Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. Further to its previous comment, the Committee notes the detailed information provided by the Government concerning the establishment of institutions responsible for migrant workers and the signing of an agreement between Nicaragua and Costa Rica aimed at monitoring migrant flows between the two countries. It notes, in particular, the co-development project approved in 2006, as well as the procedure established for the management of seasonal worker migration. The Committee also notes the Government’s indications that, between November 2007 and May 2008, 3,894 seasonal workers were registered, 3,663 of whom were on sugar cane, melon, palm and pineapple plantations. Finally, it notes the indication that, in June 2007, a model contract was drawn up by the Ministers of Labour of Nicaragua and Costa Rica for the engagement of seasonal workers in the agricultural sector. The Committee requests the Government to provide a copy of the model contract drawn up and to continue providing information concerning migrant workers, in particular their recruitment and working conditions.

Part IV (Minimum wage), Articles 24–25. The Committee notes the detailed information provided by the Government concerning the inspections carried out in 2007 and 2008, as well as the violations reported and the penalties imposed. It also notes the Government’s indication that 98,483 agricultural workers are covered by the legislation relating to the minimum wage, representing 16.3 per cent of the total workforce. In this regard, the Committee notes Ministerial Agreement No. JCHG-016-10-07 of 30 October 2007 issuing the Wage Regulations for Coffee Harvesting Activities for 2007–08 and, in particular, Ministerial Agreement No. JCHG-010-09-08 of 23 September 2008 which provides for an 18 per cent increase in the minimum wage in all economic branches, as well as the 13 per cent increase negotiated in May 2009, for a six‑month period, bringing the minimum wage to 1,575.15 córdobas (around US$80) per month for agricultural workers. In this regard, the Committee understands that: (i) the minimum wage currently in force has been adjusted once again; and (ii) an amendment to the Minimum Wage Act is envisaged in order to adjust wages once a year instead of every six months. The Committee requests the Government to provide further information in this regard. It also requests it to refer to the comments sent to it in 2009 under the Minimum Wage Fixing Convention, 1970 (No. 131).

Part IV (Protection of wages), Articles 26–35. The Committee notes the information provided by the Government relating to the regular payment of wages and the freedom of workers to dispose of their wages. It understands, however, that problems relating to the regular payment of wages persist in practice and requests the Government to refer to the comments sent to it in 2009 under the Protection of Wages Convention, 1949 (No. 95).

Part VII (Maternity protection), Articles 46–50. The Committee notes the information provided by the Government relating to the benefits granted to female workers covered by the provisions on maternity protection. It requests the Government to continue providing information concerning the social protection of workers and to refer to its comments made under the Maternity Protection Convention, 1919 (No. 3).

Parts IX and X (Right to organise and collective bargaining. Freedom of association), Articles 54–70. The Committee requests the Government to refer to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XII (Housing), Articles 85–88. The Committee notes Ministerial Agreement No. JCHG-017-10-07 of 30 October 2007 which provides that agricultural workers shall be provided with food or, failing that, a per diem of 18 córdobas (around US$1) per day in addition to their wages. It notes that the Government’s report contains no information on the housing of workers or on the measures taken under section 186 of the Labour Code relating to working conditions in rural areas, such as breaks, weekly rest, holidays, transport, etc. The Committee therefore requests the Government to provide further information in this regard.

Part XIII (Medical care), Articles 89–91. The Committee notes the adoption of Act No. 618 of 13 July 2007 on occupational safety and health. It notes, however, that the Government’s report contains no information concerning the establishment of adequate medical services for plantation workers, in accordance with Article 89 of the Convention. The Committee once again requests the Government to provide information in this regard, particularly in view of the high number of workers who have been exposed to pesticides for a long time and who, according to various sources, are becoming chronically ill.

Part V of the report form. Application in practice. The Committee notes the detailed information provided by the Government concerning wages, the number of workers employed on plantations and covered by social security, the number of inspections carried out on plantations in 2007 and during the first half of 2008, as well as the penalties imposed. The Committee requests the Government to continue providing up to date information on the violations reported and penalties imposed relating to hours of work, health and safety, the employment of minors, etc. It also requests the Government to continue providing general information on the application of the Convention in practice, including, for example: (i) the types of plantations that exist in the country and the number of undertakings covered by the Convention; and (ii) extracts from official reports on the social and economic conditions prevailing in the plantation sector, as well as any other information which would enable the Committee to assess whether the living and working conditions on plantations are in conformity with the provisions of the Convention.