii) the tangible results of the project to update occupational profiles undertaken by the National Wage Council.

Conventions Nos 100 and 111 – Application in practice

Enforcement. The Committee notes the information provided by the Government, according to which: (1) between 2022 and 2024, 41 complaints of discrimination were registered, all in the private sector, on grounds including disability, gender, pregnancy, sexual orientation, gender identity, pay discrimination and the provision of incentives; in addition, 30 cases of gender pay gaps were identified, either reported to or detected by labour inspectors; (2) the Integrated Digital System of the National Labour Inspectorate (2024) was implemented, which will make available more detailed data on complaints of discrimination in employment; (3) between 2021 and 2024, the MTSS coordinated training on gender-based discrimination for over 10,000 people; and (4) a specialized labour inspection unit with a gender perspective has been established, which conducted 383 inspections in 2024. The Committee trusts that the measures adopted will continue to improve enforcement of the Conventions.

Part II. Convention No. 156

Articles 1 and 2. Scope of application. Application to all categories of workers.The Committee notes that, in response to its previous comments, the Government indicates that there are no special regulations guaranteeing the application of measures for workers with family responsibilities to self-employed workers and other persons who do not have an employment relationship. Nevertheless, the Government notes that institutional programmes, measures and benefits do not exclude them and can be applied to the relevant type of employment. The Committee notes the information provided by the Government that, although the Labour Code excludes own-account workers from the requirement to take out occupational risk insurance, the National Insurance Institute offers the possibility of taking it out voluntarily, and that since 2024 it has been working on digital alternatives to facilitate affiliation from 2025 onwards. The Committee trusts that the Government will take the necessary measures to ensure that self-employed workers and other atypical categories of employment can effectively benefit from the protection envisaged in the Convention.

Article 3. Discrimination against workers on grounds of family responsibilities. National policy. The Committee notes the information provided by the Government, which shows that: (1) based on the PIEG and Act No. 9862 on the balance of work and family life, the 2023–26 Action Plan to this policy was developed, Part 2 of which is focused on social co-responsibility for care and includes measures such as the creation of new forms of care, the co-payment scheme, care cooperatives led by women, cash transfers to women carers living in extreme poverty, as well as the promotion of active roles of fathers and the measurement of unpaid domestic work; (2) according to the 2023 state of the nation report, the proportion of women aged 35 to 59 not in work due to family obligations rose from 49 per cent to 62 per cent between 2019 and 2023, while for men it rose from 4 per cent to 12 per cent; and (3) the same report identifies legal, financial and organizational obstacles that limit the expansion of the National Child Care and Development Network (REDCUDI), provided for in Act No. 9220, aimed at facilitating the integration of parents into work and education by providing access to child care and development services. The Committee also notes the report on actions carried out in 2023, which mentions: (1) assistance provided to 48,857 people through existing care services; (2) 74 awareness-raising activities led and 18 training sessions led in social co-responsibility for care, reaching 20,778 people; (3) the adoption of 52 measures in state institutions and enterprises (nursing rooms, grants, timetable changes, projects); and (4) progress in pilot projects, such as the establishment of care cooperatives and the development of the digital platform, Cuidar.cr, to match supply and demand for care services. The Committee welcomes the information provided by the Government in response to its previous comments.

Article 4(b). Equality of opportunity and treatment in terms and conditions of employment and in social security. Leave entitlements. The Committee notes the information provided by the Government that: (1) new Act No. 10.192 of 2022, which creates the national care and support system for dependent adults and older persons, supplements the schemes under the Labour Code, Framework Act on Public Employment No. 10159 and Act No. 7756 on benefits for those responsible for terminally ill patients and seriously ill children; (2) between 2024 and 2025, within the framework of the Framework Act on Public Employment, a total of 2,715 periods of leave and absence, 73 per cent of which were for women, and out of 700 cases of leave to care for a sick family member, 579 were for women, while 314 women took up maternity leave and 229 men took up paternity leave. The Committee notes this information and requests the Government to provide information on the measures envisaged or adopted to promote greater use of paternity leave by men, both in the public and private sectors.

Article 5. Childcare and family services and facilities. The Government indicates that: (1) in 2023, in the framework of the 2023–26 Action Plan under the PIEG, care services were provided to a total of 48,857 persons, including 45,856 minors and 3,001 persons with disabilities, and the annual coverage of services for child care and development reached 65,008 children between 2023 and 2024; (2) 2,518 women carers living in extreme poverty received cash transfers and were granted various subsidies, including for reasons of severe dependency; (3) the technical secretariat of the National Child Care and Development Network (REDCUDI) is developing a process to geo-reference existing care alternatives in the country, with the aim of better identifying service provision; and (4) the National Directorate for nutrition and education centres and for comprehensive child care centres (CEN-CINAI) has made significant progress in equipping new facilities for child care and development. The Committee notes this information.

Article 6. Information and awareness-raising. The Committee notes the information provided by the Government that: (1) between 2022 and 2025, the National Women’s Institute (INAMU) posted information flashes on social co-responsibility for care, and developed information systems through various social networks, reaching more than 2.8 million people at the national level; and (2) between 2021 and 2025, the Gender Equality Unit of the MTSS provided internal training for 459 public officials and external training for 3,267 persons from public institutions, professional bodies, foundations, trade union confederations and private enterprises. The Committee notes this information.

Article 7. Vocational guidance and training. The Government indicates that, according to the National Learning Institute, each year between 2020 and 2024, there were 16,000 to 19,000 training participants who, when enrolling in training activities identified themselves as heads of household, with men being in the majority in each year. However, the Committee notes the Government’s indication that it has no information on specific vocational guidance and training measures aimed at helping workers with family responsibilities to enter, remain or re-enter the workforce after an absence because of such responsibilities. The Committee requests the Government to provide information on measures relating to vocational guidance and training to enable workers with family responsibilities to enter and remain in the workforce, as well as to re-enter it after an absence because ofsuch responsibilities.

Article 8. Protection from termination of employment. The Committee notes the Government’s indication that no complaints of dismissal of workers on grounds of family responsibilities have been identified in the registry of the Integrated Digital System of the National Labour Inspectorate and that the judiciary does not have information in that respect. The Committee notes this information.

Article 9. Collective agreements. The Committee notes the information provided by the Government that, between 2022 and 2025, 12 collective agreements in the public sector and 14 in the private sector were approved, which included provisions aimed at facilitating the balance of work and family responsibilities, such as leave and absences for the birth or adoption of children, serious illness of family members, death, marriage and emergencies. The Committee trusts that the Government will continue to adopt measures in the context of collective bargaining that effectively promote the balance of workers’ work and family responsibilities. The Committee notes this information.

Article 11. Participation of employers’ and workers’ organizations. The Committee notes the Government’s information that, within the framework of collective bargaining and the implementation of good practices, measures have been agreed upon to facilitate the balance of work and family life. The Committee also notes the Government’s indication that, during the process of preparing Bills, both national institutions and the most representative workers’ and employers’ organizations may be consulted. The Committee notes this information.

Application in practice. The Committee notes the Government’s indication that it has not been possible to identify court decisions implementing the Convention. It also notes the information provided by the National Labour Inspectorate that, in the context of inspections conducted in workplaces, not only do inspectors explain to employers the good practices that may be implemented to support workers with family responsibilities, but they also encourage empathy among those who do not have such responsibilities, so that they provide support to those who do. With regard to statistical data, the Committee refers to its comment in the paragraph concerning discrimination against workers on grounds of family responsibilities (national policy). The Committee trusts that the information and awareness-raising measures to be adopted in accordance with Article 6 of the Convention will allow for wider dissemination of the legislation and better understanding of the rights of workers with family responsibilities. The Committee notes this information.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the observations made by the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), transmitted with the Government’s report. It also notes the observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers’ Movement Central (CMTC) and the Juanito Mora Porras-ANEP Social Centre (CSJMP), received on 1 September 2025. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 2 of the Convention. Principle of equal remuneration for women and men for work of equal value. Legislation. The Committee notes that the Government recalls that Act No. 9677 of 2019 sets forth the obligation to recognize the same wage for work of equal value (section 14). The Committee observes, however, that this section provides that “women shall have the right to equal wages to men, in both the private and public sectors, for work of equal value for the same employer”. In this respect, the Committee recalls that in order to give full effect to the principle of the Convention, the comparison between jobs must also be made among different employers. In this context, the Committee requests the Government to take the necessary measures to ensure that the principle of equal pay for work of equal value can be applied more widely than to a single employer, and to provide information in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes the Government’s first report.

Article 2 of the Convention. Application to all categories of workers. The Committee notes the Government’s indication, in its report, that the measures giving effect to the Convention apply to all branches of economic activity and all categories of workers. It notes that the measures provided in the area of family responsibilities by the Labour Code apply to all employees in the private and public sectors (section 14 of the Code). Furthermore, persons employed in the public administration sector will also benefit from the provisions of the Public Employment Framework Law No. 10159 of 7 March 2022 that will enter into force in March 2023. However, the Committee observes that the Labour Code only applies to workers in a contractual employment relationship (section 4 of the Code). The Committee therefore requests the Government to indicate the measures taken to ensure that workers who are not in a contractual employment relationship, such as self-employed, benefit from the measures concerning workers with family responsibilities.

Article 3. National policy. The Committee notes that section 404 of the Labour Code and section 1 of Law No. 2694 prohibiting discrimination at work, of 22 November 1960, prohibit discrimination on the ground of sex in employment and occupation. It welcomes the Government’s indication that, in a decision handed down in 2020, a copy of which has been forwarded by the Government, the High Court considered that family responsibilities cannot be a ground for discrimination at work (Resolution No. 01767-2020 of 23 September 2020). The Committee notes that the National Policy for Effective Gender Equality (PIEG) for 2018-2030, and its action plan for 2019-2021, acknowledge the persistent gender stereotypes and unequal participation of men and women in unpaid domestic work, including family responsibilities. In that regard, it notes that several measures in the action plan aim at promoting at the workplace gender equality and shared caring responsibilities, including through awareness-raising and training activities. In that regard, the Committee notes that Law No. 9862 for the conciliation of work and family life, of 19 June 2020, provides that the Government shall elaborate a public policy and implement measures aimed at promoting a better conciliation between work and family responsibilities, as well as “family co-responsibility”. The competent authorities shall publish an annual report on the progress made and the concrete measures implemented to that end (section 3(c) of Law No. 9862). The Committee requests the Government to provide information on the concrete measures implemented, in particular in the framework of the National Policy for Effective Gender Equality (PIEG) for 2018-2030 and its action plans, and Law No. 9862 for the reconciliation of work and family life, in order to assist men and women workers in better reconciliating work and family responsibilities and promote the sharing of family responsibilities between men and women. It further requests the Government to provide information on the results achieved by such measures, including by providing a copy of the annual reports published pursuant to Law No.9862. Finally, the Committee requests the Government to provide information on any measures envisaged in order to consider including in its national policy or legislation a provision formally prohibiting discrimination in employment and occupation based on family responsibilities, in the same vein as discrimination based on sex.

Article 4. Leave entitlements. The Committee notes that the Labour Code provides for several paid leaves related to maternity and adoption (sections 94 and 95 of the Code). It notes with interest the adoption of: (1) Law No. 10211 to combat discrimination at work against mothers, of 3 June 2022 which introduces in the Labour Code the obligation for employers to grant an eight-day paternity leave (section 95(b) of the Code); and (2) Public Employment Framework Law No. 10159 of 7 March 2022 which extends the duration of maternity leave by two months under specific circumstances, and of paternity leave up to one month (sections 41 and 42 of the Law). The Committee further notes that several provisions in the national legislation provide for the possibility of workers to benefit from paid hours in case of medical appointments for children, cohabiting partners or persons who need special assistance. Furthermore, workers can benefit from a specific leave entitlement or a reduction of their working day in order to care and assist seriously ill minors or terminally ill family members, whether by blood or affinity, as well as, in the public sector, persons with disabilities or seriously injured after an accident (sections 1 to 4 of Law No. 7756 on benefits for those responsible for patients in the terminal phase of life and seriously ill minors; and sections 39 and 40 of Law No. 10159). While welcoming the wide definition of “family members”, the Committee however observes that leave entitlements for workers with family responsibilities are essentially focused on their dependent children. As regards flexible working arrangements, the Committee notes that Law No. 9738 of 18 September 2019 provides that remote work should be promoted, including as a priority for workers with family responsibilities. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of workers who avail themselves of the above-mentioned schemes relating to leave and reductions in the working day. It also requests the Government to indicate whether measures exist that take into account the needs of men and women workers who have responsibilities in relation to other members of their immediate family, particularly older persons, in terms of conditions of employment and social security.

Article 5. Childcare and family services and facilities. The Committee notes the detailed information provided by the Government on the National Network for Child Care and Development (REDCUDI), for children up to 12 years old, aimed at facilitating the insertion of fathers and mothers into vocational training and the labour market. This network is composed of several public and private facilities established at national and local levels, including in rural areas, to provide protection and care to children whose parents are working in the agriculture sector, including through the “Casas de la Alegría” established in collaboration with the UNICEF. The Committee notes with interest that such facilities also provide childcare services during weekends and at night in order to better assist workers with family responsibilities. As regards other members of the immediate family, the Committee notes that support and assistance to persons with disabilities and elderly persons is provided through the National Council for Persons with Disabilities (CONAPDIS) and the National Council for the Elderly (CONAPAM) while the number of beneficiaries remains limited. In that regard, the Committee observes that, as highlighted in the framework of the Action Plan for 2019-2022 for the implementation of the PIEG, care and assistance services provided to children and other dependent persons are specifically aimed at persons in a situation of poverty or extreme poverty. It notes that the Action Plan for 2019-2022 together with the National Care Policy for 2021-2031 are aiming at implementing a national care system through the expansion and diversification of care and education services for children as well as other dependent persons, such as persons with disabilities and the elderly, under a social co-responsibility approach in order to enable caregivers, and more particularly women, to integrate the labour market. The Committee requests the Government to provide information on the measures taken, in particular in the framework of the National Policy for Effective Gender Equality (PIEG) for 2018-2030 and its action plans, and the National Care Policy for 2021-2031, to provide adequate childcare and family services and facilities. It further requests the Government to provide information on the progress made in extending coverage of care services and facilities for children, in particular from 0 to 3 years of age, and other dependent members of the family, as well as the results achieved thereof, including by providing updated statistical information on the availability and accessibility of affordable facilities for childcare and for family services.

Article 6. Information and awareness raising. The Committee notes with interest the adoption of Law No. 9862 for the reconciliation of work and family life which provides that the Government will elaborate and implement awareness-raising and training activities, including in the various educational centres, in order to enhance better reconciliation between work and family responsibilities as well as “family co-responsibility” between men and women. It further notes that the law set a National Day for reconciliation of work and family life (sections 1 and 3 of the Law). The Committee notes the Government’s indication that several activities have been carried out by the National Women’s Institute (INAMU), in particular in the framework of the PIEG 2018-2030, to raise awareness about gender stereotypes regarding the role of women as caregivers and promote the concept of shared family responsibilities between men and women. The Committee requests the Government to provide information on specific actions implemented with a view to promoting greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities, as well as results achieved by such actions.

Article 7. Vocational training and guidance. The Committee notes that: (1) the Ministry of Labour and Social Security is responsible for the elaboration and implementation of policies and actions aimed at promoting the inclusion of mothers and fathers into the labour market; and (2) the Joint Social Assistance Fund (IMAS) shall also implement programmes to assist mothers and fathers to establish micro-enterprises (section 31 of Child and Adolescent Rights Code and section 20 of Law No.9220 establishing the National Network for Child Care and Development of 24 March 2014). It further notes the Government’s statement that several measures were implemented to enhance women’s access to the labour market, including in collaboration with the private sector. The Government however adds that no measures have been implemented so far in order to provide vocational guidance and training specifically to workers with family responsibilities in general, but that information will be provided in that respect in future reports. The Committee therefore requests the Government to provide information on the vocational guidance and training measures taken or envisaged to enable men and women workers with family responsibilities to become and remain integrated into the labour force, as well as to re-enter the labour force after an absence due to family responsibilities, in relation to their dependent children and other members of their immediate family. It also requests the Government to provide information on the number of men and women workers with family responsibilities who participated in vocational guidance and training programmes.

Article 8. Protection against dismissal. The Committee notes the Government’s indication that “family responsibilities” is excluded from the list of valid reasons for which an employer may terminate an employment contract, provided for under section 81 of the Labour Code. The Committee further notes that the Labour Code: (1) prohibits dismissal on the ground of sex (sections 404 and 406); and (2) provides for special protection against dismissal of pregnant or nursing women and workers who are benefiting from a maternity, paternity or adoption leave (section 94). Furthermore, in cases where the employer may want to dismiss a women worker for alleged serious misconduct, they must first prove there has been serious misconduct before the National Labour Inspectorate (DNI). In cases of unfair dismissal against a pregnant or a nursing worker, such worker can ask for reinstatement or condemnation of the employer for termination without a valid reasons (section 94 and 94 bis of the Labour Code). However, the Committee observes that this provision only applies to women workers. It further notes that, according to the above-mentioned decision handed down by the Supreme Court in 2020 (Resolution No. 01767-2020 of 23 September 2020), absence from work as a result of medical appointments for children cannot be considered as a valid reason for termination. The Committee requests the Government to provide information on the implementation of sections 94, 94 bis, 404 and 406 of the Labour Code in practice, including by providing information on any court or administrative decision and any investigation conducted by the labour inspectorate in relation to the dismissal of workers on grounds of family responsibilities. In that regard, it requests the Government to indicate any measures envisaged to extend the protection provided under sections 94 and 94 bis to male workers with family responsibilities. The Committee further requests the Government to provide information on the manner in which protection against dismissal is ensured, both in law and practice, to workers with family responsibilities in relation to immediate family members other than dependent children.

Article 9. The Committee welcomes the detailed information provided by the Government on the provisions contained in several collective agreements adopted in the public sector in the area of family responsibilities. The Government also refers to good practices identified in this area in several companies of the private sector. The Committee requests the Government to continue to provide information on the provisions of any collective agreements and work rules, adopted both in the public and private sectors, in order to assist workers in reconciling their work and family responsibilities in relation to their dependent children, as well as other members of their immediate family.

