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

Domestic Workers Convention, 2011 (No. 189) - Costa Rica (Ratification: 2014)

Other comments on C189

Observation

2019

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The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), supported by the International Organisation of Employers (IOE), received on 1 September 2018. The Committee also notes the Government’s replies to these observations.

Article 11. Minimum wage. In its previous comments, the Committee noted that section 105(a) of the Labour Code provides that the wage of domestic workers must correspond to at least the statutory minimum wage for the category as established by the National Wage Council. However, the Committee observed that Decree No. 40022-MTSS fixing minimum wages for the private sector established a minimum wage for domestic workers below the minimum wage set for unskilled workers (which corresponded to the minimum protection wage or salario mínimo minimorum). The Committee also noted that, according to a study by the ILO on the proposed reform for the application of minimum wages to domestic work in Costa Rica, the minimum wage received by domestic workers is in no case sufficient to exceed the poverty or material deprivation thresholds. This study recommended that the Government, inter alia, promote a progressive increase in the minimum wage for domestic workers to close the gap with the minimum wage. In this regard, the Committee requested the Government to provide information on the effect given to these recommendations and to indicate how the minimum wage of domestic workers compares to that in other sectors. In this respect, the Government indicates that, pursuant to an agreement concluded between the Association of Domestic Workers (ASTRADOMES) and the Ministry of Labour in July 2014, since the second half of 2014, additional wage increases have been applied to the minimum wage established for domestic work in relation to that established for other workers in the private sector. The Committee notes with interest the approval on 24 June 2019 by the National Wage Council of resolution No. CNS-RG-2-2019, concerning the closing of the wage gap between domestic work and unskilled work. The resolution was approved following consultations with various stakeholders, including representatives of ASTRADOMES and employers of domestic workers, and the Costa Rican Social Security Fund (CCSS). The resolution indicates that the daily minimum wage established for domestic work is 41.47 per cent of that provided for in the Decree on minimum wages for unskilled workers. In this context, subparagraph (a) of the resolution establishes that the gap will be eliminated within 15 years from 2020, through the introduction of 15 additional annual adjustments to the minimum wage for domestic work in addition to the general adjustments introduced by the minimum wage decrees. Subparagraph (d) indicates that “in the event that, upon application of the final additional adjustment, there is still a difference between the minimum daily wage for domestic work and that for unskilled workers, this difference shall be eliminated and an equal minimum daily wage will be decreed for domestic work as for unskilled workers”. Lastly, subparagraph (f) provides for the performance by the National Wage Council of a technical and economic analysis of the country’s social, economic and labour conditions in 2025 to determine whether it would be viable to reduce the time period of 15 years to eliminate the wage gap. If so, the National Wage Council could agree to the amendment of the agreement on the time period and additional adjustments. The Committee recalls the obligation under the Convention to take measures to ensure not only that domestic workers enjoy minimum wage coverage, but also that remuneration is established without discrimination. It notes, however, that the very long timeframe – 15 years – established by the resolution for closing the substantial gap between the wages for domestic workers and those for unskilled workers seems unduly long. While acknowledging that the resolution also establishes a process by which the National Wage Council may, through a reconsideration of the social, economic and labour conditions of the country shorten this period, the time frame for this process – 6 years – is itself lengthy. The Committee recognizes that it may be necessary to introduce reforms to narrow the wage gap over a period of time; however, it encourages the Government to accelerate these time frames. The Committee requests the Government to continue providing updated information on any progress made in this regard. The Committee also requests the Government to provide updated statistical information, disaggregated by sex, on the impact of these adjustments on the wages that domestic workers receive in practice. The Committee further requests the Government to provide a copy of any technical and economic analysis provided for in subparagraph (f) of resolution No. CNS-RG-2-2019.

Article 14. Access to social security. The Committee notes the approval on 6 July 2017 by the Board of Directors of the Costa Rican Social Security Fund of the regulations for the registration of employers and the contributory insurance scheme for domestic workers. These regulations enable the coverage of domestic workers by health, invalidity, old-age and survivors’ insurance, whether they carry out domestic work as a principal or supplementary activity, full-time or part-time, on a daily or hourly basis. The Government indicates that representatives of the employers and workers, including the UCCAEP and ASTRADOMES, the ILO and the National Institute for Women (INAMU) participated in the drafting of the regulations. The Committee observes that section 2(1) of the regulations provides that “a domestic worker means any person who performs the work of cleaning, cooking, washing, ironing and other household or private residence work, including non-specialized care of persons, whether as a principal or supplementary activity. The performance of this work shall be for the benefit of a physical employer, under conditions of subordination and remunerated regularly, and shall not generate a profit for the employer.” Section 3 establishes the employer’s obligation to report, on a monthly basis, the total wages earned by his or her domestic worker, including ordinary wages, overtime pay and payments in kind, where applicable. Section 7 establishes the requirements for coverage at the minimum contribution threshold, in cases where employers report wages earned by their domestic worker that are lower than the minimum contribution threshold. Section 8 regulates situations in which domestic workers work for several employers and establishes that contributions shall be distributed proportionally based on the proportion of the reported wage paid by each employer. Sections 10 and 11 provide for the temporary suspension and definitive exclusion from the reduced minimum contribution threshold, respectively, in the event of non-compliance with any of the obligations established in the regulations or the incorrect insurance of the domestic worker. The Committee also notes the various measures implemented with a view to raising awareness of the new special social security scheme for domestic workers, such as the organization of information meetings for domestic workers, the training of INAMU staff and the dissemination of information through the media. Lastly, the Committee notes the detailed statistical information provided by the Government, which demonstrates the positive impact of the approval of the above-mentioned regulations on the number of domestic workers registered with the Costa Rican Social Security Fund. According to the centralized contribution collection system of the Costa Rican Social Security Fund, between 9 August 2017 and January 2018, some 2,884 domestic workers were insured, 98 per cent of whom were women and 50 per cent of whom worked part-time. The Government also indicates that, before the approval of the regulations, 204 domestic workers were insured each month, rising to 478 domestic workers a month after the approval of the regulations. With regard to the payment of contributions, the Government indicates that, following the approval of the regulations, the percentage of all domestic workers covered increased from 10.9 to 14.4 per cent between the second and fourth quarters of 2017. The Committee requests the Government to continue providing detailed information on the measures adopted or envisaged with a view to ensuring the access of all domestic workers to social security. The Committee also requests the Government to continue providing statistical information, disaggregated by sex, on the number of domestic workers registered with the Costa Rican Social Security Fund.