Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Article 6 of the Convention. Weekly rest - General rules. Under the terms of section 150(d) of the Labour Code, commercial establishments may remain open on Sundays until midday (with certain restrictions for establishments in the central canton of San José). In its report, the Government indicates that the weekly rest day has not been established on Sunday by the legislation and that the determination of the rest day remains within the contractual freedom of the employer and the worker. The Committee understands that, in commercial establishments, the weekly rest includes Sunday afternoon. It recalls that all persons to whom the Convention applies shall be entitled to an uninterrupted weekly rest period comprising not less than 24 hours in the course of each period of seven days. The Committee requests the Government to indicate the manner in which compliance with this rule is secured in commercial establishments.

Article 7. Special schemes. The Committee notes the Government’s indication in its report that section 150 of the Labour Code provides for exceptions solely to the prohibition upon employing workers on public holidays and does not affect the rules relating to weekly rest.

The Committee also notes that section 152 of the Labour Code does not establish special schemes within the meaning of Article 7 of the Convention. It provides for the possibility of working on the weekly rest day, by agreement between the parties, in the case of work which is not arduous, unhealthy or hazardous, and which is carried out in agricultural or livestock breeding grounds, industrial undertakings which require continuity of work owing to the nature of the needs which they satisfy or for obvious public or social interest. While it is clear that the first three categories of establishments referred to above do not lie within the scope of application of the Convention, the Committee would be grateful to be provided with additional information on the subject of "activities of obvious public or social interest". It requests the Government to provide examples of such activities and to indicate whether commercial establishments or those in which office work is carried out may be covered by this provision of the Labour Code.

Article 10. Inspection. In the comments that it made previously, the Confederation of Workers Rerum Novarum (CTRN) indicated that commercial establishments tend to remain open at weekends and on public holidays. However, under the terms of section 150(d) of the Labour Code, commercial establishments have to be closed after 12 o’clock on Sunday. The CTRN also alleged that, due to fear of reprisals, workers do not denounce abuses to the labour inspection services. The Committee urges the Government to provide information on the measures adopted to guarantee the effectiveness of the labour inspection system responsible for enforcing the rules relating to weekly rest.

Penalties. Section 608 of the Labour Code provides that acts or omissions committed by employers, workers or their respective organizations which are in violation of the ILO Conventions ratified by Costa Rica and the rules set out in the Labour Code shall be penalized. Furthermore, under section 152 of the Labour Code, an employer who does not comply with the rules on weekly rest is liable to legal sanctions and shall pay the worker double wages for the day concerned. The Committee requests the Government to provide further information on the penalties imposed in practice in cases of violations of the legal provisions on weekly rest.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including, for instance, extracts from the reports of the inspection services, statistics on the number of workers covered by the Labour Code and the number and nature of contraventions of the rules on weekly rest.

Bill to amend the Labour Code. The Committee notes that the Government has formulated a Bill to make the rules on hours of work more flexible. It requests the Government to indicate whether the envisaged provisions also cover the system of the weekly rest period.