Article 11. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that participation of employers’ and workers’ organisations is ensured through different mechanisms and consultation processes established at national and enterprise levels. The Committee requests the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers 'and employers' organizations have exercised their right to participate in the design and implementation of such measures, including through collective bargaining and the adoption and implementation of workplace policies on work and family reconciliation.

Enforcement. The Committee notes the Government’s indication that supervision of the application of regulations concerning labour relations is conducted by the National Labour Inspectorate (DNI) under the Ministry of Labour and Social Security (MTSS). It further notes that, in order to protect their rights, workers with family responsibilities can also enlist assistance from the Ombudsman’s Office (Defensoría de los Habitantes de Costa Rica) and from the Women’s Ombudsman (Defensoría de la Mujer), as well as the competent courts. In that regard, the Committee welcomes the copy of judicial decisions forwarded by the Government. The Committee requests the Government to provide information on legislation enforcement activities to give effect to the Convention, particularly labour inspection, and any judicial or administrative decisions relating to the application of the Convention. It also requests the Government to provide statistical data disaggregated by sex, studies, surveys and reports which may enable the Committee to examine how the principle enshrined in the Convention is applied in practice, indicating the obstacles faced and the progress achieved with regard to equality of opportunity and treatment between men and women workers with family responsibilities and between the worker and workers without family responsibilities.

General observation. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on workers with family responsibilities, adopted on 2019. In such observation, the Committee recalls the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stresses the importance of the Convention in achieving this goal. The Committee calls for member States, and employers’ and workers’ organizations, to strengthen efforts towards: (i) making non-discrimination of workers with family responsibilities and the adoption of measures to facilitate the reconciliation of work and family responsibilities explicit aims of their national policy; (ii) regularly monitoring and assessing the results achieved within the framework of the national policy towards achieving the aims of the Convention with a view to adjusting the measures adopted or envisaged; (iii) launching regular public information campaigns to promote the sharing of family responsibilities and remove misconceptions around care roles; (iv) ensuring that workers with family responsibilities have effective equal opportunities and rights to enter, re-enter and remain integrated in the labour market; (v) expanding and increasing access of all workers to voluntary and protected measures of working arrangements and leave that facilitate reconciliation of work–family life; (vi) expanding measures that support the reconciliation of work and family responsibilities within social protection systems; (vii) establishing and expanding adequate quality childcare and family services at community level; (viii) promoting social dialogue, collective bargaining and other measures to strengthen, facilitate and encourage the implementation of the principles of the Convention; and (ix) enhancing the capacity of enforcement authorities, including labour inspectors, tribunals, courts, and other competent bodies, to identify, prevent and remedy cases of discrimination in employment and occupation related to family responsibilities. The Committee asks the government to provide information on any measures taken or foreseen to apply the points referred to above.

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

The Committee notes the observations made by the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), communicated with the Government’s report.

Article 1(1) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the statistical information provided by the Government in its report, showing that the National Inspection Directorate identified 18 cases of sexual harassment in 2020 and 23 cases in 2021. The government indicates that it hopes to be able to provide information on the cases before the courts in its future reports. It also points to two reforms to Act No. 7476 against sexual harassment in employment and education: (i) establishing the requirement for the employer to keep an updated registry on the number of final sanctions imposed in the workplace or institution on grounds of sexual harassment (Act No. 9969 of 2021), and (ii) the amendment of the limitation period for acts of sexual harassment from two to eight years (Act No. 10029 of 2021). The Committee also notes the observations of the UCCAEP, which highlights the technical guide for the prevention and treatment of workplace harassment or “mobbing”, approved in 2019 by the Occupational Health Council, which is a tripartite body. The Committee requests the Government to continue providing information on the number of cases of sexual harassment identified, the action taken, the penalties imposed, and remedies awarded.

Article 1(1)(b). Real or perceived HIV status. The Committee notes with interest the Government’s indication that discrimination on the grounds of health status has been prohibited with the adoption of Act No 9797 of 2019 on the overall reform of the General Act on HIV/AIDS, which amends section 404 of the Labour Code, and with the adoption of Act No. 10156 of 2022, which amends section 380 of the Penal Code. The Government also indicates that Act No. 9797 amends other sections of the Labour Code, in order to: (1) prohibit the employer from seeking proof of HIV status for recruitment or tenure of employment purposes (section 70); (2) provide for dismissal for discriminatory acts against persons living with HIV (section 81); and (3) render the employer’s engaging in discrimination against workers living with HIV a just cause for resignation (section 83). The Government also indicates that: (1) the National Regulations for the integrated care of HIV in the health sector were drafted and were declared of public interest by Executive Decree 43055-S, in force since October 2021; (2) the assessment of the impact of workplace HIV prevention and management policies remains a challenge; and (3) in the 2018-2020 period, three cases of discrimination on the grounds of HIV status came before the labour inspectorate. The Committee notes that the UCCAEP expresses concern regarding the removal of medical examinations from the Labour Code. The Committee notes that neither the new section 70(j) of the Labour Code, nor Constitutional Chamber ruling No. 1874-2010 rule out the possibility of medical examinations for workers, the sole exception being where examinations relate to HIV testing, where no medical criteria demonstrate the need to conduct haematological tests. The Committee requests the Government to report on:

• (i)any measure adopted or envisaged to disseminate the content of section 404 of the Labour Code and of section 380 of the Penal Code; and
• (ii)any measure adopted or envisaged with a view to gathering information on the labour participation of persons living with HIV or AIDS. It further requests the Government to continue sending information on any case of discrimination on grounds of HIV or AIDS identified or denounced, the action taken, the penalties imposed, and the remedies awarded.

Articles 2 and 3. National gender equality policy. The Committee notes the information provided by the Government on various measures adopted in the framework of the public policies and national action plans on gender, which include: the signing in 2021 of a letter of understanding between the National Women’s Institute (INAMU), the Ministry of Labour and Social Security (MTSS) and the Women’s Trade Union Roundtable, which aims to promote and encourage joint actions to create conditions of equality without discrimination in work and employment, women’s participation in trade unions, responsibility-sharing in family and work life, and to combat violence at work and at home; (2) the adoption of the National Policy for Effective Equality between Women and Men in Costa Rica (2018-2030), for which the Government is still without clear outcome indicators, but which is nonetheless in implementation; and (3) the promotion of good business practices for gender equality by the INAMU. The Committee also notes that in 2018, 61.14 per cent of all persons benefitting from the National Employment Programme (PRONAE) were women. It further notes the statistical information provided by the Government on the employment rates for men and women, including for export processing zones. It also notes that the COVID-19 crisis widened the labour gap between men and women, and that according to available statistics, labour market participation in 2020 stood at 46 per cent for women and 69 per cent for men, while in 2019 the rates were at 52 per cent and 73.6 per cent, respectively. The Committee notes the observations of the UCCAEP, according to which the principle of citizens’ participation was not respected in the adoption of the Regulations governing Act No. 8901, which establish the minimum percentage of women that shall be included in the executive boards of associations, trade unions and solidarist associations, did not respect the principle of citizens’ participation. The Government indicates that it will review the procedure carried out for the enactment of the Regulations. The Committee requests the Government to provide information on the specific measures adopted or envisaged to promote gender equality in employment and occupation, including within the framework of the National Policy for Effective Equality between Women and Men in Costa Rica, and to monitor and report on its impact. The Committee also requests the Government to continue providing statistical information on labour market participation, and the continued employment of men and women.

Migrant workers. The Committee notes the Government’s indication that the labour inspectorate dealt with 6,762 migrants in 2021. The Committee also notes that the National Inspection Directorate is currently working to produce a Policy for the integrated treatment of labour migrations, with a view to providing more effective protection of workers. The Committee requests the Government to provide information on the Policy for the integrated treatment of labour migrations, and also on any other measure adopted to protect migrants against discrimination.

Promotion of equality of opportunity and treatment irrespective of race and colour. The Committee notes with interest the Government’s reference to Act No. 10120 of 2022 on affirmative action in support of persons of African descent, which establishes measures to promote access for the population of African descent to employment and education, and includes the requirement that all public institutions must reserve at least seven per cent of their post vacancies a year for persons of African descent, provided that the latter fulfil, in equal conditions, the legal and constitutional requirements to accede to these posts (section 3). The Committee also notes that the Government indicates the following: (1) international, institutional and cultural tours and activities were conducted under the National Policy for a Society Free from Racism, Discrimination and Xenophobia 2014-2025 and its plan of action; (2) a new census is being prepared to gain greater understanding of the population of African descent; (3) in 2021, the Board of Directors of INEC approved the technical guidelines for the ethnic-racial approach to producing official statistics and its operational guide, and these are mandatory for all institutions of the National Statistics System. The Committee requests the Government to provide information on the measures adopted to promote this principle of the Convention within the framework of the National Policy for a Society Free from Racism, Discrimination and Xenophobia 2014.-2025 and its plan of action. The Committee also requests the Government to provide information on the development of the process for an ethnic-racial approach to official statistics and any statistics resulting therefrom.

Enforcement. The Committee notes the Government’s indication that the labour inspection services dealt with 41 cases of discrimination in 2019, 23 in 2020 and ten in 2021, but NO disaggregation by grounds of discrimination is given. The Committee notes that work is going ahead to overhaul the monitoring system, and that this will yield more detail on the cases dealt with. The Government reports that the judiciary is also revising its internal processes to update the classification of its case files to accommodate the specific characteristics of each allegation of discrimination. The Committee requests the Government to report on possible progress made regarding the classification of cases dealt with by the labour inspection and by the courts and hopes that in its next report the Government will be able to provide statistical information on the cases of discrimination in employment in the public and private sectors and in export processing zones, disaggregated by grounds of discrimination.

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

The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), communicated with the Government report.

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee notes the Government’s indication in its report that: (1) Act No. 9677 of 2019 amends Act No. 7142 on promoting social equality for women, and that section 14, as amended, establishes that “[w]omen shall have the right to equal wages to men, in both the private and public sectors, for work of equal value for the same employer, whether it concerns the same position or different positions of equal value, or functions that are equivalent or equivalent to a reasonable degree”; (2) section 167 of the Labour Code and Act No. 9677 are understood to be interrelated and complementary, and the amendment of section 167 of the Labour Code is currently before the Legislative Assembly (draft Act No. 22522) for examination. The Committee notes the observations of the UCCAEP, that the amendment proposed in draft Act No. 22522 could result in legal uncertainty by failing to establish objective parameters for determining whether the tasks and functions performed are of equal value. While welcoming the Government’s efforts, the Committee wishes to recall that the principle of the Convention is not limited to comparisons between men and women in the same establishment or enterprise but allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises or for different employers (2012 General Survey on the fundamental Conventions, paragraph 697). The Committee requests the Government to take measures to ensure that the principle of equal remuneration for work of equal value allows comparison between work performed for different employers. It further asks the Government to report on: (i) the amendment process for section 167 of the Labour Code; and (ii) how it envisages the process of objective evaluation of jobs in different sectors for the effective application of the principle of the Convention.

Articles 1–4. Gender pay gap and occupational segregation. The Committee notes the information provided by the Government, that: (1) Costa Rica has joined the Equal Pay International Coalition (EPIC), and within that framework has requested ILO technical assistance to establish a method to measure the pay gap; (2) Act No. 9677 created the Inter-institutional Commission on Wage Equality for Men and Women and provides for the incorporation of the wage equality indicator into the National Statistics and Census Institute labour market studies in order to periodically evaluate the reasons for the wage gap between men and women and establish appropriate measures; (3) the gender perspective will be included in the labour market studies used to define occupational profiles, in order to classify the latter and place them correctly within the structure of the Decree on Minimum Wages; (4) the Wages Council applied additional increments to the minimum wage for women domestic workers, compared with that paid for unskilled workers, reducing the gap between the minimum wage paid to both groups from 31.92 per cent in 2014 to 24.23 per cent in 2022; (5) the Gender Equality Label is still functioning. The Committee also notes the observations of the UCCAEP that the Gender Equality Labels are burdensome, especially for micro, small and medium-sized enterprises. The Committee requests the Government to continue providing information on the measures adopted to reduce the pay gap between men and women, and to provide statistical information making possible an evaluation of progress achieved. The Committee also requests information on the specific measures adopted or envisaged to address occupational segregation.

The Committee recalls that, in its previous observation, it had noted the Government’s indication that the National Wage Council had agreed on a tripartite basis to amend the proposed list of minimum wages to incorporate inclusive terminology and a gender focus, without confusing activities with occupations. It observes however that the list of minimum wages for 2022 still maintains gender stereotypes by using the denomination of occupations with gender connotations (for instance, the Spanish terms “cerrajero” (locksmith), “conductor” (driver), “operario en construcción” (construction worker), “limpiador de piscinas” (swimming pool cleaner), “costurera” (tailor), “empleada doméstica” (domestic worker) and “secretaria” (secretary)). The Committee therefore once again encourages the Government to amend the denomination of occupations and employment in the list of minimum wages to eliminate gender connotations and use gender-neutral terminology.

Application in practice. The Committee notes the information provided by the Government on the number of cases of wage discrimination identified by the National Directorate of Labour Inspection (DNI), disaggregated by region and sector. The Government also highlights certain measures to strengthen the capacity of the inspection service, such as: (1) the elaboration of inspection guidelines including a gender focus; (2) the inclusion of 18 gender-related violations in the Catalogue of Violations; and (3) the training of a team of women inspectors specialized in gender issues. The Committee also notes the draft Act to amend section 69(a) of the Labour Code (file No. 21170), which seeks to place an obligation on employers to report on wage gaps between men and women; and provides penalties for wage discrimination based on gender. The Committee requests the Government to provide information on: (i) the manner in which the gender-focused tools adopted address the principle of equal remuneration for men and women for work of equal value; and (ii) the cases identified and complaints received of wage discrimination, as well as any penalties imposed, and remedies granted.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Legislation. The Committee requested the Government to provide information on the inclusion of colour in the list of grounds of discrimination prohibited by the Labour Code. In this regard, the Committee notes the Government’s indication in its report that section 1 of Act No. 2694 of 22 November 1960 prohibiting discrimination at work expressly prohibits “any kind of discrimination, defined as distinctions, exclusions or preferences, on the grounds of race, colour, sex, age, religion, civil status, political opinion, national extraction, social origin, filiation or economic situation, that limits equality of opportunity or treatment in employment or occupation”. The Committee also notes that the Government reports the adoption of Legislative Decree No. 9343/2015 reforming labour procedures and amending the Labour Code, section 404 of which expands the grounds of discrimination to include, from 25 July 2017, “the grounds of age, ethnicity, gender, religion, sex, race, sexual orientation, civil status, political opinion, national extraction, social origin, filiation, disability, trade union membership, economic situation or any other similar form of discrimination …”. Furthermore, the Committee notes with interest that, in April 2019, Costa Rica ratified the Inter-American Convention against all Forms of Discrimination and Intolerance, which contains a broad definition of discrimination that encompasses grounds of any nature.

Sexual harassment. In its previous comments, the Committee requested the Government to report the number of complaints of sexual harassment lodged with the labour inspectorate and the judiciary, the actions taken, the penalties imposed and remedies awarded. The Committee notes the Government’s information regarding a special procedure in the procedural handbook of the labour inspectorate for addressing cases of workplace and sexual harassment, in accordance with the provisions of Act No. 7476 of 3 February 1995 against sexual harassment in employment and education. The Government reports that, in 2017, the National Labour Inspection Directorate dealt with more than 900 special cases in relation to discrimination issues, of which 27 were cases of sexual harassment. The Committee requests the Government to report on the number of complaints of sexual harassment lodged with the labour inspectorate and the judiciary, the actions taken, the penalties imposed and remedies awarded.

Article 1(1)(b). Real or perceived HIV status. The Committee noted the Government’s indication concerning the legislative initiative to amend the General HIV and AIDS Act (Act No. 7771 of 29 April 1998) to afford greater protection against discrimination on the grounds of HIV and AIDS status and requested the Government to report any progress in that respect. The Committee notes the Government’s indication that the four-year period for the approval of the draft amendment to the General HIV and AIDS Act has expired and any deputy who wishes could request its consideration, which would lead to it being included once again on the agenda of the Legislative Assembly. Moreover, the Committee requested information from the Government on the awareness-raising measures related to the application of legislation on HIV and AIDS in the public and private sectors, and developments in the adoption of a policy for preventing and addressing HIV and AIDS. In this respect, the Committee notes the information from the Government on the development of the National Strategic Plan (2016–21) by the National Council for Comprehensive Action on HIV and AIDS (CONASIDA), which is composed of the Government, the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), the United Nations and non-governmental organizations. The Government indicates that strategic action 1.1.5 of the National Strategic Plan is based on the “Directive for preventing and addressing HIV and AIDS in the world of work”. As a result, CONASIDA, cooperation agencies and the Business Association for Development, established partnerships with private enterprises for the development of policies in 39 enterprises. Similarly, the Government reports that the Business Association for Development produced a “toolbox” with a view to the Ministry of Labour and Social Security (MTSS) encouraging the business sector to develop policies and training measures. Furthermore, the MTSS adopted the Policy for Preventing and Addressing HIV and AIDS (2014–19), aimed at recognizing HIV and AIDS as a workplace issue, an adequate response to which requires the participation of employers’ and workers’ organizations. The Committee requests the Government to report on any amendments of the General HIV and AIDS Act. The Committee also requests the Government to provide information on: (i) the impact of the measures adopted under the Policy for Preventing and Addressing HIV and AIDS (2014–19) on the integration of HIV-positive workers into the labour market and their conditions of work (including initiatives adopted to combat stereotypes and prejudices with a view to eliminating discrimination on the grounds of real or perceived HIV status); (ii) any cases heard by the courts or brought to the attention of the Labour Inspectorate relating to non-respect of the prohibition of discrimination against men or women workers who are, or are perceived to be, HIV-positive, throughout the employment cycle (hiring, retention, vocational development and return to work); and (iii) any measures adopted or envisaged to combat the discrimination and stigmatization of persons living with HIV or AIDS in the public sector.

