Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the Government’s report and the information supplied in reply to its previous comments. It has also noted the observations made by the Transport Workers’ Union of Costa Rica (SICOTRA), the Trade Union of Employees of the Ministry of Finance (SINDHAC) and the Confederation of Workers Rerum Novarum (CTRN) of which copies have been transmitted to the Government.

The Committee recalls that its previous comments related to section 152 of the Labour Code under which work is permitted on the weekly rest day, with the consent of the parties, provided that the work is not heavy, unhealthy or dangerous and is carried out in agricultural or stock-raising establishments, or industrial undertakings which require continuity of work due to the nature of the needs which they satisfy or for an obvious public or social interest. Section 152 further provides that a worker shall receive double pay for work performed on a rest day. The Committee requested the Government to indicate whether any provisions exist to ensure that a worker employed in an industrial undertaking will be granted a compensatory rest period, regardless of any cash compensation. In its reply the Government indicates that any individual or collective agreement, or any custom must comply with the terms of article 59 of the Constitution of Costa Rica which provides that all workers have the right to a rest day after six consecutive days of work. Referring also to section 66 of the Labour Code which provides that the employer must take into account the relevant laws, decrees, conventions and agreements in preparing the internal labour regulation, and section 67 of the Code which provides that all regulations must receive prior approval by the Ministry of Labour, the Government indicates that the model internal labour regulations for undertakings - prepared by the Directorate of Legal Affairs - provides to all workers the right to a compulsory rest day after each week or six consecutive days’ work (section 24). On this subject, it supplies extracts of collective agreements providing this right to a weekly rest day. Finally, it indicates that in cases where work is performed on a rest day, pursuant to the abovementioned section 152, the employer has full latitude to grant a compensatory rest period.

SICOTRA, SINDHAC and CTRN indicate in their respective communications that section 152 of the Labour Code is not complied with in a number of undertakings that they cite. They add that it is customary for these undertakings not to comply with labour standards in general, despite the action they have been ordered to take by the competent authorities, which therefore seems inadequate.

In view of the information supplied by the Government, the Committee requests the latter to envisage amending section 152 of the Labour Code and to provide, regardless of any cash compensation, rest periods in compensation for any suspensions or diminutions made for industrial workers. This amendment will bring national legislation into full conformity with the provisions of Article 5 of the Convention. The Committee also requests the Government to submit in future reports of the inspection services and any available statistics that could provide information on the manner in which the Convention is applied in practice, as requested in Part V of the report form.