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The Committee notes that the Government was requested by the ILO to send copies of the comments by the Central of the Movement of Costarican Workers (CMTC), the Central General de Trabajadores (CGT) and the Central Social Juanito Mora Porras, which it indicated as enclosed to its report. It notes that in September 2010, the Government communicated additional information to its report as well as other documents, but not the abovementioned organizations’ comments.

The Committee equally notes the communication by the Rerum Novarum Workers’ Confederation (CTRN) to the ILO of comments on the application of the Convention. The ILO transmitted the latter to the Government on 17 September 2010.

The Government is requested to communicate, without delay, the trade unions’ observations referred to in its report to allow their examination together with the Government’s report and the CTRN comments, as well as any comments the Government might wish to submit on the points raised in these observations.

[The Government is asked to reply in detail to the present comments in 2011.]

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With reference to its observation, the Committee requests the Government to provide further information on the following points.

Article 3, paragraph 1, of the Convention. Improvement of the quality of labour inspection activities. Noting with interest the adoption of a new Manual of Procedures for Labour Inspection, the Committee would be grateful if the Government would provide information on its impact in terms of improving the quality of labour inspection activities. The Committee also requests the Government to keep the ILO informed of the results of the implementation of the regional project “Comply and Win 3” launched in October 2008, the aim of which is to reinforce the institutional capacity of Ministries of Labour in the countries of the region so as to make their labour inspection activities more effective.

Article 11, paragraph 1(a). Conditions of work of labour inspectors. According to the Confederation of Workers Rerum Novarum (CTRN), some labour inspection offices do not even comply with the minimum requirements of occupational safety, as most of them are overcrowded and lack ventilation. The workers’ organization also deplores the lack of adequate furniture, computers, printers and other basic supplies. In this regard, the Government merely provides information on the budget requested for 2007, without indicating whether the requested funds were allocated in full to the National Directorate of the Labour Inspectorate and whether the budget is sufficient to cover the basic needs of labour inspection offices. The Committee would be grateful if the Government would indicate the priority needs of the National Directorate of the Labour Inspectorate and any measures taken or envisaged to address the alleged scarcity of resources.

Articles 11, paragraph 1(b), and 16. Transport facilities to carry out inspection visits. According to the CTRN, labour inspectors waste much of the working day travelling to and returning from workplaces that are liable to inspection because of their dependence on public transport. Moreover, the CTRN contests the information provided by the Government in 2006 that two of the five cars cquired by the Ministry of Labour were placed at the permanent disposal of the Labour Inspectorate. Referring to paragraphs 249–255 of the General Survey of 2006 on labour inspection, the Committee would be grateful if the Government would take the necessary measures to ensure that labour inspectors have access to suitable transport facilities and keep the ILO duly informed.

Labour inspection and child labour. The Committee notes with interest Regulation No. 34423-MTSS of 2 February 2008 issuing the protocol of inter-institutional coordination for the treatment of under age workers. The Committee would be grateful if the Government would provide the ILO with information on the impact of this Regulation in practice, the cases reported and the action taken to reduce the use and abuse of child labour.

Articles 5(a), 20 and 21. Cooperation required for the publication of an annual labour inspection report. The Committee notes the reference by the Government to a Programme of Institutional Coordination established in early 2007 aimed at uniting the efforts of various institutions to improve the effectiveness of their labour inspection activities: a Pilot Plan initiated in the construction sector in October 2007, and an Automated Labour Inspection and Management System (SAIL) to be launched in all 29 labour inspection offices in April 2009. The Committee would be grateful if the Government would provide more information on the above Programme and Pilot Plan. It requests it to make every effort to ensure that an annual report on labour inspection containing information on the matters listed in Article 21 of the Convention is published and communicated to the ILO in the very near future.

Article 5(b). Collaboration between labour inspection services and social partners. The Committee notes with regret that so far advisory councils have not been convened sufficiently regularly to strengthen tripartite consultancy machinery and that the draft amendment to Decree No. 28578-MTSS of 3 February 2000 on the organization of the labour inspectorate has not been enacted. However, the Committee observes that a proposal has been made to pay per diems to employers’ and workers’ representatives to facilitate their attendance at the meetings. The proposal is awaiting approval by the appropriate authorities. The Committee urges the Government to take the necessary measures to give effect to this provision of the Convention in practice and to keep the ILO informed of the progress achieved.