Articles 2 and 3. National gender equality policy. In its previous comments, the Committee requested the Government, in accordance with Article 3(f) of the Convention, to provide specific information on the effectiveness of the measures adopted and the results achieved regarding the inclusion of indigenous men and women and those of African descent in the labour market and the development and recognition of their traditional occupations. The Committee also requested the Government to provide the available statistical information on the participation of men and women in the labour market, disaggregated by race and colour. The Committee notes the information from the Government on the adoption of the Plan of Action and the Public Policy for Gender Equality and Equity (PIEG ) 2016–21 and the National Policy for Gender Equality and Equity, one of the central themes of which is the “distribution of wealth” by improving women’s access to education. The Government indicates that, in 2015, a strategic partnership was established between the National Labour Inspection Directorate, the Gender Equality Unit of the MTSS and the Department of Public Policy for the Economic Autonomy of Woman and the Legal Status and Protection of the Women’s Human Rights of the National Women’s Institute (INAMU). The Government also reports the introduction of the gender equality label and the award for good labour practices for gender equality. The Government adds that the Gender Equality Unit of the MTSS, which participates in the technical monitoring commission for the Plan of Action and the Public Policy for Gender Equality and Equity, provides training in educational establishments, enterprises, trade unions and other institutions. With regard to horizontal segregation, in the first quarter of 2018 in agricultural activities, there were 227,542 men workers and only 33,584 women workers. In professional and administrative support activities, there were 112,743 men and 59,228 women. In financial intermediation and insurance, there were 27,705 men and 18,600 women. With regard to vertical segregation by occupational group, at the level of directors and managers, there were 11,726 men and only 8,111 women; at the level of technicians and associate professionals, there were 118,189 men and 54,090 women. Among farmers and forestry and animal agriculture workers, there were 67,350 men and only 6,503 women. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations expressed concern about the persistence of occupational segregation and the concentration of women in low-paid jobs and the significant gender wage gap (CEDAW/C/CRI/CO/7, 24 July 2017, para. 28(a)). The Committee requests the Government to provide information on the specific measures adopted as part of the second Institutional Plan of Action for Gender Equality and Equity (2016–20), the National Policy for Gender Equality and Equity and the implementation process of the National Policy for Effective Equality between Women and Men in Costa Rica (2018–30) and, particularly, on the results obtained with regard to the participation of women in the labour market and the reduction of horizontal and vertical occupational gender segregation. The Committee requests the Government to provide statistical information on the participation of men and women in the labour market, including in export processing zones, disaggregated by sector of activity.

Migrant workers. In its previous comments, the Committee referred to the situation of Nicaraguan workers in the country and requested the Government to indicate whether the legislation protects migrant workers and whether there have been complaints of discrimination by Nicaraguan workers or workers of other nationalities. The Committee notes the Government’s indications that: (i) the judicial authorities are working to implement in their decisions a policy of access to justice for migrants and refugees, through the National Commission for the Improvement of the Administration of Justice (CONAMAJ), in accordance with the recommendations of the Brasilia Regulations Regarding Access to Justice for Vulnerable People; (ii) an inter-institutional working group has been established — the subcommittee on access to justice for the refugee and migrant population — with responsibility for implementing public policy on this matter; (iii) the Higher Council of the Judiciary issued three guidelines on affirmative action measures to provide an adequate response to migrants, asylum seekers and refugees; (iv) Act No. 9343 reforming labour procedures established a fast-track procedure for situations of labour discrimination suffered by vulnerable populations, including the migrant and refugee population; (v) a migration management procedure has been in place since December 2007 for seasonal migrant workers between Costa Rica and Nicaragua; (vi) the Costa Rica-Nicaragua co-development project has been established to promote regulated migrant labour; and (vii) there is a special process in place for indigenous ngäbe and buglé persons from Panama. Lastly, the Government referred to the adoption of the Comprehensive National Framework on Action for and the Response to Refugees (MINARE). The Committee notes the measures adopted by the Government for the benefit of migrant workers and requests it to continue providing information on the progress made.

Promotion of equality of opportunity and treatment irrespective of race and colour. The Committee notes that the Government reports the adoption of an action plan for the achievement of the goals of the International Decade for People of African Descent (Directive No. 022-P), set out in the National Plan for People of African Descent (2015–18) and that it has provided statistical information on the participation of men and women in the labour market, disaggregated by race and colour. The Commission also notes the Government’s indication that the statistical data available on the National Policy for Gender Equality do not allow for disaggregation to identify the population of African descent. The Committee requests the Government to provide information on the impact and outcomes of the National Plan for People of African Descent (2015–18), as well as any other measures adopted or envisaged for the inclusion of indigenous men and women or those of African descent in the labour market or for the development and recognition of their traditional occupations. The Commission also requests the Government to make every possible effort to provide the available statistical information on the participation of men and women in the labour market, disaggregated by race and colour.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. In its previous comments, the Committee noted the ongoing revision of the procedural handbook for the labour inspectorate and the plans to broaden the manner in which it addresses discrimination and requested the Government to provide information on any developments in that regard. The Government reports the development of a “Gender Inspection Guide and a catalogue of new gender-based offences”, the expansion of the catalogue of inspection offences in relation to discrimination on the grounds of gender and improvements to inspection procedures. The Committee notes the Government’s indication that, from 2016 to 2017 at the national level, 824 inspections were carried out, safeguarding the labour rights of 6,477 workers, including 4,620 men and 1,857 women. The Committee requests the Government to provide more detailed information on the number of complaints lodged with the labour inspectorate or the judicial authorities in relation to cases of discrimination in employment, cases of discrimination on the grounds of race, colour, religion, political opinion, national extraction or social origin in the public and private sectors and in export processing zones, with an indication of the manner in which such complaints are addressed, the penalties imposed and the compensation awarded.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee has been referring for nearly three decades to the need to amend article 57 of the National Constitution, which provides that; “Wages shall always be equal for equal work under identical conditions of efficiency”, and section 167 of the Labour Code, which provides that “Equal wages shall be paid for equal work performed in the same job and under equal conditions of efficiency and working time, including daily payments, remuneration received, services such as housing and any other benefits granted to workers in exchange for their regular work.” The Committee recalls that the principle of equal remuneration for equal work set out in these legislative provisions is more limited than the principle of equal remuneration for men and women for work of equal value provided for in the Convention. The Committee notes the Government’s indication in its report that these regulatory provisions define qualities and characteristics that respect the principle of the Convention, as they were developed on the basis of objective criteria, and divided into occupational profiles that include jobs of an entirely different nature with no distinction of any kind. The Government adds that the above-mentioned occupational profiles are based on a detailed study and in accordance with specific labour conditions, considering various aspects, including environmental factors, complexity, difficulty, responsibility, consequences of errors, required experience and risk. In this respect, the Committee wishes to stress that, whatever the methods used for the objective evaluation of jobs, special care must be taken to guarantee that they are free from gender bias. It is important to ensure that the selection of factors for comparison, the weighting of those factors and the comparison itself are not discriminatory, whether directly or indirectly. Often, capacities considered to be “feminine”, such as manual dexterity and skills related to caring for people, are undervalued or not even taken into account, in comparison with traditionally “masculine” capacities, such as the handling of heavy objects. Noting with regret that section 167 of the Labour Code has still not been amended, the Committee urges the Government to take the necessary measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to ensure that the methods of evaluation adopted are free from gender bias.

Articles 1 and 2. Gender pay gap and occupational segregation. In its previous comments, the Committee referred to the significant pay gap (20 per cent on average, and up to 39 per cent in certain sectors, such as manufacturing), and the high level of occupational segregation on the basis of gender that exists in the country. In this respect, the Committee notes that the Government has provided information on the current trends in the gender pay gap by branch of economic activity and level of employment, which shows that, with regard to horizontal segregation, in 2017 in service activities, for each Costa Rican colons (CRC) earned by a woman, a man earned CRC1.88, meaning that men earned 88 per cent more than women in the same branch of economic activity. Similarly, in sectors such as agriculture, forestry, fishing and manufacturing, the wage gaps were CRC1.16 and CRC1.23 in the same period. Regarding vertical segregation by occupational group, in 2017, for directors and managers the gap was CRC1.42, for professionals and scientists it was 1.02 and for officials and workers it was 1.43. Furthermore, the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers’ Movement Confederation (CMTC) and the Juanito Mora Porras Trade Union Federation (CSJMP), report that a woman with a postgraduate degree barely earns the average salary of a man with an undergraduate degree. The Government indicates that the explanation for this gap lies in the low representation of women in the above-mentioned sectors and groups. The Committee notes that the Government recognizes these differences and indicates that it is taking measures to address them. Among those measures is the Plan of Action and Public Policy for Gender Equality and Equity (PIEG), the second Institutional Plan of Action for Gender Equality and Equity (2016–20) and the gender equality label and the award for good labour practices for gender equality. In 2017, the first label was granted and 15 awards for good gender equality practices were issued. The foundations are also being laid for the implementation of the National Policy for Effective Equality between Women and Men in Costa Rica (2018–30). Furthermore, the Committee notes that in April 2019, the State ratified the Inter-American Convention Against All Forms of Discrimination and Intolerance. The Committee observes that, despite all these initiatives, the figures provided by the Government between 2010 and 2017 demonstrate a consistent gender pay gap. The Committee further notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern about the persistence of occupational segregation, the concentration of women in low-paid jobs and the significant gender wage gap (document CEDAW/C/CRI/CO/7, 24 July 2017, paragraph 28(a)). Under these conditions, the Committee requests the Government to provide detailed information on the specific measures adopted or envisaged to more effectively address the structural causes of wage gaps between men and women and to promote the principle of the Convention. In this respect, the Government is requested to provide information on the impact in practice of the activities undertaken to reduce wage gaps between men and women, such as education and training measures for women to enable them to access a wider range of jobs with career prospects and higher salaries, including in sectors dominated by men. The Committee requests the Government to continue providing detailed statistical information on the levels of remuneration in the various economic sectors, disaggregated by sex and occupational category, so that it can evaluate the progress made.

The Committee has also noted that in the list of minimum wages by sector the denominations of occupations are given in a generic masculine form, with the exception of certain occupations, such as hairdresser, maid, secretary, weaver, seamstress, manicurist and child minder, which are expressed in the feminine form. In this regard, the Committee notes the Government’s indication that the National Wage Council agreed on a tripartite basis to amend the proposed list of minimum wages to incorporate inclusive terminology and a gender focus, without confusing activities with occupations. The Committee hopes that the changes will be made without delay and requests the Government to communicate the changes made to the lists of minimum wages that include the removal of the denomination of occupations and jobs with gender connotations.

Application in practice. In its previous comments, the Committee requested the Government to indicate the results of inspections carried out with a gender perspective and to provide information on whether they had detected cases or received complaints of wage discrimination between men and women, and the circumstances, categories of employment and measures adopted in that regard. The Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Nevertheless, the Committee requests the Government to report whether labour inspectors have detected cases or received complaints of wage discrimination between men and women, with an indication of the categories of employment and the corrective measures adopted in that regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1)(a) of the Convention. Legislation. The Committee has been referring for several years to the need to include colour in the list of prohibited grounds of discrimination contained in the legislation. In this regard, the Committee noted previously that Bill No. 16970 on the prevention and elimination of discrimination did not include colour, and it requested the Government to take measures for its inclusion. The Committee notes that the Government does not refer to the Bill in its report. The Committee nevertheless notes with regret that the recent Legislative Decree No. 9343 to reform labour procedures, adopted on 14 December 2015, which contains a provision prohibiting discrimination, also fails to include colour among the prohibited grounds of discrimination. The Committee recalls in this respect that when legislation is adopted to give effect to the principle of the Convention, it should include at least all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention (2012 General Survey on the fundamental Conventions, paragraph 802). The Committee requests the Government to take the necessary measures for the inclusion of colour in the legislation and to provide information on any progress achieved in this respect, including any progress relating to Bill No. 16970 on the prevention and elimination of discrimination.

Article 1(1)(b). Real or perceived HIV and AIDS status. The Committee notes the Government’s indication concerning the initiative to amend the General HIV Act (Act No. 7771 of 29 April 1998) to afford greater protection against discrimination. This initiative received the unanimous approval of the Standing Human Rights Commission in July 2015. The Committee also notes the information campaigns carried out within the judicial authorities and the indication in the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), concerning the creation within the Ministry of Labour and Social Security of an internal committee for the preparation of the policy to prevent and address HIV and AIDS with a view to achieving workplaces free from stigma and discrimination. The Committee requests the Government to provide information on the progress made in the amendment of the General HIV Act and hopes that it will provide adequate protection against discrimination for workers affected by HIV and AIDS. The Committee further requests the Government to continue providing information on the awareness-raising measures relating to the application of the HIV and AIDS legislation carried out in the public and private sectors, as well as developments in the adoption of a policy to prevent and address HIV and AIDS.

Article 2. National gender equality policy. The Committee notes that, in its report on Convention No. 100, the Government indicates that the Second Institutional Plan of Action for Gender Equality and Equity (2016–20), in the context of which various measures have been taken, such as the promotion of gender mainstreaming in small and medium-sized enterprises, in the National Learning Institute and in the work of employment managers engaged in the placement of women. In this regard, the Government provides information on the distribution of men and women in jobs, occupations and sectors which shows a significant occupational segregation based on gender, while indicating an increase in the participation of women in activities with a lower number of women. The Government adds that the gender equality unit of the Ministry of Labour, which participates in the technical committee responsible for monitoring the National Policy for Gender Equality and Equity (PIEG), provides training for education centres, enterprises, trade unions and other institutions. The Committee requests the Government to continue providing information on the specific measures adopted in the context of the Second Institutional Plan of Action for Gender Equality and Equity (2016–20), and the National Policy for Gender Equality and Equity and, in particular, their effectiveness and the results achieved in terms of the labour market participation of women and the reduction and elimination of occupational segregation based on gender (Article 3(f)). The Committee requests the Government to provide statistical data on the participation of men and women in the labour market, including export processing zones, disaggregated by sector.

Sexual harassment. Practical measures. The Committee recalls that in its previous comments it noted that the labour inspectorate is competent to investigate any complaint of sexual harassment. The Committee notes that, in the report provided in relation to the Equal Remuneration Convention, No. 100, the Government indicates that the Ministry of Labour and Social Security has carried out training in various public institutions on sexual harassment and the legislation in force. While noting the measures adopted to address sexual harassment in the public sector, the Committee requests the Government to provide information on any prevention and awareness-raising measures adopted in the private sector. The Committee also requests the Government to report the number of complaints of sexual harassment lodged with the labour inspectorate and the judiciary, the action taken thereon, the sanctions imposed and remedies awarded.

Promotion of equality of opportunity and treatment irrespective of race and colour. The Committee notes that, in its periodic report to the United Nations Committee on the Elimination of Racial Discrimination (CERD), the Government referred to the measures that are being taken, principally by the National Institute for Women (INAMU) within the framework of the National Policy for Gender Equality and Equity (PIEG 2007–17), such as the Agenda for Women of African Descent and the National Forum of Indigenous Women (CERD/C/CRI/19-22 of 17 January 2014). The Committee also notes the National Plan for Persons of African Descent (2015–18), setting out policy measures targeting the promotion of equality, access to education and justice and the adoption of special measures. The Committee requests the Government, in accordance with Article 3(f) of the Convention, to provide specific information on the effectiveness of the measures adopted and the results achieved in the inclusion of indigenous men and women and those of African descent in the labour market and the development and recognition of their traditional occupations. The Committee also requests the Government to provide the available statistical information on the participation of men and women in the labour market, disaggregated by race and colour.

Articles 2 and 3. Migrant workers. In its previous comments, the Committee referred to the situation of Nicaraguan workers in the country and requested the Government to indicate whether the legislation protects migrant workers and whether there have been complaints by Nicaraguan workers concerning discrimination. The Committee notes that the Government refers to the regulations on foreign nationals (Decree No. 37112-G of 2012), which establish different categories of migrants, but do not contain protective provisions against discrimination. The Committee recalls that the Act of 1960 prohibiting discrimination at work does not exclude migrant workers from protection. The Committee also notes the reference by the Government to a decision of the Constitutional Chamber of the Supreme Court of Justice (No. 2015-006405) reaffirming the right to equality before the law of a Nicaraguan worker who had suffered discrimination on grounds of nationality. The Committee emphasizes that the existence of legislation is not sufficient to give effect to the Convention and that appropriate methods have to be adopted to ensure effective protection in practice. Accordingly, under Article 3(f) of the Convention, the Government is required to provide information on the action taken in pursuance of the national equality policy and the results secured by such action. The Committee requests the Government to provide information on the measures taken to ensure that migrant workers enjoy effective protection in practice, and particularly on the effectiveness and results of such measures.

