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

The Committee notes the information supplied by the Government in its report. The Committee requests further information on the following points.

Article 1, paragraph 1, of the Convention. The Committee notes that, under sections 118 and 122 of the Labour Code, workers who have a right to an indemnity in case of shipwreck include all workers who offer services specific to those carried out on board a vessel and who work under the authority of a captain in return for remuneration. The Committee recalls that, under the provisions of the Convention, captains also shall have a right to an unemployment indemnity in case of shipwreck. It requests the Government to indicate whether section 122 of the Labour Code is interpreted in practice to include captains, or whether captains are covered under separate provisions.

Article 1, paragraph 2. The Committee notes that the above-mentioned section 122 of the Labour Code does not contain a definition of the term vessel. It also notes the Government's explanation in its 1992 report that there is no merchant fleet in Costa Rica and consequently that many lacuna exist in this respect. The Committee would appreciate information on whether there have been in practice cases of denial of unemployment indemnity in case of shipwreck to seamen on vessels which have been deemed to be outside the scope of Article 122 of the Labour Code.