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The Committee notes the Government’s 2008 report, which was received too late to be examined at its previous session. It also notes the comments made by the Confederation of Workers Rerum Novarum (CTRN) and the Labour Union of the National Bank of Costa Rica (SEBANA) dated 25 May 2009, on the application of the Convention, which were forwarded by the ILO to the Government on 30 July 2009. The Committee recalls that its 2006 observation referred to previous comments made by the CTRN and the Union of Employees of the Ministry of Labour and Social Security (AFUMITRA) and that, after noting the information provided in reply by the Government, the Committee asked it to supply further information relating to certain provisions of the Convention.

Article 3, paragraphs 1(a) and 2,  of the Convention. Labour inspection in the context of the economic and financial crisis. In their comments received in May 2009, the CTRN and SEBANA refer to a Bill supported by the Government and Costa Rican entrepreneurs for the protection of employment in times of crisis, which they consider to be “irreconcilable” with the Decent Work Programme and the ILO’s 1998 Declaration on Fundamental Principles and Rights at Work. They qualify it as unilateral and unacceptable, as it was drafted without any consultation with the social partners, particularly with regard to the right of employers to reduce the wages of workers.

Furthermore, the National Directorate of the General Labour Inspectorate issued Directive No. 004-009 on 4 March 2009, the text of which was supplied by the CTRN and SEBANA, by virtue of which employers may accumulate and/or reduce working days, reduce wages or take any other measures affecting workers’ rights for a period of up to six months. The workers’ organizations consider this Directive to be in violation of the Convention, as well as of article 56 of the national Constitution and section 88 of the Framework Act of the Ministry of Labour and Social Security. They add that Directive No. 004-009 violates not only the fundamental principles, guarantees and rights of workers established in the Constitution, such as the right to work and dignity, the right to a minimum wage and the protection of wages, but also the inalienable rights of workers set out in law, as well as Article 2 of the Convention, under which the system of labour inspection in industrial workplaces shall apply to all workplaces in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors. In the view of the CTRN and SEBANA, the Directive implies that the labour inspectorate is relinquishing the powers conferred upon it by the Constitution as a public authority. The Committee notes that, under the terms of section 4 of the Directive, where an application is received from an employer to obtain authorization to accumulate or reduce a working day, modify the wages of workers or take other measures deemed necessary to minimize the effects of the crisis, a labour inspector shall be designated to ascertain whether the request is supported by all the workers, examine the documentation and other matters relating to the financial situation of the enterprise and any other element that may serve to ascertain the facts. The labour inspector then has to submit a report to the regional chief, who transmits it to the National Directorate of the Labour Inspectorate, so that a decision can be taken in accordance with the law and the directives issued for that purpose by the Higher Administration of the Ministry.

The Committee notes with concern that the provisions of Directive
No. 004-009 are contrary to the objectives of the Convention, which are to ensure the enforcement of the legislation relating to the conditions of work and the protection of workers while engaged in their work. The measures allowed by the Directive appear to be part of a strategy intended to help diminish the risk of unemployment in the context of the current global financial crisis. However, the Committee observes that these measures do not appear to have been negotiated with the social partners, and particularly with the representative organizations of workers, even though the workers are the ones whose rights are the most directly and immediately threatened. It also notes that one of the criteria to be taken into account in the treatment of the request submitted by employers in the context of Directive No. 004-009, namely whether or not the measures requested are supported by all workers, is not clear as to its impact on the decision to be taken.

Noting that the Government has not replied to the allegations made in May 2009 by the CTRN and SEBANA, the Committee urges the Government to keep the ILO informed of the procedure relating to the draft Bill for the protection of employment in times of crisis which is criticized by the CTRN and SEBANA, to indicate in particular whether employers’ and workers’ organizations were consulted in the process of its formulation, and to clarify how the implementation of the respective provisions is intended to help attain the outcome expected by the Government and the employers. Referring to its previous observation under Article 5, in which it noted the allegations of the CTRN and AFUMITRA concerning the lack of interest of the public authorities in collaboration with the social partners, the Committee would be grateful if the Government would also indicate whether the National Advisory Council was called upon to examine the measures to reduce the effects of the global financial crisis. If so, it requests the Government to indicate the views expressed by the members of the National Advisory Council.