Application in practice. In its previous comments, the Committee noted that the handbook of procedures for the labour inspectorate was being revised and that it was planned to expand the manner in which it addresses discrimination. The Committee requests the Government to provide information on any developments in this regard, with an indication of the subjects related to discrimination that have been covered and whether sexual harassment has been included in the handbook. The Committee also requests the Government to provide information on any complaints made to the labour inspectorate, or to the administrative or judicial authorities, relating to cases of discrimination in employment in the public and private sectors, including export processing zones, with an indication of the action taken on such complaints, the sanctions imposed and the remedies awarded.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Gender pay gap and occupational segregation. The Committee recalls that in its previous comments it referred to the significant pay gap (20 per cent on average, and reaching 39 per cent in certain sectors, such as manufacturing), and the high level of occupational segregation on the basis of gender that exists in the country. The Committee notes that the Government has not provided information on current trends in the pay gap by sector. However, the information provided by the Government shows that in 2014 the gap by occupational level among directors and managers was 13.31 per cent and 18.9 per cent for professionals and scientists and 28.3 per cent for mid-level technicians and professionals. With regard to occupational segregation, the Committee notes the information provided by the Government on occupational categories, the number of employed persons and average hourly earnings, disaggregated by gender. The Committee notes that this information shows significant vertical occupational segregation. For example, 64.3 per cent of managerial level employees are men and 35.7 per cent are women, with the figures being 57 per cent of men and 43 per cent of women at the professional and scientific levels, and 66 per cent of men and 34 per cent of women for mid-level technical and professional staff, and 54.5 per cent of men and 46.5 per cent of women as administrative support staff. With regard to horizontal segregation, the information provided shows, for example, that 89 per cent of receptionists are women, 70 per cent of cooks are women, 100 per cent of carpenters are men, 100 per cent of childcarers are women and 100 per cent of cleaners and domestic helpers are women. The Committee also notes that in the list of minimum wages by sector for 2015, the denominations of occupations are given in a generic masculine, with the exception of certain jobs, such as hairdresser, maid, secretary, weaver, seamstress, manicurist and child minder, which are expressed in the feminine form. The Committee notes the Government’s recognition of these differences and its indication that it is taking measures to address them. The Government refers, in particular, to the measures taken to increase and protect wages in domestic service, in which a significant number of women work. The Committee further notes the general measures for equality adopted by the Government in the context of the Public Policy for Gender Equality and Equity (PIEG) and the second Institutional Plan of Action for Gender Equality and Equity (2016–20). The Committee requests the Government to take the necessary measures, including within the context of the Public Policy for Gender Equality and Equity (PIEG) and the second Institutional Plan of Action for Gender Equality and Equity (2016–20) to address without delay the significant vertical and horizontal occupational segregation that exists, particularly, through education and training measures for women to enable them to gain access to a broader range of jobs with better career prospects and remuneration, including in sectors in which men are in the majority. The Committee also requests the Government to continue taking measures to eliminate gender stereotypes in the public and private sectors which are hindering the access of women to the labour market, including the elimination of the denomination with gender connotations of occupations and jobs in minimum wage lists. The Committee requests the Government to provide information on the pay gap between men and women, disaggregated by sector and level of occupation, in order that trends can be perceived over the years, and on the specific measures taken to reduce and eliminate the pay gap. The Committee asks the Government to provide information on the effectiveness and results achieved through the measures adopted to address occupational segregation on grounds of gender and to reduce the pay gap.

Application in practice. The Committee notes the Government’s indication that a gender perspective has been included in labour inspection through the Public Policy for Gender Equality and Equity (2012–14). The Committee requests the Government to indicate the results of inspections carried out with a gender perspective and to provide information on whether they have detected cases or received complaints of wage discrimination between men and women, and the circumstances, categories of employment and measures adopted in this regard.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee has been referring since 1990 to article 57 of the National Constitution and section 167 of the Labour Code, which set out the principle of equal wages for equal work, which is more limited than the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee notes with deep regret that Legislative Decree No. 9343 to reform labour procedures, adopted on 14 December 2015, which amends various provisions of the Labour Code, does not amend section 167. Furthermore, section 405 of the Legislative Decree provides that “All women workers who perform equal work under subjectively and objectively equal conditions shall benefit from the same entitlements, in terms of working time and remuneration, without any discrimination.” The Committee observes that this provision reaffirms the principle of equal pay for equal work, which therefore continues to be more limited than the principle set out in the Convention. The Committee also notes the Government’s reference in its report to Bill No. 18752 to reform the Act to promote equality for women which, according to the Government, has the objective of setting out explicitly the right of women to “receive equal wages when they perform the same functions or have a job of equal value to that of a man”, and emphasizes the obligation to ensure “equivalent remuneration for men and women in work involving equal functions or the same job”. The Committee once again reiterates that the concept of “work of equal value” provided for in the Convention, includes but goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias (see 2012 General Survey on the fundamental Conventions, paragraph 673 et seq.). The Committee also emphasizes that the significant occupational gender segregation and the significant wage gap that exist, which are examined in the direct request, illustrate the need to amend the legislation to give full effect to the principle of the Convention. The Committee once again requests the Government to take the necessary measures to amend the legislation to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to provide information on any progress achieved in this respect. The Committee reminds the Government that it can request the technical assistance of the Office, if it so wishes.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s reply to the observations made by the Confederation of Workers Rerum Novarum (CTRN).

Gender pay gap. The Committee recalls that in its comments the CTRN indicated that the average pay gap was 20 per cent (in sectors such as manufacturing, it reached 39 per cent), that women are those who are most widely engaged in part-time work and that two out of every ten women workers are engaged in domestic service. The Committee notes that the Government recognizes the existence of pay gaps between men and women in the various activities and sectors. The Government refers to the measures taken with a view to resolving this situation including, for example, the National Campaign for Compliance with Minimum Wages, which seeks a better distribution of wealth, and training and vocational skills activities so that women can have access to jobs in which there has been a lower level of female participation. The Committee also notes the statistical data provided by the Government, indicating that women’s participation in the labour market is considerably lower than that of men, and that there exists significant occupational segregation. The Committee requests the Government to continue taking measures with a view to increasing the participation of women in the labour market and improving vocational training for women in careers traditionally followed by men. The Committee requests the Government to provide specific information on the impact of these measures in terms of reducing the gender pay gap.

Application in practice. The Committee requests the Government to provide specific information on the awareness-raising measures undertaken with a view to reducing occupational sex segregation and the gender pay gap and giving full effect to the principle of equal remuneration for work of equal value, as set forth in the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s communication in reply to the comments made by the Confederation of Workers Rerum Novarum (CTRN), dated 30 August 2012. The Committee recalls that the CTRN’s comments referred to discrimination against Nicaraguan Workers, failure to grant maternity leave and discrimination against workers with disabilities and workers living with HIV.

The Committee notes that, with regard to workers with disabilities, the Government refers to Act No. 7600 on equality of opportunity for persons with disabilities and the Act providing incentives to employers recruiting persons with disabilities (Act No. 7092). The Government adds that Act No. 7771 provides protection against discrimination for persons living with HIV and prohibits the requirement of HIV tests. The Government further indicates that the labour inspectorate is empowered to investigate any complaint concerning discrimination at work on grounds of age, sex, race, national extraction, HIV and AIDS, as well as complaints of sexual harassment. The Committee notes the model employment contract agreed between Nicaragua and Costa Rica, which contains provisions on terms and conditions of employment. The Committee requests the Government to provide information on the application in practice of the agreement on the model employment contract concluded between Nicaragua and Costa Rica. The Committee also requests the Government to indicate whether the legislation in force covers migrant workers and whether Nicaraguan workers who consider that they have suffered discrimination at the workplace have lodged complaints in this regard. The Committee further requests the Government to provide information on any administrative or judicial action taken to address discrimination on the grounds of nationality, disability or seropositive status. The Committee also asks the Government to reply to the issues raised in its previous direct request.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s reply to the observations made by the Confederation of Workers Rerum Novarum (CTRN).

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee has been referring for a number of years to article 57 of the National Constitution and section 167 of the Labour Code, which set out the principle of equal wages for equal work. The Committee notes that the Government’s report does not contain any new elements in this regard. The Committee once again reiterates that the concept of “work of equal value”, on which the Convention is based, includes but goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see the General Survey of 2012 on the fundamental Conventions, paragraph 673 et seq.). The Committee once again asks the Government to take the necessary measures to amend the legislation to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to provide information on any progress achieved in this respect. The Committee reminds the Government that it can request the technical assistance of the Office, if it so wishes.

Occupational sex segregation. The Committee notes that in its observations the CTRN indicated that, although women have a higher educational level, they have not been able to gain access to more and better job opportunities or better wages, and that there exists a high level of occupational segregation, which is demonstrated, for example, by the fact that 20 per cent of women and less than 3 per cent of men are employed in domestic service and approximately 12 per cent of women and 4 per cent of men are employed in the education sector. The Committee notes the Government’s information on training activities for women on work and jobs traditionally undertaken by men. The Government nevertheless adds that occupational segregation is a response to circumstantial and cultural elements and that the Decree on minimum wages determines wages irrespective of the sex of those employed. The Committee noted in its previous observation the occupational profiles which, according to the Government, involved the grouping of various occupations into 23 categories, which are then subdivided into unskilled, semi-skilled and skilled. The Committee notes that the Government reiterates that these occupational profiles have been developed based on objective criteria and grouping together a broad range of occupations. The Government indicates that it is not yet able to determine the distribution of men and women for each occupational profile. The Committee notes the statistical data provided by the Government, which demonstrates the existence of occupational segregation, with most women being engaged in the commercial, teaching and services sectors. The Committee recalls that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, have contributed to occupational sex segregation within the labour market, with women being concentrated in certain jobs and certain sectors of activity. These views and attitudes also tend to result in the undervaluation of “female jobs” in comparison with those of men who perform different work and use different skills, when determining wage rates (see the General Survey of 2012, paragraph 697 et seq.). The Committee asks the Government to provide a copy of the occupational profiles, and the categories of jobs included in each profile, as well as information on the average wage received for each occupational profile. The Committee once again asks the Government to provide examples of cases in which the Ministry of Labour and Social Security has placed private sector workers in wage categories.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Gender pay gap. The Committee asks the Government to send statistics disaggregated by sex relating to the remuneration received by men and women in the public and private sectors.

Enforcement. The Committee notes the Government’s indication that the Electronic Case System (SILAC) of the National Directorate for Labour Inspection is operational and inspectors have been trained in its use. However, the Government indicates that this system does not record information disaggregated according to types of discrimination and recognizes that the system needs to be improved in this respect. The Committee asks the Government to continue to supply information on the implementation of the Electronic Case System (SILAC) and hopes that as a result statistics will be available in future relating to the number of complaints of discrimination in employment and occupation and, in particular, discrimination on the basis of gender. The Committee also requests the Government to provide information on the action taken by labour inspectors to ensure full compliance with the principle of the Convention. The Government is also requested to indicate the measures taken to raise awareness of the principle of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations of the Rerum Novarum Workers’ Confederation (CTRN) of 30 August 2012, which refer to the following: (i) discrimination against foreign workers, mainly of Nicaraguan origin, in the construction sector and on plantations, who receive lower pay than Costa Rican workers and also have inferior working conditions; (ii) discrimination against women as a result of marked occupational segregation, sexual harassment and failure to grant statutory maternity leave; and (iii) discrimination against workers with disabilities. The Committee requests the Government to send its comments on these matters.

Article 1(1)(a) of the Convention. Legislation. In its previous comments the Committee referred to Bill No. 16970 concerning the prevention and elimination of discrimination, which does not establish colour as a ground of discrimination. The Committee notes the Government’s indication that the Bill is being examined by the Legislative Assembly and that the Human Rights Committee of the Assembly has been informed of the need to include colour among the grounds of discrimination. The Committee requests the Government to continue to supply information on the legislative progress of Bill No. 16970 concerning the prevention and elimination of discrimination and asks the Government to take steps to ensure that colour is included as a prohibited ground of discrimination.

Sexual harassment. In its previous comments the Committee referred to the adoption of Act No. 8805 amending the Act against sexual harassment in employment and teaching and asked the Government to provide information on the implementation of the Act and on the measures taken to raise awareness of this issue. The Committee notes that the Directorate for Women has received information sent by various institutions in which the Act is applied, and this has given rise to the formulation of a set of interpretations of the Act and of recommendations intended for these institutions. The interpretations highlight the importance of protective measures for victims, the prohibition of preliminary investigations for reasons for confidentiality and the application of the principle in dubio pro victim (a presumption in favour of the victim). The Government indicates that the inter-institutional commission, coordinated by the Women’s Ombudsman and which includes representatives from the Ministry of Public Safety, the judiciary, the Supreme Election Tribunal, the National University and other bodies, has continued its work to collaborate in the process of implementation of the Act. The tasks performed include training activities for staff relating to sexual harassment and the preparation of model regulations for those institutions which have still not adopted regulations against sexual harassment. The Government indicates that, of the 50 per cent of institutions that have regulations relating to sexual harassment, 14 per cent are in conformity with the legislation in force. The Committee requests the Government to continue to supply information on the implementation of Act No. 8805 concerning sexual harassment and in particular on the training and awareness-raising measures which have been adopted, their impact on the prevention of sexual harassment in the workplace and also measures to ensure that entities and institutions have adopted regulations on sexual harassment which are in conformity with Act No. 8805. The Committee also requests the Government to provide information on the number of complaints of sexual harassment submitted to the labour inspectorate and the judicial authorities and any follow-up action taken.

Article 1(1)(b). Real or perceived HIV status. The Committee draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), in particular Paragraphs 9–14 and 37. In the context of implementation of the General Act concerning HIV/AIDS and in particular section 10 thereof, which prohibits any employment discrimination against any worker living with HIV/AIDS, the Committee requests the Government to provide information on the policies and programmes adopted in relation to HIV/AIDS in the workplace, and also the legislation, collective agreements or judicial decisions which provide specific protection to prevent stigmatization or discrimination relating to real or perceived HIV status in the context of employment and occupation.

Article 2. National equality policy. Gender equality. The Committee notes the Government’s statement that, in the context of the National Policy on Gender Equality and Equity 2010–17, a review was undertaken of the Plan of Action for 2010 and a second Plan of Action for 2010–14 was drawn up with the participation of women’s and civil society institutions and organizations. The Government indicates that, even though progress has been made in the context of paid work and income generation, problems have been encountered in capacity building for women from the poorest groups and indigenous women with a view to their integration in the labour market and the elimination of discrimination at work. The Plan establishes instruments aimed at reducing the existing gender gap, giving support to micro-enterprises and specific actions in agriculture. While emphasizing the increased participation of women in formal employment, the Government states that the National Training Institute conducted activities in the context of the National Child Care and Development Network to promote the employability of women through the formulation and validation of the Assistance Programme for the Comprehensive Care of Young Persons, with a view to giving professional recognition to work traditionally undertaken by women. The Government adds that measures have been taken to consolidate the “gender equality management system”, to which the Government referred in its previous report. This includes an audit system which enables member workplaces to gradually eliminate discrimination and segregation. At present, there is one certified enterprise and four which are in the process of obtaining certification. Also being updated is the system of gender indicators, which contains 101 indicators and is valid for a ten-year period. The Committee underlines the importance of taking specific measures with a view to the elimination of gender-based segregation and points out that it is therefore necessary to eliminate stereotypes concerning the aspirations, preferences and capabilities of women and their “suitability” for certain jobs, which have contributed to occupational gender segregation within the labour market, with women concentrated in certain jobs and certain sectors of activity (see General Survey on fundamental Conventions, 2012, paragraph 697). The Committee requests the Government to continue to supply information on the measures taken in the context of the National Policy on Gender Equality and Equity 2010–17, particularly the specific results achieved on the basis of the measures for the elimination of occupational gender segregation and the integration of women in professions and occupations traditionally performed by men. The Committee requests the Government to provide labour market statistics disaggregated by sex, economic sector, occupation and jobs. The Committee also requests the Government to provide information on the voluntary audits in organizations undertaken in the context of the “gender equality management system”, referred to in its previous report. Please also provide additional information on the system of gender indicators.

Promoting equality of opportunity and treatment irrespective of race and colour. The Committee requests the Government to provide information on the situation of indigenous women and women of African extraction and on the measures taken by the Government in this respect, particularly with regard to their integration in the labour market and the development of their traditional occupations.

Export processing zones. The Committee notes the information provided by the Government to the effect that a total of 7,728 new direct jobs were created, of which 5,302 are in the services sector and 68 per cent of which are in the area of high technology. The Committee requests the Government to provide information on the number of men and women employed in the export processing zones and on their conditions of work. The Government is requested in particular to provide statistics relating to complaints of discrimination submitted by workers in export processing zones, the grounds of discrimination concerned, the outcome thereof and the follow-up action taken.

Parts III and IV of the report form. Enforcement. The Committee notes that, according to the information supplied by the National Director of the Labour Inspectorate, the handbook of labour inspection procedures is being revised and it is planned to expand the section relating to the treatment of discrimination. The complaints submitted to the inspectorate include 228 complaints concerning the dismissal of pregnant or nursing women, restrictions on the rights of pregnant workers, and sexual harassment. The Ministry of Labour conducted five investigations. The Government states that the Directorate for Labour Inspection undertook 101 training courses in 2011 for 7,000 persons, both employers and workers. Three tripartite activities were also undertaken. The Committee requests the Government to continue to provide information on the results of labour inspections and on complaints of violation of the Convention submitted to the judicial or administrative authorities. The Committee also requests the Government to provide information on the revision of the handbook of labour inspection procedures and on the training courses relating to discrimination which have been conducted by the Directorate for Labour Inspection for its officials and for workers and employers in general.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations sent by the Confederation of Workers Rerum Novarum (CTRN) on 2 September 2012. The Committee asks the Government to provide its comments in response.

Article 1 of the Convention. Equal remuneration for work of equal value. For a number of years the Committee has been referring to article 57 of the National Constitution, which establishes that wages “shall always be equal for equal work under identical conditions of efficiency”, and to section 167 of the Labour Code, which provides that “quantity and quality shall be taken into account when determining the level of wages for each type of work. Equal wages shall be paid for equal work performed in the same job and under equal conditions of efficiency and working time ...”. The Committee notes that the Government refers to occupational profiles and indicates that these respect the principle of the Convention since they were drawn up on the basis of objective criteria. The profiles are used to determine minimum wages. The Committee recalls that where the issue of wages is the subject of legislation, the principle established in the Convention must be given full legislative expression. The Committee also recalls that the principle of “work of equal value” includes comparisons between jobs which are of a completely different nature, including work performed under different conditions of efficiency and different working time, but which are nevertheless jobs of equal value. The Committee again asks the Government to take the necessary steps to amend the legislation to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to provide information on any progress made in this respect.

