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

Labour Inspection Convention, 1947 (No. 81) - Costa Rica (Ratification: 1960)

Other comments on C081

Observation

Direct Request

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With reference to its observation, the Committee also wishes to raise the following points.

Articles 3(1)(a) and (2) and 5(a) of the Convention. Labour inspection, economic crisis and collaboration of inspection services with the social partners. With reference to its previous comments, the Committee notes the Government’s indication that the Bill concerning the protection of employment in times of crisis is dormant in the Economic Issues Committee of the Legislative Assembly since, to date, it has not been examined or discussed. According to the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), the abovementioned Bill does not constitute a repeal of the Labour Code in force or represent any deterioration in workers’ rights, and it has been shelved by the Legislative Assembly. The Committee requests the Government to keep the ILO informed of any developments in the process of examination and adoption of the abovementioned Bill.

As regards the National Advisory Council, the Government declares that, despite the efforts of the National Directorate for Labour Inspection, it has still not been established owing to lack of participation by the employers and workers, and it will send any relevant information once it becomes operational. The Committee hopes that the Government will soon be in a position to report that the National Advisory Council has been established and is operational.

Articles 5(a), 17 and 18. Cooperation between the labour inspection services and the judiciary. With reference to its previous comments, the Committee notes that steps have been taken with the judiciary to arrange training for labour inspectors but it has not been possible to implement this owing to the budget cuts affecting the judiciary. It also notes that the draft reform of labour law procedures, including with regard to the imposition of administrative fines by the labour inspectorate, was still before the Legislative Assembly at the end of May 2012. The Committee requests the Government to keep the Office informed of any steps taken to strengthen the cooperation between the labour inspection services and the judiciary. It also requests the Government to provide information on any progress made regarding the adoption of the abovementioned reform, and on any other measures taken to improve mechanisms to combat and penalize infringements of the labour legislation, in accordance with Articles 17 and 18 of the Convention.

Articles 13 and 14. Preventive functions of labour inspection. The Committee again requests the Government to indicate the legal provisions in force which give effect to these Articles of the Convention, according to which labour inspectors should be empowered to order measures for the elimination of defects within a specified time limit or immediately enforceable measures in the event of imminent danger to the health or safety of the workers.

The Committee notes with interest that the Plan of Action (June 2012–September 2013) for the strengthening of the labour inspectorate in the context of technical assistance from the ILO includes the establishment of a system for mapping occupational risks with a view to the planning and evaluation of labour inspections; the provision to the Ministry of Labour of up-to-date annual information on accidents and cases of occupational disease reported to occupational risk insurers; and the signing of an agreement with the Insurance Supervisory Board (SUGESE) so that, among other things, insurance funds notify industrial accidents to the Ministry of Labour and Social Security. The Committee requests the Government to supply information on the progress made on the implementation of such measures, and to take steps to ensure that industrial accidents and cases of occupational disease are also notified to the labour inspection services so that they can effectively discharge their preventive duties.

Labour inspection and child labour. The Committee requests the Government to supply statistical information in its next report on inspections performed in relation to child labour in industrial and commercial workplaces liable to inspection in each region, on the infringements reported, with an indication of the legal provisions concerned, the penalties imposed and the number of young persons affected.