Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Costa Rica

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1960)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1972)

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

The Committee notes the joint 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, on the application of Conventions Nos 81 and 129.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Collaboration between the labour inspection services and the judiciary. In reply to the Committee’s previous comment, the Government indicates in its reports that there is continuous coordination with the judicial authorities, principally for the provision of reciprocal training in various fields and that, although it does not have information on the current situation regarding the agreement between the Deputy Minister of Labour and the magistrates of the judiciary of 2015, the National Labour Inspection Department (DNI) continues to work hand-in-hand with the judiciary. With reference to the application in practice of Title 7 of the Labour Code, the Government indicates that, when violations are detected by employers during the inspection cycle and they are not remedied, the DNI brings charges for violations of labour legislation by the employer before the respective labour courts. The Committee notes this information, which addresses its previous request.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between inspection officials, and employers and workers or their organizations. The Committee notes the Government’s indication that, despite being convened twice, it has not been possible to establish either the National Technical Advisory Council on Labour Inspection or the Regional Technical Advisory Councils. In their observations, the CTRN, CMTC and CSJMP indicate that collaboration between the labour inspection services and trade unions prior to inspections is sporadic and that in most cases trade union leaders are not interviewed when inspections are carried out, even in cases where the request for inspection has been made by the trade unions. The Committee once again requests the Government to provide information on the measures adopted or envisaged to promote collaboration between labour inspectors and employers and workers or their organizations, either within the National Technical Advisory Council on Labour Inspection, the Regional Technical Advisory Councils or in any other manner.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Conditions of service. The Committee notes that the CTRN, CMTC and CSJMP, in their joint observations, indicate that the Framework Act on public employment (Act No. 10159), which entered into force on 10 March 2023, has established a wage system based on an overall salary, or in other words remuneration or a single amount received by a public official for the provision of services, thereby eliminating in the public sector the possibility of receiving premiums, increases or wage increments as salary bonuses, or regular cost of living increases. In particular, they indicate that the entry into force of the Act is creating serious inequalities and labour disputes in the public sector, as a distinction is being made between the personnel recruited since March 2023, who receive the overall salary, and those recruited previously, who continue to receive compound salaries (the basic salary plus additional wage components). The trade unions add that this situation has destabilized the public sector, resulted in an exodus of personnel and turned the public sector into a labour niche in which the conditions are increasingly precarious, which is clearly having an impact on the strengthening of labour inspection. The Committee requests the Government to provide its comments on this matter.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. With reference to its previous comments, the Committee notes the information provided by the Government on the various training courses provided to DNI personnel by institutions such as the National Women’s institute, the Office of the Prosecutor-General of the Republic and the University of Costa Rica. The Government adds that, with a view to strengthening knowledge on occupational health in agriculture, training is being carried out for inspectors in coordination with the Occupational Health Council and specialized groups have been created in the areas of gender, occupational health and labour migration. The Committee also notes that, in their joint observations, the CTRN, CMTC and CSJMP: (1) refer to the 2023 report on the evaluation of the needs of labour inspection in Costa Rica, prepared by the ILO, in which it is noted that there is no specialized and permanent training programme focused on those aspects considered to be priorities by the DNI; and (2) indicate that the report considers that in certain regions knowledge of English should also be included as a training need. The Committee requests the Government to provide its comments on this subject and to provide information on the training provided on specific risks in the agricultural sector.

Article 14 of Convention No. 81 and Article 19(1) of Convention No. 129. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Committee notes the Government’s indication that, in accordance with section 221 of the Labour Code, every employer shall be required to notify to the National Insurance Institute occupational risks that affect dependent workers under their management. The notification shall be made within eight working days, as from the time that the hazard occurred. The Government adds that, since 2016, the Occupational Health Council presents the most important occupational accident statistics on an annual basis, which are referred by the National Insurance Institute to the General Supervisory Insurance Board. In this regard, the Government provides the occupational health statistics contained in the CSO’s 2025 report, according to which in 2023: (1) there were 18,131 reported cases concerning a total of 103,683 insured persons in agriculture, livestock, forestry and fishing, which represents an incidence of 17.5 per cent, or 1.8 points lower than in 2022 (19.3 per cent); (2) the second highest incidence by occupation are agricultural workers in qualified agricultural, forestry and fishing work, with and incidence of 13.1 per cent and 808 accidents; and (3) the economic activities with the highest number of occupational diseases are public administration and defence, with 1,348 cases, followed by agriculture, livestock, forestry and fishing with 864 cases and, in third place, the manufacturing industry with 720 cases. With reference to the increase in occupational deaths and accidents, according to the data available for the triennial period 2022–24, the National Insurance Institute has indicated that the increase in the labour force following the pandemic has to be taken into consideration. The Committee notes that, in their observations, the CTRN, CMTC and CSJMP express concern at the number of undeclared occupational accidents and diseases in the agricultural sector, which makes it even more difficult to take appropriate decisions to verify compliance with workers’ rights in the sector. The Committee once again requests the Government to provide information on the measures adopted or envisaged to improve notification to the labour inspection services of industrial accidents and cases of occupational disease, including in the agricultural sector, in accordance with Article 14 of Convention No. 81 and Article 19(1) of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Preparation, publication and communication of the annual inspection report. The Committee welcomes the separate publication of the annual reports on labour inspection activities, both in general and in agriculture, on the website of the Ministry of Labour and Social Security. The Committee notes that both reports were duly communicated to the ILO Office in San José. The Committee also notes that these reports contain information, in particular, on the organizational chart, relevant legislation, and the numbers of inspectors, inspections carried out, workplaces inspected, workers covered in such inspections and the type of violations found. The Committee requests the Government to ensure that annual inspection reports contain information on the penalties imposed, industrial accidents, occupational diseases and the causes of these accidents and diseases when they occur in the agricultural sector, in accordance with Article 21(e), (f) and (g) of Convention No. 81 and Article 27(e), (f) and (g) of Convention No. 129.

Matters relating specifically to labour inspection in agriculture

Article 17 of Convention No. 129. Preventive control. The Committee notes that, in their joint observations, the CTRN, CMTC and CSJMP indicate that there is no specific inspection service in the agricultural sector and that the scarce coverage and capacity of the inspection services in the country mean that there is practically no preventive inspection, which gives rise to serious problems for workers’ health due to their exposure to substances prohibited in other countries, such as agricultural chemicals. The Committee requests the Government to provide its comments on this subject.

The Committee also recalls the pending comment on the Labour Administration Convention, 1978 (No. 150), adopted by the Committee in 2022, to which it requests the Government to reply in accordance with the reporting cycle.