Occupational gender segregation. The Committee notes the information supplied by the Government in relation to the measures taken in the context of the National Policy on Gender Equality and Equity (PIEG) 2007–17, and in particular the corresponding Plan of Action 2012–14, in relation to the development of enterprises and business ventures for rural women and also technical training in fields where women are under-represented. The Government also emphasizes the high rate of participation of women in occupations that require vocational training and formal education. The Committee further notes the Government’s statement that the abovementioned occupational profiles involve grouping various occupations of different types into 23 occupational categories, which are then subdivided into categories of unskilled, semi-skilled and skilled workers, according to their level of training. The profiles constitute a technical tool enabling equal value to be attached to occupations which, despite possessing different features, are similar enough in nature to be grouped into the same occupational category. These are not based on a list of tasks but on the complexity of the work to be done, the experience required, the consequences of error, and on studies and other requirements needed to perform the job. The Government points out that all occupations are open to men and women workers, who receive the same pay, and that any differences in wages relate to different levels of training and education, as well as different levels of responsibility, experience and risks. The Government adds that the officials of the Ministry of Labour and Social Security have the power to define the scope of coverage and to place private sector workers in various wage categories on the basis of labour inspection visits. The Committee observes that the Government refers to statistics which were not attached to its report. The Committee reiterates that the system described by the Government does not appear to take account of the existence of occupational gender segregation, as a result of which certain types of jobs are performed largely or exclusively by women and others by men as a result of tradition or historical and stereotypical attitudes. Occupational segregation tends to result in “female jobs” being undervalued in comparison with work performed predominantly by men. The concept of work of equal value is therefore essential in tackling such segregation since it provides for a broader scope of comparison between different jobs. The Committee therefore asks the Government:

• (i) to specify what criteria are used to place each occupation in a specific occupational profile;
• (ii) to indicate the distribution of men and women in various occupations within each occupational profile, and indicate the manner in which it is ensured that occupations where women predominate are not undervalued;
• (iii) to provide examples of cases in which the Ministry of Labour and Social Security has defined coverage and has placed private sector workers in various wage categories.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum wage and occupational segregation. The Committee notes the information supplied by the Government indicating that minimum wage decrees draw on the occupational profiles established in Administrative Resolution 03 2000 issued by the National Wage Council. According to the Government, the occupational profiles are an instrument allowing general categories to be applied to specific cases of workers performing specific tasks. The Committee notes that, according to the Administrative Resolution, the profiles give a general explanation of the tasks performed in each of the occupations addressed in the profiles. The Government indicates that although minimum wage decrees include some of the tasks involved in specific occupations, such occupations cannot be regarded as the only ones covered by the category in question. Each category is very broad and covers a whole series of occupations. The Government indicates that the National Wage Council considers that all occupations are open to both men and women workers, and whether the worker is a man or a woman there is no variation in the wage. The Committee notes, however, that it is unclear whether the system described ensures the application of the principle of equal wages for work of equal value, which is broader than the principle of equal wages for equal work. It would appear that the system does not address occupational segregation based on sex, where some jobs are done predominantly or exclusively by women and others by men because of custom or historical attitudes. Occupational segregation tends to result in the undervaluation of “female jobs” in comparison with those jobs performed by men. In order to address such segregation, the concept of “work of equal value” is essential, as it permits a broad scope of comparison. Furthermore, the system under examination gives no indication of the manner in which the wage is established for each category. The Committee, therefore, asks the Government as follows:

• (i) to provide more information on the application of occupational profiles in practice, including statistical information disaggregated by sex on the number of workers included in each of the occupational profiles established and the wages received;
• (ii) to indicate the manner in which the system of occupational profiles established for minimum wage fixing contributes to the application of the principle of the Convention.

The Committee notes the measures taken by the Government to promote equality between men and women, including the measures to overcome gender stereotyping and the certification of jobs traditionally performed by women. According to the Government, women are concentrated in the commerce and services sectors and their participation at professional, scientific and technological level is higher than that of men. The Committee asks the Government to continue to provide information on specific measures adopted to reduce the segregation of women in the labour market, by sector and occupational category, and to indicate the impact that the certification of jobs has had on the job classification for minimum wage purposes.

Enforcement. The Committee notes the information provided by the Government concerning the activities of the labour inspectorate. It notes in particular that 80 per cent of workers who received warnings complied with the orders and penalties imposed. The Committee also notes the training activities provided for judges. The Committee asks the Government to provide further information on the procedures carried out to enforce the application of the principle of the Convention. Furthermore, noting that the Labour Inspection Directorate is piloting an electronic system for cases, the Committee asks the Government to provide information on the impact of this system and on the setting up of a system of data capture forms with respect to better enforcing the principle of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Legislation. In its previous comments the Committee noted Bill No. 16970 for the prevention and elimination of discrimination. The Committee notes the copy of the Bill sent by the Government and the Government’s indication that the Bill is currently awaiting presentation to and discussion within the Human Rights Committee of Congress. The Committee also notes that section 4 of the Bill recognizes that the prohibited grounds of discrimination include ethnic or national origin, sex, age, disability, social or economic status, conditions of health, pregnancy, language, religion, opinions, sexual orientation, civil status and cultural diversity. However, the Committee observes that the Bill does not include colour among the prohibited grounds of discrimination and recalls the importance of ensuring that, when legislation on discrimination is adopted, account is taken of all the prohibited grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee requests the Government to continue to provide information on the progress made in the adoption of Bill No. 16970 for the prevention and elimination of discrimination and asks the Government to ensure that when it is adopted, it will fully reflect the provisions of the Convention. The Committee recalls that the Government may avail itself of technical assistance from the Office.

National gender equality policy. The Committee notes the Government’s indication that the National Institute for Women (INAMU) has conducted a review of compliance with the National Policy for Gender Equality and Equity (2008–12). Under this policy, the “workplace gender equality management system” has been implemented, whereby public or private organizations are voluntarily audited by INAMU with a view to evaluating the progress made concerning the economic and labour rights of women. The criteria to be taken into account in this audit are human resources management, overall health and the sharing of work and family responsibilities. To date, the system has been implemented in five enterprises. The Committee also notes that, in the context of the National Vocational Training System (SINAFOR), gender mainstreaming is being applied to curriculum development at the National Training Institute, and measures have been adopted to increase the cross-cutting impact of the gender component. The Committee requests the Government to continue to supply information on the implementation of the National Policy for Gender Equality and Equity (2008–12) and its impact on the promotion of equality of opportunity and treatment between men and women in employment and occupation, particularly measures taken to address occupational segregation, which is a feature of the labour market, according to the statistics supplied by the Government. The Committee also requests the Government to continue to supply statistics on the situation of women and men in the labour market and on their distribution in the various occupations, posts and economic sectors.

Export processing zones. The Committee notes the information provided by the Government regarding the proportion of men and women employed in the export processing zones, which has remained stable (60.59 per cent men, 39.41 per cent women). The Committee requests the Government to continue to provide information in this regard.

Promoting equality of opportunity and treatment irrespective of race and colour. The Committee notes the Government’s indication that initiatives have been promoted to increase employment possibilities and strengthen capacities for production and entrepreneurship for indigenous women. Temporary day-care centres have also been established during the coffee harvest for indigenous women. The Committee requests the Government to continue to provide information on the INAMU initiatives and their impact on indigenous women and women of African descent with respect to employment and occupation. The Committee also requests the Government to provide information on the situation of indigenous peoples and persons of African descent in the labour market and the measures taken or contemplated to promote equality of opportunity and treatment for the members of these groups, in accordance with the Convention.

Complaints. The Committee notes the Government’s information concerning the activities of the Ministry of Labour and Social Security and the labour inspectorate, including: (1) the organization of two workshops for inspection staff with the aim of analysing procedures and responses with regard to the provision of care for pregnant women who have been dismissed from their jobs, and the provision of training on this subject for three officials of the Labour Relations Department; (2) the organization by INAMU of a workshop on sexual harassment for staff of the Ministry of Labour and Social Security; (3) the formulation of a plan of action under the gender equality policy of the Ministry of Labour and Social Security for the next decade, which provides for training activities for inspectors; and (4) the revision of the handbook of procedures of the labour inspectorate, which lays down procedures for handling cases of dismissal during pregnancy or the nursing period, sexual harassment, and discrimination. The Committee requests the Government to continue to provide information on the progress made with regard to the strengthening and capacity building of the monitoring and inspection mechanisms of the Ministry of Labour and Social Security, and on the results of labour inspections and of complaints for violations related to the Convention brought before the judicial and administrative authorities.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee has been referring for a number of years to article 57 of the National Constitution, which establishes that “the wage shall always be equal for equal work under identical conditions of efficiency”, and to section 167 of the Labour Code, which provides that “quantity and quality shall be taken into account when determining the level of the wage for each type of work. Equal wages shall be paid for equal work, performed in the same job and under equal conditions of efficiency and time ...”. The Committee recalls that these provisions do not give full effect to the principle of equal remuneration for work of equal value established in the Convention. The Committee recalls that the concept “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, that it does not require work to be performed in the same conditions or with the same efficiency, and that it encompasses work that is of an entirely different nature, which is nevertheless of equal value. Noting that the Government provides no specific information on this matter, the Committee again asks it to take the necessary steps to amend the legislation so as to give full legislative effect to the principle of the Convention, and to provide information on the progress made in this regard.

The Committee is also raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Sexual harassment. The Committee refers to its previous comment in which it noted the existence of problems regarding the effectiveness of procedures for handling complaints of sexual harassment and the reluctance of victims to bring complaints for fear of reprisals. In this regard, the Committee notes with satisfaction the adoption of Act No. 8805, amending Act No. 7476 against sexual harassment in employment and teaching, which came into force on 28 April 2010. The Committee notes that the new Act applies to both the public and private sectors, lays down clear rules of responsibility regarding the prevention of sexual harassment and above all establishes a detailed complaints procedure. In general, the procedure is launched at the level of the workplace but, according to the circumstances, may also be commenced by bringing a complaint before the National Directorate for Labour Inspection when the person committing the harassment is the victim’s employer. The Act applies to sexual harassment committed by a superior, or by a person whose rank is lower or the same. The Act also provides for preventive measures for the protection of the victim.

As regards implementing measures, the Committee notes the Government’s indication that the Women’s Ombudsman has launched educational initiatives to raise awareness and provide legal training with a view to preventing and penalizing sexual harassment; an inter-institutional commission was established for monitoring the legislation and this body has held meetings for public institutions concerning implementation and training; follow-up activities were held regarding the drafting and amendment of internal regulations concerning sexual harassment and institutional policy in 170 public institutions with a view to facilitating the processing of complaints. The Committee notes the Government’s indication that, one year after the adoption of the Act, 48 per cent of public institutions have regulations concerning sexual harassment. The Committee also notes that in 2009–10 a total of 111 complaints were brought while in 2010–11 (following the implementation of the new Act) 209 complaints were filed with the Women’s Ombudsman. The Government indicates that this increase in the number of complaints might correspond to greater awareness of the issue and the dissemination of the new Act. The Committee also notes all the educational and awareness-raising initiatives implemented by the Gender Equality Unit at the Ministry of Labour and Social Security. The Committee requests the Government to continue to provide information on the implementation of the Act against sexual harassment in employment and teaching, on the measures to raise awareness of this issue and on the impact of such measures.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. The Committee notes that a draft Act to prevent and eliminate discrimination is under discussion for approval (dossier No. 16970). The Committee asks the Government to provide a copy of the draft Act and to provide information on the steps taken towards the adoption of this Act.

National policy of gender equality. The Committee notes that the Plan of Action 2008–12 accompanying the policy of gender equality and equity (PIEG) aims at realizing the objectives set out in the PIEG, specifying the actions and the institutions responsible for carrying them out. Through the actions proposed, the Plan seeks to produce changes that can contribute to reducing the gender gaps related to, among others, employment and revenues, family responsibilities and education. The Committee notes that the Plan of Action also provides the extension of the direct coverage of the social security contribution of housewives, women domestic workers, and, in general, categories of women subject to discrimination.

Likewise, the Committee notes that in November 2008 Executive Decree No. 34936-MTSS establishing the national system of placement, orientation and information on employment was adopted. In the Government’s view, the adoption of this Decree may be important due to the use of inclusive language and its focus on gender. However, the Committee notes that the necessary conditions to mainstream gender in an integral way in the development of the system do not exist. The Committee also notes that pilot projects on placement are being promoted in two municipalities. With regard to its request concerning the guide on “good labour practices on gender”, the Committee notes that the guide could not be printed because of the lack of sources for funding.

The Committee asks the Government to provide information on the implementation of the Action Plan 2008–10 accompanying the PIEG and its impact on the promotion of equality of opportunity and treatment between men and women in employment and occupation. The Committee also asks the Government to clarify the nature of the factors hindering the mainstreaming of gender in the development of the national system of placement, orientation and information on employment and invites the Government to supply information on the outcomes of the pilot projects carried out in the municipalities. Please also provide statistical information on the situation of men and women in the labour market and on their distribution in the different occupations, positions, and economic sectors.

Export processing zones. The Committee notes that according to the data of the Office for the Promotion of Foreign Trade of Costa Rica (PROCOMER), at the end of 2008, 55,718 persons, 60.4 per cent of which were men and 39.6 per cent were women, worked directly under the regime of the export processing zones. The Committee notes that there are no statistics disaggregated by occupational category concerning the distribution of men and women in this sector. The Committee asks the Government to continue to provide information on the situation of men and women working in the export processing zones.

Promoting equality of opportunity and treatment irrespective of race and colour. The Committee notes the concerns expressed by the Committee on the Elimination of Racial Discrimination regarding the low salaries gained by indigenous peoples compared to the rest of the national population, and the difficulties they face in accessing education. It also notes the concerns expressed about the unemployment rate of young afro-Costa Ricans which is higher than the national average despite the high level of school enrolment of the afro-Costa Rican population (CEDR/C/CRI/CO/18, 17 August 2007, paragraphs 13 and 18). The Committee notes the initiatives of the National Institute of Women (INAMU) in favour of indigenous and afro-descendent women. The Committee asks the Government to continue to provide information on the initiatives of the National Institute of Women and their impact on the labour situation of indigenous and afro-descendent women. The Committee again asks the Government to provide information on the situation of indigenous and afro-descendent people in the labour market and the measures adopted or envisaged to promote equality of opportunity and treatment of the members of these groups in accordance with the Convention.

Complaints. The Committee notes the information provided by the Government with respect to the manner in which labour inspectors carry out inspection and re-inspection of workplaces. It notes that to date no complaints related to the provisions of the Convention have been recorded. The Committee also notes that the Action Plan 2008–12 aims to strengthen the mechanisms existing within the Ministry of Labour and Social Security to ensure compliance with women’s labour rights and protection against labour discrimination, namely dismissal of pregnant or breastfeeding women, sexual harassment and harassment at work. The Committee asks the Government to provide information on the progress made to strengthen the mechanisms existing within the Ministry of Labour and Social Security. The Committee also asks the Government to plan training activities in favour of labour inspectors on discrimination in employment and occupation and to provide information on the measures taken in this regard. Please continue to provide information on the results of labour inspections and on any complaints concerning the violation of the Convention brought before the competent authorities.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Equal remuneration for work of equal value. The Committee notes the Government’s indication that there is a need for a change in the perception of certain jobs which have historically been undervalued. The Committee also notes the Government’s indication that work is being undertaken on the introduction of legislative changes and the harmonization of the national legislation with the principle of equal remuneration for work of equal value as set out in the Convention. The Committee asks the Government to provide specific information on the progress achieved in giving full expression in law to the principle set out in the Convention.

Minimum wages. With regard to the fixing of minimum wages, the Committee notes the Government’s statement that classifications do not give rise to wage discrimination on the ground of gender and that the fact that the demand for a specific job is more female or male, or vice versa, is a characteristic of supply and demand on the market. With reference to this issue, the Committee refers the Government to its 2006 general observation, in which it observes that “historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and ‘suitability’ for certain jobs, have contributed to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. These views and attitudes also tend to result in the undervaluation of ‘female jobs’ in comparison with those of men who are performing different work and using different skills, when determining wage rates” (paragraph 2). The Committee wishes to emphasize that it is precisely for this reason that it is essential to undertake a comparison of these jobs, examining the various tasks that they involve on the basis of entirely objective and non‑discriminatory criteria to avoid an assessment being tainted by gender bias. The Committee asks the Government to provide information on the manner in which the application of the principle of equal remuneration for work of equal value is ensured in the fixing of minimum wages and how the National Wage Council contributes to the promotion and application of the principle of equal remuneration for men and women for work of equal value, including in the private sector.

With reference to its previous comments concerning the classification of jobs as skilled, semi-skilled and unskilled, the Committee notes the Government’s indication that statistical information is not available on the distribution of men and women in each of the skill and specialization categories used for the fixing of minimum wages. The Committee notes the objective set out in the Plan of Action 2008–12 for the National Gender Equality and Equity Policy of the establishment of an inter-institutional coordination body to promote the access and retention of women in technical and technological careers. The Committee asks the Government to provide further information on the establishment of the coordination body referred to above and its activities, as well as on any other activities carried out to reduce the segregation of women in the labour market by sector and occupational category.

The Committee notes the adoption in July 2009 of Act No. 8726, known as the Paid Domestic Work Act, which amends certain sections of the Labour Code. The Committee notes that, in relation to wages, the Act provides that persons working in domestic service shall receive their wages in cash, which shall correspond as a minimum to the statutory minimum wage for the category as established by the National Wage Council and that the wages paid in kind (accommodation and food) shall under no circumstances be counted as part of the minimum wage established by law. The Committee notes the Government’s clarifications in relation to the classification of domestic work in the Minimum Wage Decree and its inclusion under the heading of “Specific determinations”, and not in the category of “unskilled worker”. The Committee notes that, as part of the activities envisaged in the Plan of Action 2008–12 for the National Gender Equality and Equity Policy, certification is to be introduced for at least three types of work traditionally carried out by women through the certification programme of the National Learning Institute (INA). In this respect, the Committee notes that the possibility of extending the certification process to domestic work is being examined with a view to ensuring better contractual conditions and compliance with labour rights, and so that wages are determined in accordance with acquired experience and abilities. The Committee asks the Government to provide further information on the progress achieved in the establishment of this certification process and its impact on the classification of jobs for the purposes of the minimum wage.

Enforcement. The Committee notes that the Government is considering the adoption of measures to help the courts and labour inspectors to ensure the application of the principle of equal remuneration for work of equal value, including the provision of training on the concept of “work of equal value” and its application in practice. The Committee hopes that the Government will be in a position to provide further information on this matter in its next report.