Article 10. Criteria for the determination of the number of labour inspectors. With regard to the size of the inspection staff, according to the communication of the CTRN of 12 September 2008, the number of inspectors continued to fall, reaching 90 in 2008 compared to 105 in 1997, which the CTRN considers to be insufficient in light of their very broad and diverse workload. Moreover, the CTRN indicates that 75 per cent of labour inspectors spend 40 per cent of their time providing conciliation services, which constitutes a significant obstacle to them discharging their primary duty of inspection. According to the union, as the staff responsible for providing conciliation, consultancy and administrative services is not sufficient, labour inspectors also have to provide these services. However, the Government indicates that 29 new positions have been created with effect from the beginning of 2009 and that 32 new positions are expected to be created later in 2009 in order to increase the number of labour inspectors. The Committee would be grateful if the Government would indicate the total number and geographical distribution of labour inspectors following the adoption of the above measures. It also asks it to take the necessary measures to ensure that labour inspectors spend most of their working time discharging their primary functions, as set out in Article 3, paragraph 1, of the Convention.

Article 12, paragraph 1(a). Right of free access by inspectors in workplaces liable to inspection. Noting that the Government has not replied to its previous request under this provision of the Convention, the Committee asks it once again to provide information on the manner in which the technical inspection is carried out of plant and machinery that is idle in workplaces operating during the day and on the manner in which inspectors check whether any night work is being performed unlawfully.

Article 12, paragraph 2. Notification of presence on the occasion of an inspection visit. Efficiency of the control. According to the Government, the adoption of specific measures is not yet envisaged to empower labour inspectors not to notify the employer or his or her representative of their presence on the occasion of an inspection visit where such notification may be prejudicial to the performance of their duties. The Committee asks the Government once again to consider this issue seriously, to take all the necessary measures in the very near future to grant labour inspectors this right and to keep the ILO duly informed.

Article 16. Measures aimed at increasing the number of inspection visits. The CTRN indicates that, because of the excessive number of tasks assigned to labour inspectors, they are not able to inspect workplaces as regularly and thoroughly as is necessary in accordance with the Convention. According to the CTRN, by September 2008, the average annual coverage of workplaces was not much higher than in 2003, when it was around 55 per cent of the total. The CTRN adds that labour inspectors spend a significant amount of time on the administrative aspects of grievance procedures. The Government indicates that the adoption of the Plan of Transformation and of Regulation No. 28578-MTSS has resulted in a better organization of the respective procedures and the acceleration of their investigation, thereby allowing inspectors more time to discharge their primary duties. The Committee would be grateful if the Government would inform the ILO of the measures taken to ensure that workplaces are inspected as regularly and thoroughly as required under the Convention.

Articles 5(a), 20 and 21. Measures aimed at promoting effective cooperation between labour inspection services and the justice system. According to the Government, the National Directorate of the Labour Inspectorate holds regular meetings with the judicial authorities and the discussions have focused on various themes, including labour infringements. The Government also expressed its readiness to strengthen links between the judicial and administrative authorities. The Committee would be grateful if the Government would provide the ILO with more detailed information on the content and results of the above meetings and discussions, their impact on labour inspection activities and any subsequent efforts made to strengthen dialogue between the administrative and judicial authorities. Moreover, the Committee requests the Government to provide the ILO with detailed information on the impact of the measures taken to accelerate the treatment of the complaints lodged by workers and labour inspectors and to ensure the right of workers to prompt justice, and on any further measures that are expected to be taken.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee refers the Government to its observation, and asks it to send information on the following matters.

Article 3, paragraph 1(c), of the Convention. The inspectorate’s contribution to improving legislation. The Committee would be grateful if the Government would describe how labour inspectors contribute in practice to improving labour legislation, giving specific examples and sending copies of any relevant text (instructions, extracts of reports, etc.).

Article 5(b). Collaboration between officials of the labour inspectorate and the social partners. With reference to its previous comments, the Committee notes that neither the National Technical Advisory Council for labour inspection nor the regional technical advisory councils are yet in operation despite recommendations made following the evaluation of the Labour Inspection Transformation Plan to strengthen the tripartite consultation machinery. The Committee also notes that the draft amendment to Decree No. 28578-MTSS of 3 February 2000 issuing the regulations to organize the labour inspectorate has still not been enacted, and requests the Government to provide information on developments in the relevant legislation and on measures taken or envisaged to strengthen tripartism with a view to improving the system of labour inspection.