Information entry forms. The Committee notes that, according to the information provided by the Government, due to a series of technical problems, it will not be possible to install the labour information system in most inspection offices until 2010. The Committee hopes that the Government will be in a position to provide further information in this respect in its next report.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Sexual harassment. The Committee refers to its previous observation and notes the Government’s indication that in 2007 draft Act No. 16566 amending the Act against Sexual Harassment in Employment and Teaching received the unanimous support of the Special Permanent Commission of Women and is now pending before the Congress. The Committee also notes that since the entry into force of the Act, the Office of the Defender of Women has made efforts to follow up on and assist in the elaboration of internal labour regulations concerning sexual harassment. The Committee notes that in its report of 2008–09, the Office of the Defender of Women formulates recommendations to eradicate bad legal practices, and suggests strategies for prevention of sexual harassment and related capacity building. The Committee also notes that, according to this report, 40 per cent of the sexual harassment complaints received were dismissed. It notes that, of this 40 per cent, 25 per cent of cases failed because women complainants did not want to pursue the complaints.

Furthermore, the Committee notes that the Gender Equality Unit of the Ministry of Labour and Security considers that most of the women who were victims of sexual harassment desisted from filing complaints before the Office of Labour Inspection owing to the perception that the system is slow and ineffective, to the fear of being victimized, to the fear of counter complaints on the part of the authors of sexual harassment in case they could not gather sufficient evidence supporting their claim, and owing to the fact that the law currently in force has a gap as regards clear sanctions against the authors of sexual harassment.

The Committee asks the Government to continue to provide information on the developments concerning the adoption of the draft Act mentioned above and to supply information on the following:

(i)    the measures adopted as a follow-up to the recommendations of the Office of the Defender of Women;

(ii)   the complaints brought before the Office of the Defender of Women and their results;

(iii) the measures adopted to provide support and to effectively protect the victims of sexual harassment, including from the risk of reprisals and victimization;

(iv)  the educational and sensitization measures adopted or envisaged to prevent sexual harassment in the workplace;

(v)   any initiatives of employers’ and workers’ organizations to combat sexual harassment at work.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Principle of equal remuneration for work of equal value. The Committee notes the Government’s statement that it wishes to make it clear that the national legal system and practice governing the bodies competent for adjusting wage increments for both the public and the private sectors do not allow the establishment of differences between remuneration rates on the ground of the sex of the worker. It also notes that article 57 of the Constitution provides that “The wage shall always be equal for equal work under identical conditions of efficiency”, while section 167 of the Labour Code provides that “The quantity and quality shall be taken into account when determining the level of the wage for each type of work. Equal wages shall be paid for equal work, performed in the same job and under equal conditions of efficiency and time … ”. The Committee reiterates that these provisions are not in conformity with the principle of the Convention. The Convention does not refer to “equal work”, but to the broader concept of “work of equal value”. The concept of “work of equal value” allows work to be compared that is of an entirely different nature, undertaken in different enterprises and sectors, which is nevertheless of equal value. The Committee refers the Government to its general observation of 2006 on the Convention, in particular to paragraph 6 of the observation. The Committee urges the Government to take the necessary measures to amend the legislation by giving full expression to the principle set out in the Convention, and to provide information of progress made in this regard.

2. Minimum wages. In its previous direct request, the Committee asked the Government to provide information on the activities carried out to reduce sectoral and occupational segregation of women in the labour market. The Committee notes that, according to the Government’s report, the National Institute for Women (INAMU) and the Gender Equality Unit have taken action to ensure that the minimum wage of female domestic workers is equivalent to the minimum wage for unskilled workers, and that the National Wages Board approved a percentage increase, which constitutes significant progress. The Committee notes that this constitutes progress as it improves the income of female domestic workers; however, it also raises the question of the criteria used, considering that domestic work involves a series of tasks of varying complexity, and is generally performed by women, is classified as unskilled work. In this respect, in paragraph 5 of its general observation, the Committee indicated that “often skills considered to be ‘female’, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally ‘male’ skills, such as heavy lifting”. The Committee indicated in the same paragraph that, in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved, through which it has to be possible to compare jobs that are very different in nature, but which are nevertheless of equal value. The Committee notes that Decree No. 33437 of the Ministry of Labour and Social Security, in Chapter 2, establishes minimum wages for eight different categories of workers. Please indicate the types of jobs which correspond to each category of minimum wage, with an indication, for example, of those that are considered to be skilled, semi-skilled and unskilled, and please also indicate the distribution of men and women in each of these categories. The Committee would also be grateful if the Government would indicate the criteria that were taken into consideration in classifying domestic work as “unskilled”.

3. Enforcement. The Committee notes that, during the period covered by the report, the records kept by the National Directorate of Inspection do not indicate any complaints relating to the Convention. The Committee considers that the absence of complaints does not mean that the principle set forth in the Convention is applied in practice, especially where this principle is not set out in law. With reference to paragraph 8 of its general observation, the Committee urges the Government to examine the possibility of adopting measures to help judges and labour inspectors guarantee the application of the principle of equal remuneration for work of equal value, including through the provision of training on the concept of “work of equal value” and the manner in which it is applied in practice, and to keep the Committee informed in this respect.

4. Information entry forms. The Committee notes that progress is being made in the redesign of the information entry forms through which data will be entered relating to equal pay in the wages of men and women. In this respect, progress is also being made in the definition of the terms for the design of the labour information system, through which it will be possible to process the data obtained from each regional office of the Directorate of Labour Inspection disaggregated by the sex of the worker concerned. The Government indicates that it hopes this system will be operational by the end of 2007 or the beginning of 2008. The Committee asks the Government to continue providing information on this point.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. National gender equality policy. The Committee notes the detailed report provided by the National Institute for Women (INAMU) on the changes which occurred during the period covered by the report. It notes the National Gender Equality and Equity Policy (2007–17), which establishes six strategic objectives. It notes in particular that the first three objectives are related to employment: the first concerns childcare as a social responsibility through the improvement of the provision of services and the promotion of shared responsibility between women and men; the second proposes the removal of the principal causes of wage gaps between women and men; and the third concerns training activities which should cover all children by 2017 with a view to removing the stereotypes which hinder equality between men and women. The INAMU has also provided constant support to the Gender Unit of the Ministry of Labour and Social Security (MTSS) for the implementation of the Plan of Action for Gender Equality and Equity 2003–06, is collaborating with the above Unit for the mainstreaming of a gender approach in the MTSS and is exerting pressure on the National Employment Information, Guidance and Placement System. The INAMU indicates that it may be concluded that women’s participation in the labour market has increased, but has not been accompanied by a significant improvement in their living conditions or quality of employment. A strategic activity in this respect promoted by the INAMU consists of employment recognition for public and private organizations which have developed a Gender Equity Management System (SIGEG). A survey carried out by the INAMU in collaboration with the MTSS and the ILO shows that there are organizations in Costa Rica concerned to offer women better employment opportunities and efforts are being made to ensure that more organizations adopt similar measures. The Committee welcomes the systematic efforts that are being made and requests the INAMU to continue providing information in this respect. Noting the information contained in the paragraph on the promotion of the National Employment Information, Guidance and Placement System and the reference to the difficulty of obtaining the approval of the Bill due to its wording, the Committee requests additional information on the content of the Bill and on the action taken to promote equality for women in the context of the above system. The Committee also notes the action undertaken by the Gender Equity Unit of the MTSS, with particular reference to the preparation of a guide on good labour practices in relation to gender, which has been applied in 30 enterprises, and it would be grateful if the Government would provide a copy of the guide on good practices once it is published. It would also be grateful if the Government would continue to provide information on the activities carried out by the Gender Equity Unit.

2. Complaints. The Committee notes that, during the period covered by the report, the records kept by the National Directorate of Inspection do not contain any type of complaint relating to the Convention. The Committee considers that the absence of complaints does not mean that the principle of the Convention is being applied, but that the means used by inspectors may not be appropriate for detecting infringements. The Committee requests the Government to provide information on the manner in which the labour inspectorate operates for the detection of cases of discrimination and on the training provided to inspectors in this regard.

3. Assistance services. The Committee notes that, according to the Gender Equity Unit of the MTSS, most of the cases of sexual harassment that it addresses do not go on to the level of becoming official complaints, and remain at the level of advice and guidance. Please indicate the possible reasons why such cases do not reach the level of complaints, and whether any changes occur once the planned amendments to the Act to combat sexual harassment are implemented.

4. Export processing zones. The Committee notes that in 2006 a total of 25,858 men (60 per cent) and 17,344 women (40 per cent) worked in export processing zones. The Committee requests the Government to indicate the distribution of men and women in the various categories of occupations in export processing zones and the corresponding levels of the wages received by men and women in these zones.

5. Race and colour. The Committee notes that, according to the National Institute of Statistics and Census, it is hoped to be able to introduce improvements and include ethnic origin in the compilation of data, possibly as from 2008. The Committee hopes that the Government will be in a position to provide precise information on the indigenous and black population in the labour market and requests it to provide detailed information on the national policy of equality of opportunity and treatment in employment and training for indigenous and black people.

6. Other grounds of discrimination. The Committee notes that the Government has provided detailed information which reflect its efforts to achieve gender equality. The Committee would be grateful if the Government would provide more detailed information on the other grounds of discrimination prohibited by the Convention.

 

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes with interest the activities undertaken by the National Institute for Women (INAMU) and the Gender Equality Unit of the Ministry of Labour and Social Security (MTSS) for the implementation of systematic plans to improve not only the quantity, but also the quality of employment for women, to which it refers in its direct request.

2. It also notes that on 8 March 2007 a draft amendment to the Act to combat sexual harassment was submitted to the Legislative Assembly. This draft text reflects the annual report 2005–06 of the Office of the Defender of Women in the National Office of the Defender of the Population, which indicated that although the Act to combat sexual harassment was intended to protect the interests of victims of harassment, its application has often had the opposite effect of restricting the rights of women as victims, giving rise to an exponential increase in sexual harassment. The draft text is the outcome of six months’ work by the following institutions: the Office of the National Defender of the Population, through the Office of the Defender of Women; the University of Costa Rica, represented by the Centre for Women’s Investigations and Studies (CIEM); the Technological Institute of Costa Rica, represented by the Gender Equality Bureau; the National Institute for Women, represented by the Gender Violence Unit; the Legislative Assembly (two deputies from the Special Standing Commission for Women and two technical advisers to the Technical Services Department of the Legislative Assembly); and the non-governmental organization “Feminist Network for Non-violence against Women”, which examined the shortcomings of the current Act with a view to preparing a new draft text. The draft includes innovative amendments aimed at establishing accessible remedies, such as the explicit prohibition in examining evidence to consider the record of complainants, particularly in relation to the expression of their sexuality, so as not to further victimize complainants, and the limitation placed on conciliation in view of the inequality between the parties. It also provides for the intervention of the Ministry of Labour and the Office of the Defender, and provides that evidence shall be evaluated in accordance with the rules of sound judgement and, in the absence of direct evidence, reference shall be made to circumstantial evidence, along with other principles which emerged in the examination of problems in the application of the existing Act. The Committee hopes that the Government will provide information on the adoption of this draft legislation and on its impact in practice.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2, paragraph 1, of the Convention. The Committee notes the activities conducted by the National Institute for Women (INAMU) and the Gender Equity Unit of the Ministry of Labour and Social Security, in particular to reduce the sectoral and occupational segregation of women in the labour market. The Committee asks the Government to continue to provide information on such activities and on their practical outcomes.

2. Article 2, paragraph 2(a). With reference to point 1 of its previous direct request, in which it referred to the possibility of amending a provision of the Labour Code, the Committee points out that the general principle of equality before the law cannot on its own ensure equal remuneration for men and women for work of equal value. As the Committee observed in its previous comments the Convention is broader in scope than the abovementioned provision since it does not confine itself to comparing “equal” jobs but also covers jobs which have the same “value”. The Committee hopes that in its next report the Government will be in a position to provide information on progress made in amending the Labour Code to bring it into full conformity with the Convention.

3. Complaints. With regard to the outcome of the application of section 3(e) of Decree No. 30392-MTSS, the Committee notes the Government’s statement that the Gender Unit has reported no complaints of discrimination on grounds of sex. It further notes that Presidential Directive No. 010-2003 empowers the labour inspectorate to investigate complaints of discrimination at work. The Committee accordingly asks the Government to keep it informed of the impact of the Decree on the application of the principle of the Convention.

4. “Information entry forms”. The Committee notes the Government’s statement that there has been no significant progress in implementing the “information entry forms” for classifying information by sector of activity and by sex. The Committee would be grateful if the Government would keep it informed of any progress in this matter.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. The Committee notes that “national extraction” is included among the grounds of discrimination in the Act to Prohibit Discrimination at Work, No. 2694 of 1960.

2. Article 2. The Committee takes note of the various labour-related programmes, projects and activities undertaken by the National Institute for Women (INAMU) in pursuit of equality, including gender equality and gender equity. Noting also that the Government’s report refers to the National Plan for Gender Equity at Work, the Committee would be grateful if the Government would provide information on the plan and its practical impact on INAMU’s activities and new agenda items that have a bearing on the application of the Convention.

3. Gender Equity Unit. The Committee notes with interest the aims and functions of the Gender Equity Unit of the Ministry of Labour and Social Security, the institutional measures undertaken in 2003 and the resulting statistical data. The Committee asks the Government to continue to provide information on the activities of the abovementioned Unit and their practical outcomes.

4. Race and colour. With regard to point 5 of its previous direct request, the Committee notes that as far as it is able, the Government will take the necessary steps to ensure that the module concerning ethnicity is included as a regular and permanent feature of all future household surveys so that it will be able to provide accurate information on the integration of the indigenous and black populations into the labour market with the same opportunities and treatment as the rest of the population. The Committee trusts that the Government will be in a position to provide this information in its next report along with information on specific measures adopted to promote the application of the Convention in relation to the abovementioned groups.

5. Labour inspection. Noting that there have been no complaints and violations reported pursuant to Ministerial Directive No. 7 of 19 September 2001, issued by the National Labour Inspection Department in order to address cases of discrimination, the Committee notes with interest Presidential Directive No. 010‑2003 laying down the circumstances that constitute labour discrimination and empowering the Labour Inspectorate to investigate complaints and, in the occurrence of any of these circumstances, take relevant action to remedy the matter in accordance with the labour law in force. The Committee requests the Government to keep it informed of the outcome of the implementation of the abovementioned directive, indicating the number and nature of the cases of discrimination identified by the Labour Inspectorate and/or referred by other agencies of the Ministry, together with a copy of summaries of inspection reports. The Committee also requests information on the outcome of the complaints, including the action taken and any penalties applied, and requests copies of any administrative and/or judicial decisions.

6. Assistance service. The Committee notes the Gender Equity Unit’s labour helpline and assistance and follow-up service for special cases of discrimination and sexual harassment, and the statistical results. The Committee requests the Government to report on any complaints and/or legal action resulting from the special cases dealt with by the Unit and on any follow-up.

7. Export processing zone. The Committee notes that the Government is ready to take the necessary steps to have the statistical data referred to in point 6 of the previous direct request disaggregated by sex. The Committee trusts that the Government will be in a position to provide such statistical information in its next report.

8. Sexual harassment. The Committee notes the Government’s efforts to secure the adoption by the Legislative Assembly of the draft Bill to amend the Act against Sexual Harassment in Employment and Teaching, and the Bill to “penalize violence against women”. The Committee urges the Government to step up its efforts to secure the enactment of these two important laws to ensure equality of treatment and opportunity in employment and occupation, and asks it to report on the status of the two bills.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided in the Government’s report, the statistical data, and the copies of legal texts.

1. The Committee notes with interest the information provided by the Government on the adoption of Act No. 8107 of 18 July 2001 inserting a new title into the Labour Code respecting the prohibition of discrimination. The Committee notes that new section 619 provides that "all workers who perform equal work shall enjoy the same rights, equal working hours and equal remuneration, without any discrimination on grounds of age, ethnic origin, gender or religion". The Committee wishes to point out that the scope of the Convention is broader than the above provision, as it does not confine itself to comparing "equal" jobs, but also covers those which are of the same "value". The Committee hopes that the Government will envisage the possibility of amending the legislation to bring it fully into conformity with the Convention on this point.

2. The Committee notes that, according to the statistics provided by the Government on the active population classified by sex and occupational group in the public sector in June 2001, there is a marked decline in the participation of women in relation to the number of men, and even in some cases an absence of women in such sectors as animal husbandry, agriculture and fishing; artisanal production, construction, mechanics, graphic arts and skilled manufacturing; the installation and operation of equipment and machinery; and sales on commercial premises and the direct provision of personal services. It also notes that there is a lower percentage of women employed in managerial posts, as they are principally in administrative support work. In this respect, the Committee notes the information provided by the Government in its report indicating that the increase in the wage gap between men and women workers is due to the negative effect on average wages resulting from the concentration of women in low-skilled and lower paid jobs.

3. The Committee reminds the Government that it is also the objective of the Convention to eliminate differences in remuneration in sectors in which jobs considered to be traditionally "feminine" may be undervalued as a result of stereotypes based on gender, or where the access of women to higher skilled and better paid jobs is not encouraged. The Committee trusts that the Government will provide information in its next report on any measures taken to promote and, where appropriate, ensure the application of the principle of equal remuneration for men and women workers for work of equal value, particularly by reducing the segregation of women in the labour market by sector and occupational category.

4. The Committee notes the adoption of Decree No. 30392-MTSS, of 30 April 2002, to optimize the activities of the Gender Equity Unit, established in 2000 in the Ministry of Labour and Social Security. The Committee would be grateful if the Government would keep it informed of any complaints made relating to the application of the principles set forth in the Convention under the terms of section 3(e) of the above Decree.

5. The Committee notes with interest the contents of Ministerial Communication MT-0701-2002, of 6 August 2002, addressed to the National Directorate of the General Labour Inspectorate on the processing of information relating to the application of ILO Conventions, and particularly the information in the Government’s report on the preparation of "information entry forms" to classify information by sector and by gender. The Committee would be grateful if the Government would keep it informed of any progress achieved in this respect and the manner in which this initiative improves enforcement of the requirements of the Convention.

6. The Committee notes the information provided in the Government’s report on the training of high- and middle-level officials in the Ministry of Labour on the labour rights of women; on the campaigns undertaken to disseminate information through the mass media; and on the preparation of a guide of good labour practices. The Committee would be grateful if the Government would provide a copy of the guide on good labour practices with its next report. The Committee also notes that the National Women’s Institute (INAMU), in addition to participating in the above activities, took part in promoting the gender equity label project, the accounting of domestic work, the revision of the household survey to improve its gender aspects and in the National Employment Information, Guidance and Mediation System. The Committee trusts that the Government will continue to provide information on any other activity intended to give effect to the provisions of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information supplied in the Government’s report and the attachments to the report. The Committee requests the Government to provide information on the following matters.

1. Referring to its general observation of 2002, the Committee notes the information supplied by the Government on Act No. 7476 to combat sexual harassment in employment and in the teaching profession. The Committee notes that the Act provides for a complaints procedure, protection for persons involved in the procedure and measures to disseminate these mechanisms in labour and education circles. The Committee also notes the draft reform of the above Act and a bill to punish violence against women. The Committee would be grateful if the Government would send the texts of the above bills to the Office and to report on any progress in the adoption of new legislation.

2. The Committee referred in its previous comments to the various provisions on discrimination at work. The Committee notes with interest that a bill has been drafted and submitted to the Legislative Assembly (file No. 15.051) which includes even more grounds of discrimination than Article 1 of the Convention (age, ethnic group, gender and religion). The Committee observes that, unlike the Convention, draft new section 619(a) of the Labour Code does not mention "national extraction" among the grounds of discrimination. The Committee reminds the Government that discrimination on grounds of national extraction covers the case of discrimination due to the nationality of a person’s forebears: for example, a person may be of Costa Rican nationality but suffer discrimination because of the nationality of his or her parents or grandparents. The Committee would be grateful if the Government would indicate whether the term "ethnic group" covers persons liable to suffer discrimination of the kind described above.

3. The Committee notes with interest the numerous measures adopted and envisaged by the National Institute for Women (INAMU) for the period from 2000 to 2006 to secure gender equality and equity in labour matters, of which the following deserve special mention: (a) strengthening the framework afforded by policies, standards and programmes to ensure that the national policy for gender equality and equity is conducted with the full commitment of the State, and that it is translated into mandatory targets to be achieved by the institutions involved in its development; (b) increasing and strengthening women’s capacities ranging from their diversity to all areas in which they participate, to enable them to assume responsibility in the filing of complaints and claims; (c) eradicating social and cultural patterns conducive to discrimination and violence against women; (d) raise awareness of women’s rights among the staff of services that deal with labour relations and employment and the staff of inspection services; and (e) acquaint women with the existence of complaints procedures and how they work. The Committee notes that women’s economic rights at work constitute one of the guiding threads of the goals set by INAMU and are the focus of the project "Labour Recognition for Public and Private Organizations that Develop a Gender-Equity Management System (SIGEG)", which is already under way. The Committee further notes the activities conducted by the Inter-institutional Committee for the Measurement of Female Labour to coordinate joint efforts by institutions with a view to making women’s contribution to national development more visible. The Committee also takes note of the publications produced in the "non-sexist education series" designed to instruct teachers on how to incorporate a gender component in the various assignments and courses offered by the Gender Equity Unit in 2002 and 2003 in order to raise awareness of women’s rights among men and women. The Committee notes that a handbook of good labour practices was prepared in 2002 which includes information on the reporting of cases of sexual harassment and gender discrimination at work and that guidelines have been prepared on introducing a gender perspective in labour. Furthermore, a labour helpline "800-Trabajo" has been established and the data collected show that most callers seek information concerning pregnancy and breastfeeding, and sexual harassment. The helpline also gives advice on the machinery for complaints and follows up on complaints lodged. The Committee trusts that the Government will be in a position to provide information in its next report on the contribution made by the various programmes, projects, publications and activities mentioned above to achieving gender equality and equity in the labour market.

4. The Committee notes with interest the text, appended to the report, of Ministerial Directive No. 7 of 19 September 2001 on the treatment of discrimination cases which was issued to the National Labour Inspection Department. The Committee would be grateful if the Government would report any complaints and infringements recorded in the implementation of the Directive.

5. The Committee notes that, according to the Government, there are no specific programmes to support the integration of the indigenous and black populations into the labour market with the same opportunities and treatment as the rest of the population, because the Constitution establishes that all are equal before the law. The Committee recalls its previous comments in which it pointed out that although a prerequisite, appropriate legislation is not in itself enough to secure effective application of the Convention: practical measures are needed in order to promote access for some vulnerable groups on the basis of equality of opportunity and treatment. The Committee would be grateful if the Government would provide information on the black population’s status in the labour market, such as statistical data by region showing the percentage of unemployment of this population and its participation rate in the various zones and at various levels of occupation. The Committee refers the Government in this connection to its comments on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

6. The Committee notes the statistical information on the enterprises that come under the free zone which the Government sent with its report. It would be grateful if the Government would take the necessary steps to ensure that in future these data are disaggregated by sex so that the Committee may assess women’s participation and status in this sector.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes notes of the information provided by the Government in its report and the attached annexes.

1. The Committee notes that, according to the ILO’s labour statistics for 2000, the average wage for women in all sectors of economic activity was 84 per cent of the level for men, representing an increase in the percentage difference between men and women since 1997 which was greater than the increase of the previous year. The Committee asks the Government to provide information with regard to the reasons for this increase and the measures taken to eliminate wage differences and promote application of the principle of equal remuneration for men and women workers for work of equal value.

2. The Committee asks the Government to provide information on measures taken within the national policy for gender equality and equity to promote and guarantee the principle of equal remuneration. Please also indicate any relevant activities being undertaken by the National Women’s Institute to this end.

3. With respect to the fixing of minimum wages, the Committee would be grateful if the Government would provide information regarding the minimum wage applicable in the export processing zones of the country.

4. The Committee notes that the Government’s report does not contain any reply to several of its previous comments and hopes that in the next report full information will be provided concerning the issues raised in its previous direct request regarding the following points.

Regarding the wage scales applicable in the public service, the Committee notes that the wage scale makes no difference or distinction whatsoever based on sex, but evaluates jobs on the basis of the activity or content thereof, in conformity with Article 3 of the Convention (see the 1986 General Survey on equal remuneration, paragraph 21). The Committee asks the Government to supply information, including statistics, on the distribution of men and women in the public service, disaggregated by rank and occupation.

The Committee would be grateful to continue receiving information on the activities of the National Directorate of the General Labour Inspection, in particular on the number of inspections carried out in respect of equal remuneration, the infringements reported and the measures taken accordingly.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government and the attached documentation.

1. The Committee notes with interest the adoption of Decree No. 29044 TSS COMES, of 30 October 2000, establishing the National Employment Programme (PRONAE) and its Regulations; Decree No. 29221 MTSS, of 20 November 2000, establishing the Gender Equity Unit in the Ministry of Labour and Social Security; Decree No. 29219 MTSS, of 22 December 2000, issuing the rules of the National Employment Mediation Council; Administrative Instruction No. 2, of 16 May 2001, on non discrimination in employment on grounds of gender; Act No. 8107, of 18 July 2001, introducing a new 11th Title into the Labour Code, under the heading "Prohibition of Discrimination"; and Act No. 8089 respecting the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

2. The Committee notes that the new 11th Title of the Labour Code introduced by Act No. 8107 provides in section 618 for the prohibition of any discrimination in work on grounds of age, ethnic origin, gender or religion. The Committee also notes that Act No. 2694, of 22 November 1960, prohibiting discrimination at work, includes in its first section a broader definition of grounds upon which discrimination is prohibited, namely discrimination based on race, colour, sex, age, religion, civil status, political opinion, national extraction, social origin, filiation or financial situation. The Committee would be grateful if the Government would explain the compatibility between these laws and would indicate whether all of the grounds for protection set out in the Convention are effectively covered.

3. The Committee notes with interest the progress report from May 2000 to April 2001 concerning the national policy for equality and gender equity. The Committee notes that the national policy for equality for women is formulated and implemented, not by the National Institute for Women (INAMU), but within public institutions with the technical assistance and support of the Institute. It notes that the strategy has not been to formulate the policy by INAMU, but to involve and achieve the participation of men and women public servants from the beginning, focusing on the development of bottom up collaboration processes in the organizational structure. The Committee requests the Government to continue providing information on the measures adopted and the action taken, as well as the progress achieved by INAMU and the other institutions involved in developing the national policy for equality and gender equity.

4. The Committee notes the progress achieved in terms of action to promote the labour rights of women, including the training of 84 women in the fields of pregnancy and nursing, sexual harassment, discrimination in access to and promotion within employment, and occupational health. The Committee also notes the inclusion of gender considerations in 50 basic education programmes at the various levels (primary and secondary). The Committee requests the Government to continue providing information on the progress achieved in the process of training teachers and preparing teaching manuals and materials.

5. The Committee notes that no claims have been registered relating to employment and occupation in the institutions to which appeals may be made under Decree No. 27897 S issuing the regulations under the General Act on HIV/AIDS. The Committee requests the Government to continue providing information on the general application of the above Act.

6. With regard to the discrimination that may be suffered by members of indigenous peoples, the black minority and other sectors on grounds of race, colour or national extraction, the Committee reminds the Government that the existence of appropriate legislation is a necessary prerequisite, but is not sufficient in itself for the effective application of the Convention. In this respect, the Committee refers to paragraphs 206 to 234 of its Special Survey on equality in employment and occupation of 1996 and recalls that it is necessary to adopt practical measures to promote access on the basis of equality of opportunity and treatment and that the prohibition of discrimination is not sufficient in itself for its disappearance, even where the legal provisions are correctly applied. The Committee requests the Government to provide information on the measures which are being adopted or are envisaged within the context of the National Employment Programme (PRONAE) or other programmes to promote access to equality of opportunity for members of indigenous populations and the black minority.

7. The Committee requests the Government to provide statistics and data disaggregated by sex on conditions of work, wages, hours of work, etc., of workers in export processing zones so that it can ensure the application of the Convention in this respect.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information in the Government's report and the information provided on the National Wage Council, and the copies of the last decrees establishing the minimum wage and wage scales in the public administration.

1. The Committee notes that, according to the ILO's Yearbook of labour statistics of 1999, the average wage for women in 1998 in all sectors of economic activity was at 88 per cent of the level for men, an increase in the percentage difference between men and women as of 1997. The Committee would be grateful if the Government could supply information in its next report on the reasons for this increase and on the measures taken to eliminate wage differences and promote application of the principle of equal remuneration for men and women.

2. The Committee notes the detailed information supplied by the Government on Costa Rican legislation encompassing the principle of the Convention, in particular on the function and the tripartite nature of the National Wage Council. It notes with interest Act No. 7510 of 9 May 1998, which ensures that the Council, in fulfilling its purpose of fixing minimum wages in the country, enjoys full autonomy and legal personality and authority. The Committee notes that Decree No. 27109-MTSS, which regulates minimum wages as of 1 July 1998, makes no distinction whatsoever based on sex. The Committee would be grateful to receive, in the Government's next report, a copy of the decree in force on minimum wages.

3. Regarding the wage scales applicable in the public service, the Committee notes that the wage scale makes no difference or distinction whatsoever based on sex, but evaluates jobs on the basis of the activity or content thereof, in conformity with Article 3 of the Convention (see the 1986 General Survey on equal remuneration, paragraph 21). The Committee requests the Government to supply information, including statistics, on the distribution of men and women in the public service, broken down by rank and occupation.

4. The Committee would be grateful to continue receiving information on the activities of the National Directorate of the General Labour Inspection, in particular on the number of inspections carried out in respect of equal remuneration, the infringements reported and the measures taken accordingly.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes that Act No. 7801 of 30 April 1998, establishing the National Women's Institute, repealed the Act establishing the National Centre for the Development of Women and the Family and transformed the above Centre into the National Women's Institute. It also notes that section 3 of the above Act provides that the Institute's objectives include: declaring and pursuing a national policy for gender equality and equity, in coordination with the public institutions; protecting the rights of women as set out in Costa Rican laws and regulations and international treaties; and coordinating public policies and promoting the social, political, cultural and economic participation of women under conditions of equality and equity with men. The Committee would be very interested in receiving information on the measures adopted, action taken and achievements of the Institute.

2. The Committee notes that the bill which envisaged the amendment of the Organic Law on the National Banking System with a view to promoting the access of women to credit has not been approved. In view of the fact that the bill was designed to facilitate the access of women to income-generating activities, please indicate any other measure adopted to promote the access of women to the labour market and to self-employment. The Committee also notes that the draft revision of the Penal Code respecting sexual harassment and propositioning is currently being examined by the Legal Affairs Committee and it hopes that it will be kept informed of developments in this respect.

3. The Committee requests the Government to keep it informed of the measures adopted to promote the access to education and employment, under conditions of equality of opportunity and treatment, of indigenous peoples, the black minority and other sectors that might be subject to discrimination on the grounds of race, colour or national extraction.

4. The Committee notes with interest Decree No. 27894-S, issuing the regulations implementing the General Act on HIV-AIDS, published in La Gaceta No. 115 of 15 June 1999. Chapter VI on measures against discrimination includes section I on measures against discrimination in the fields of labour and education and section II on measures against discrimination in administrative matters. They also establish the procedure to be followed in the event of complaints of discrimination, which includes the requirement of transmitting a copy of the report to the HIV-AIDS Comprehensive Assistance Council. The Committee reminds the Government of the possibility established in Article 1(b) of the Convention of including under the term "discrimination" for purposes of the Convention, in addition to the grounds set out in Article 1(a), "such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers' and workers' organizations ...". The Committee would therefore appreciate receiving information on the application of the General Act on HIV-AIDS in respect of employment and occupation, and particularly on the application of Chapter VI of the Regulations referred to above.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee took note in an earlier observation of the comments made by the Costa Rica Inter-Confederal Committee on 26 August 1997, concerning alleged violations of various Conventions ratified by Costa Rica, including Convention No. 111. These comments were communicated to the Government on 12 September 1997 for any reply it deemed appropriate to make. The Government sent its comments in a communication dated 9 June 1998.

2. In its comments, the Costa Rica Inter-Confederal Committee alleges that Costa Rican footballers cannot freely obtain employment for the following reasons:

-- Every professional team must register its players' list with the Competitions Department of the Costa Rica Football Federation, a private association of football employers.

-- No footballer can work officially for an employing sports association without being registered.

-- A footballer wishing to change employers must be de-registered from the team in which he is currently employed.

-- The de-registration may take place for one of three reasons: (1) it is the wish of the employer; (2) it is stipulated under the terms of an employment contract; or (3) it is required following the decision of an arbitration panel operating under the auspices of the Football Federation.

3. The trade union organization also alleges that the worker is required to pay a sum of money or sign a declaration renouncing his employment rights, under the threat of refusal to de-register him, which would prevent him from finding other employment. The Committee notes the fact that the Costa Rica Inter-Confederal Committee alleges that under these circumstances, "it is discriminatory to make the footballer's choice of employment dependent on the wishes of his current employer".

4. The Committee notes that the Government's information is consonant with the information provided by the trade union organization with regard to the restrictions on freedom of contract contained in the Rules of the Football Federation, but considers that the situation which has given rise to the complaint is not covered by Convention No. 111 because the restriction imposed on the freedom of footballers to seek other employment (de-registration subject to the wish of the employer) is not based on one of the grounds of discrimination prohibited by the Convention.

5. In its comments, the Costa Rica Inter-Confederal Committee also alleges that the Government tolerates employment announcements which, in a discriminatory manner, set unreasonable conditions or requirements relating to age or sex. The Committee notes that it has not been provided with any specific examples of such announcements, and, in the absence of any information in this regard, finds itself unable to examine this question.

6. The Committee notes with interest the Bill inserting section 109bis in the Organic Law on the National Banking System, concerning measures to promote access to credit for women (Official Gazette, No. 20 of 29 January 1998). This section provides that commercial state banks must promote the development of women (by earmarking at least 30 per cent of their total credit capital for women), preferably women using home-produced raw material in activities which constitute their principal source of income. The banks must also advertise these measures to encourage more women to take advantage of this credit. The Committee notes the potential value of this measure for promoting equal treatment of men and women in employment and occupation, and asks the Government to keep it informed of any follow-up to this project and to provide a copy of the Law in question once it has been adopted.

7. The Committee also notes with interest the draft revision of subparagraph (a) of section 81bis and the addition of sections 161bis and 161ter of the Penal Code (Act No. 4573), published in the Official Gazette No. 134 of 13 July 1998. Under these provisions, sexual harassment and propositioning will be public offences liable to private prosecution and punishable with a prison sentence of between one and two years and two and three years, respectively. The Committee requests the Government to provide a copy of the Act in question once it has been adopted.

8. The Committee refers to its General Survey of 1988 on equality in employment and occupation (paragraphs 30 to 74) with regard to measures taken by countries to guarantee equality of opportunity and treatment in respect of certain types of discrimination, the grounds for which are not referred to in Article 1, paragraph 1(a), of the Convention, giving rise to the definition of new grounds for discrimination under Article 1, paragraph 1(b), of the Convention. The Committee notes with interest the enactment of the General Act respecting HIV-AIDS published in Official Gazette No. 96 of 20 May 1998. Under section 4 of the General Act, all carriers of HIV-AIDS are entitled to freedom from interference in their activities at work, in their occupations and in education. Section 10 of the same Act prohibits any discrimination in employment against any worker with HIV-AIDS, and prohibits any employer, whether public or private, Costa Rican or foreign, from requiring reports or medical certificates from workers concerning their HIV-AIDS status as a condition for obtaining or retaining employment.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the detailed comments sent by the Costa Rica Inter-Confederal Committee on 26 August 1997 alleging problems in the Government's effective application of the Convention and its failure to send to the Inter-Confederal Committee copies of reports on Conventions in accordance with article 23 of the ILO Constitution. This communication was sent to the Government for comment on 12 September 1997. The Committee notes that the Government has sent no information on it nor a report. It therefore hopes that it will receive the report together with the Government's observations on the Inter-Confederal Committee's communication for examination at its next session.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

With reference to its previous direct request, the Committee takes note of the Government's report and the information supplied on the functioning of the National Wage Council and on the labour inspections concerning the application of the Convention.

1. The Committee notes the Government's detailed description of the national legislation encompassing the principle of equal pay for work of equal value, and also notes with interest that, according to the ILO's Yearbooks of Labour Statistics, the percentage difference between women's and men's earnings over the period 1984-93 has improved markedly, from 72 per cent to 90 per cent. The Committee looks forward to receiving more recent statistical data on the progression of women's earnings as a percentage of men's in the next report of the Government.

2. Recalling that its previous direct request had asked for a copy of the wage scales applicable in the public service, the Committee again asks for this information. It would also appreciate receiving a copy of the current Minimum Wage Decree, which the Government stated was attached to its report but which was unfortunately not received.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

In its previous observation, the Committee had noted the comments of the Trade Union Association of Employees of the Public Customs Service dated 12 October 1995 (transmitted to the Government on 17 November 1995) on alleged favouritism of a "dominant class". The Committee notes the Government's reply on the points raised, denying any arbitrary treatment of public officials and explaining the situation in the Public Customs Service. However, regarding the principle of the Convention, the Government points out that no specific and objective information was supplied in support of the allegations and that none of the seven grounds of discrimination listed in Article 1, paragraph 1(a) were mentioned. In these circumstances, the Committee considers that the matters raised do not fall within the ambit of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Discrimination on the basis of sex. The Committee notes the information provided in the Government's reports, according to which three appeals were filed with the labour tribunals in relation to the application of the Convention, which were found to be without basis. The Committee requests the Government to supply copies of these cases and any other judicial decisions relating to discrimination in employment or occupation which throw light on the application in practice of the national policy as set out in Act No. 7142 of 1 March 1990 to promote the social equality of women.

2. The Committee notes that Act No. 7476 on sexual harassment in employment and education was adopted on 3 February 1995. It includes provisions defining the type of behaviour which may be considered to constitute sexual harassment, and specifies that it is the responsibility of the employer to establish a policy against sexual harassment in the workplace, and to take effective preventive measures including the adoption of procedures for its denunciation, investigation and sanctions. The Committee would be grateful to receive from the Government information in future reports of any cases heard under this Act, including any sanctions imposed.

3. With reference to measures to promote equality of opportunity of women at work, the Committee notes from the statistics provided in the report that the participation rate of women in the national workforce is significantly lower than that of men (31.6 per cent as compared to 75.3 per cent). It accordingly asks the Government to provide specific information on: (1) the education and vocational training and guidance provided to girls as compared to boys; and (2) the measures being taken or contemplated to widen the employment opportunities available for women (as outlined, for example, in paragraphs 82 and 83 of the 1988 General Survey on equality in employment and occupation, where the Committee warns of the limitations of sex-based segregation in training and stereotyped attitudes to the type of training open to women).

4. Discrimination based on race, colour, religion, political opinion, national extraction or social origin. The Committee notes the Government's statement of commitment to the principle of non-discrimination in employment and occupation, and that it is involved in the formulation and implementation of projects to achieve this end. The Committee requests the Government to provide more concrete information on measures taken to eliminate discrimination in employment based on the above grounds within the framework of Act No. 2694 of 1960 on the prohibition of discrimination in employment, or other legislative texts, to promote equality of opportunity and treatment.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information concerning the application by the judicial authorities of Act No. 7142 of 1 March 1990 to promote the social equality of women, and particularly the application of section 94 of the Labour Code, as amended, which protects pregnant women against dismissal. The Committee requests the Government to continue supplying information on developments in case law in this field.

It would also be grateful if the Government would keep it informed of any measures taken to promote equality of opportunity and treatment of women at work. In particular, the Committee would like to be supplied with (1) statistics on the education and vocational training and guidance provided to girls as compared to boys; (2) information on the opportunities available to women to accede to occupations in which they are under-represented or unrepresented; and (3) statistics on the participation rate of women in employment and on their distribution in the services sector, industry and the public service, by occupational category and type of position (positions involving responsibility and trust).

2. The Committee requests the Government to supply in its next report detailed information on the measures which have been taken to eliminate any discrimination in employment which is based on criteria other than sex, namely on race, colour, religion, political opinion, national extraction or social origin. Furthermore, it requests the Government to supply information on the national policy adopted within the framework of Act No. 2694 of 1960 on prohibition of discrimination in employment, or in the context of other texts, to promote equality of opportunity and treatment in employment in accordance with Article 2 of the Convention. In this respect, the Committee emphasizes that the Government could refer to its 1988 General Survey on Equality in Employment and Occupation, and particularly to Chapter IV concerning the implementation of the principles set out in the Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the comments of the Trade Union Association of Employees of the Public Customs Service dated 12 October 1995 which were transmitted to the Government on 17 November 1995. The Committee hopes that the Government will communicate its observations on the matters raised therein so that the Committee will be in a position to examine them at its next session.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the attached statistics.

1. The Committee urges the Government to supply in its next report the wage scales applicable in the public service and to indicate the distribution of men and women at the various levels of the public administration, so that the Committee can verify that the principle set out in the Convention is applied through the system for determining wages in the public sector.

2. The Committee notes with interest the statistics supplied for 1992, which refer to the average earnings of workers, disaggregated by sex in various sectors and by occupational group. The Committee notes that the average wages of women are lower than those of men in all occupational groups, and particularly in occupations in which few women work; it requests the Government to continue supplying detailed information, where possible, by occupation, sector and skill level.

3. With reference to Act No. 7142 of 1 March 1990 to promote the equality of women, the Committee notes the Government's statement that this Act lays the basis for more effective equality of remuneration. It once again requests the Government to supply information in its next report on the effect given to this Act with regard to equal remuneration for men and women workers for work of equal value. The Committee would also be grateful if the Government would supply information on the criteria which form the basis of the work of the National Wage Council as regards the classification of jobs and the granting of equal wages for work of equal value.

4. The Government onces again states in its report that it is not yet possible to compile and analyse the information referred to in point V of the report form. The Committee once again emphasizes the importance of this information in order to evaluate the manner in which the principle of equal remuneration set out in national law is applied in practice. The Committee would therefore be grateful if the Government would supply information on the measures which it intends to adopt for the effective control of the application of the Convention, particularly through the activities of the labour inspection services and judicial bodies.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report for the period 1990-92, and its appendices.

1. The Committee notes the information concerning the application by the judicial authorities of Act No. 7142 of 1 March 1990 to promote the social equality of women, and particularly the application of section 94 of the Labour Code, as amended, which protects pregnant women against dismissal. The Committee requests the Government to continue supplying information on developments in case law in this field.

It would also be grateful if the Government would keep it informed of any measures taken to promote equality of opportunity and treatment of women at work. In particular, the Committee would like to be supplied with (1) statistics on the education and vocational training and guidance provided to girls as compared to boys; (2) information on the opportunities available to women to accede to occupations in which they are under-represented or unrepresented; and (3) statistics on the participation rate of women in employment and on their distribution in the services sector, industry and the public service, by occupational category and type of position (positions involving responsibility and trust).

2. The Committee requests the Government to supply in its next report detailed information on the measures which have been taken to eliminate any discrimination in employment which is based on criteria other than sex, namely on race, colour, religion, political opinion, national extraction or social origin. Furthermore, it requests the Government to supply information on the national policy adopted within the framework of Act No. 2694 of 1960 on prohibition of discrimination in employment, or in the context of other texts, to promote equality of opportunity and treatment in employment in accordance with Article 2 of the Convention. In this respect, the Committee emphasizes that the Government could refer to its 1988 General Survey on Equality in Employment and Occupation, and particularly to Chapter IV concerning the implementation of the principles set out in the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the Government's report and the information provided in reply to its previous comments, particularly regarding collective agreements.

1. The Committee noted that equal remuneration for men and women is established by law (Constitution and Labour Code) for equal work performed in the same conditions of efficiency. Recalling that under the terms of Article 1 of the Convention equal remuneration applies to work of equal value, even if the tasks are of a different nature, the Committee notes the Government's statement that the equal remuneration principle provided for in the Convention is applied in all sectors by means of legal provisions guaranteeing the minimum wage without discrimination based on sex and of the system for fixing wages which are higher than the minimum. The Committee takes due note of the information provided on this matter. It asks the Government to supply in its next report the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels.

2. With regard to the national job classification which is used as a starting point for fixing wages in various sectors of the economy, the Committee notes the Government's indications that jobs are evaluated objectively using various criteria, as suggested in Article 3 of the Convention. The Committee would be grateful if the Government would provide statistical data concerning the minimum or basic wage rates and the average actual earnings of men and of women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the percentage of women in the different occupations or sectors.

3. With regard to observance of the provisions of the law governing equal remuneration, the Committee notes the Government's statement that employers are mainly responsible for applying the Convention in practice and that the violation of the provisions on equal remuneration by employers is punished. The Government states that there is no statistical information available on the practical application of the principle. The Committee noted in its previous comments that the Government was unable to provide the information required by point V of the report form, and stresses the importance of such information for assessing how the principle of equal remuneration for work of equal value set out in the national legislation is applied in practice. Consequently, the Committee would be grateful of the Government would provide information on the measures it intends to adopt so as to ensure supervision of the application of the Convention, in particular through the activities of the labour inspection services and judicial bodies.

4. The Committee takes due note of the Act respecting promotion of social equality for women, adopted on 1 March 1990. It notes that sections 1 and 2 of the Act lay down general principles of equality for men and women in all areas of political, economic, social and cultural life and that section 2 refers to the United Nations Convention on the Elimination of all Forms of Discrimination against Women which provides for "the right to equal remuneration, including benefits, and equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the equality of work" (Article 11(1)(d)). The Committee asks the Government to provide detailed information in its next report on the implementation of the above-mentioned Act in respect of equal remuneration for work of equal value.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments, the Committee notes with interest the new Act (No. 7142 of 8 March 1990) to promote social equality of women, and particularly the provisions set forth in sections 1, 2, 3, 4, 14, 15, 16, 17, 19, 20, 23, 29 and 32 (amending sections of the Labour Code) which refer to questions relating to the application of the Convention. The Committee requests the Government to report on the results of the practical application of Act No. 7142 in terms of their effect on the application of the Convention, and particularly on equality in employment and occupation, including equal remuneration and protection against sexual harassment at the workplace.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's report for the period ending 30 June 1988, and the replies to its previous direct request. It requests the Government to continue to supply detailed information on the progress achieved in the application of the principle of equal remuneration for work of equal value.

1. The Committee notes that article 57 of the Constitution and section 167 of the Labour Code provide for equal wages for equal work performed under the same conditions of efficiency. It requests the Government to supply information on the practical application of the equal remuneration principle to men and women workers performing jobs of a different nature, but of an equal value, both with regard to the public and the private sectors.

2. The Committee refers to the Bill concerning real equality for women which was pending before the Legislative Assembly. The Committee has no information indicating whether this Bill has yet been adopted. It therefore recalls that in its 1989 comments under Convention No. 111, it noted that the Bill contained no provisions guaranteeing equal remuneration for men and women for work of equal value, and expressed the hope that this principle would be included. Please indicate the current status of the Bill.

3. The Committee notes the information supplied by the Government on the system for fixing minimum wages. It requests the Government to supply information on the application of the equal remuneration principle to men and women workers who are remunerated above the minimum wage level, both in the public and the private sectors.

4. The Committee notes with interest from the Government's report that there exists a national classification of jobs which is used as a starting point for fixing wages in various sectors of the economy. It requests the Government to provide it with a copy of that national classification, and to inform it of the practical results thereof in the application of the equal remuneration principle. Please indicate in particular whether it was established on the basis of an objective appraisal of the jobs on the basis of the work to be performed, as suggested in Article 3 of the Convention.

5. As concerns collective agreements, the Committee has examined the extracts of certain agreements forwarded with the report. It notes that none of these extracts contains the remuneration which is to be paid. It therefore requests the Government to include such information in its next report, together with an indication of how the principle of the Convention is applied through these agreements, particularly in sectors employing a high proportion of women workers.

Point V of the report form. The Committee notes from the report that no statistics on violations of the principle of equal remuneration are available from the Labour Inspectorate. It hopes that it will be possible to furnish such statistics in the next report.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes with interest the new Act (No. 7142 of 8 March 1990) to promote social equality of women, and particularly the provisions set forth in sections 1, 2, 3, 4, 14, 15, 16, 17, 19, 20, 23, 29 and 32 (amending sections of the Labour Code) which refer to questions relating to the application of the Convention. Furthermore, the Committee refers to comments in its previous direct request concerning the desirability of including in the Bill on real equality for women certain provisions on equality in employment and occupation, including equal remuneration and protection against sexual harassment at the workplace. The Committee requests the Government to report on the results of the practical application of Act No. 7142 in terms of their effect on the application of the Convention, and particularly the aspects mentioned above.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's report for the period ending 30 June 1988, and the replies to its previous direct request. It requests the Government to continue to supply detailed information on the progress achieved in the application of the principle of equal remuneration for work of equal value.

1. The Committee notes that article 57 of the Constitution and section 167 of the Labour Code provide for equal wages for equal work performed under the same conditions of efficiency. It requests the Government to supply information on the practical application of the equal remuneration principle to men and women workers performing jobs of a different nature, but of an equal value, both with regard to the public and the private sectors.

2. The Committee refers to the Bill concerning real equality for women which was pending before the Legislative Assembly. The Committee has no information indicating whether this Bill has yet been adopted. It therefore recalls that in its 1989 comments under Convention No. 111, it noted that the Bill contained no provisions guaranteeing equal remuneration for men and women for work of equal value, and expressed the hope that this principle would be included. Please indicate the current status of the Bill.

3. The Committee notes the information supplied by the Government on the system for fixing minimum wages. It requests the Government to supply information on the application of the equal remuneration principle to men and women workers who are remunerated above the minimum wage level, both in the public and the private sectors.

4. The Committee notes with interest from the Government's report that there exists a national classification of jobs which is used as a starting point for fixing wages in various sectors of the economy. It requests the Government to provide it with a copy of that national classification, and to inform it of the practical results thereof in the application of the equal remuneration principle. Please indicate in particular whether it was established on the basis of an objective appraisal of the jobs on the basis of the work to be performed, as suggested in Article 3 of the Convention.

5. As concerns collective agreements, the Committee has examined the extracts of certain agreements forwarded with the report. It notes that none of these extracts contains the remuneration which is to be paid. It therefore requests the Government to include such information in its next report, together with an indication of how the principle of the Convention is applied through these agreements, particularly in sectors employing a high proportion of women workers.

Point V of the report form. The Committee notes from the report that no statistics on violations of the principle of equal remuneration are available from the Labour Inspectorate. It hopes that it will be possible to furnish such statistics in the next report.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee notes with interest the Bill concerning real equality for women which is currently being examined by the Legislative Assembly, in particular the sections concerning education and the creation of a Board for the protection of women.

The Committee notes that the above Bill contains no provisions guaranteeing equality among men and women in respect of working conditions and of remuneration for work of equal value, which is the principle set forth in Convention No. 100 which has also been ratified by Costa Rica.

The Committee hopes that it will be possible to include among the amendments still to be made to the above Bill provisions to guarantee specifically that women enjoy equality of opportunity and treatment in respect of access to employment and training (Convention No. 111 of the ILO), and receive equal remuneration for work of equal value (Convention No. 100 of the ILO).

2. The Committee notes that the chapter on sexual protection in the above Bill contains no provisions on sexual harassment in the place of work.

The Committee has taken note of the comments made in the publication "Unidad Sindical" by the Women Workers' Secretariat of the CUT concerning the Bill on real equality for women, in which the author refers to the existence of unequal wages and sexual blackmail in the field of employment.

In this connection, the Committee wishes to refer to paragraphs 45 and following of its General Survey of 1988 on Equality in Employment and Occupation, concerning sexual harassment as a particular form of discrimination on the basis of sex, and the threat that such harassment poses to stability of employment. In the above-mentioned paragraphs, the Committee has observed that recognition of the existence of sexual harassment in the place of work plays an important role in its elimination, but has given even greater attention to the adoption of appropriate legislative provisions in this field.

The range of provisions currently in force in a number of countries include provisions of a general nature which, for example, include sexual harassment among the types of conduct considered to be hostile acts by the employer or his or her representatives and which constitute a breach of the law on employment security. Other provisions consider such conduct as acts of discrimination which violate the legislative provisions concerning the protection of human rights.

For example, one such provision prescribes that nobody may be subjected to a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome. Another such provision prescribes that nobody may be subjected to a reprisal for the rejection of a sexual solicitation or advance where the reprisal is made by a person in a position to confer, grant or deny a benefit or advancement to the person.

In some cases, provisions of a general nature are accompanied by provisions defining the types of behaviour considered to constitute sexual harassment, and the characteristics that must accompany an act of this nature, such as, that it must be justly perceived as a condition of employment or a precondition for employment.

In certain cases, provision is also made for machinery for denunciation, remedy and other procedures.

The above provisions do not prevent acts of sexual harassment from continuing to be pursued in the courts under provisions on indecent behaviour or rape.

The Committee requests the Government to examine the possibility of including in the chapter on sexual protection provisions to protect women workers against acts of sexual harassment in the place of work.

3. The Committee notes that section 17(b) of the Bill concerning real equality for women, communicated by the Government, refers to the United Nations Convention on the Elimination of All Forms of Discrimination against Women, also ratified by Costa Rica, but does not mention Conventions Nos. 100 and 111 of the ILO.

The Committee requests the Government to examine the possibility of completing section 17(b) of the Bill as follows:

To ensure observance of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, Convention No. 111 of the ILO concerning discrimination in respect of employment and occupation, Convention No. 100 of the ILO equal remuneration for men and women workers for work of equal value, the Act concerning real equality for women and all related legislation.

The Committee requests the Government to provide a copy of the Act concerning real equality for women once it has been adopted.