Articles 5(a) and 12, paragraph 1(a)(iv). With reference to its previous comments, the Committee notes that, according to the Government, although the law makes no provision for authorizing labour inspectors to take or remove for purposes of analysis samples of materials and substances used or handled, these prerogatives are exercised by technical experts of the Occupational Health Council of the Ministry of Labour and Social Security, with which the National Labour Inspection Directorate engages in the necessary cooperation for these purposes. The Committee would be grateful if the Government would state whether such cooperation is ensured at regional and local levels.

Article 12, paragraph 2. Notification of the inspectors’ presence at the workplace. With reference to its previous comments, the Committee notes that, according to the Government, a factual and legal analysis of the abovementioned matter has been sought from the National Inspection Directorate. The Committee hopes that the Government will not fail to take steps to ensure that labour inspectors are authorized by law not to notify their presence to employers or their representatives when they visit workplaces where such notification may be prejudicial to the performance of their duties. Please provide copies of any relevant texts.

Articles 5(a) and 14. Cooperation between the inspection services and other competent government services for the purpose of exchanging information on industrial accidents and cases of occupational disease. Further to its previous comments, the Committee again requests the Government to indicate specifically the legislative, regulatory or administrative provisions that are the basis for the procedure whereby inspectors are informed by the National Insurance Institute of the industrial accidents and cases of occupational disease notified to it.

Labour inspection and child labour. The Committee notes that, according to the Government, efforts are still being made to ensure the compiling of data on child labour. It notes with interest that in the context of international cooperation, a computerized information system is being developed for this purpose and should be operational in the near future. The Committee notes the tables showing the minors engaging in economic activity who were taken in by the labour inspection services in 2005, their distribution by branch of economic activity, and the infringements of the relative legislation, and requests the Government to send, as soon as they are available, statistics on the inspectorate’s activities that concern child labour in the branches covered by the Convention, and their results.

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The Committee notes the Government’s report for the period ending on 31 May 2006 replying to its previous comments. It also notes the documents appended thereto. It notes the observations of the Rerum Novarum Workers’ Confederation (CTRN) and the Union of Employees of the Ministry of Labour and Social Security (AFUMITRA) and their enclosures, received at the Office on 18 January 2005 and forwarded to the Government on 2 March 2005. The Committee takes note of the Government’s reply to these comments and the supporting documentation, received on 19 July 2005.

The Committee observes that some of the matters raised by the above organizations were addressed in the Committee’s previous observation.

1. Articles 3, 10 and 16 of the Convention. Human resources and the labour inspectorate’s duties; extent to which inspection requirements are covered. According to the CTRN and AFUMITRA, there has been a slow deterioration in the services performed by the labour inspectorate owing to a lack of necessary resources. To make matters worse, the workload is increasing and there is a danger of the inspection service becoming paralysed as its duties are extended and diversified.

According to the above organizations, resources are too scarce to allow adequate and appropriate coverage: between 2001 and 2003, the inspectorate covered only 5.5 per cent of employers liable to inspection. Furthermore, coverage is shrinking further not only because there are more workplaces subject to inspection and more workers to be protected, but also because 75 per cent of the inspectors working in 29 of the provincial and cantonal offices spend 40 per cent of their working time on conciliation. The delegation of certain administrative duties to the regional offices and the broadening and diversification of inspectors’ skills to match the requirements of national and international law means that their responsibilities have been considerably increased without any increase in administrative staff or financial resources.

According to the above organizations, the number of inspectors fell from 105 in 1997 to 94 in 2004, and inspections from 13,000 for the period from 2000 to 2001 to less than 12,000 for the period from 2002 to 2003.

According to the Government, there are three categories of inspectors responsible for conciliation duties for the whole country except the central area, which has separate arrangements. The Government indicates that inspectors have received appropriate training in this and other fields, and sends a summary table of inspectors’ training in 2004.

With regard to the increase in inspectors’ duties, the Government states that it was needed for technical reasons and to improve the inspectorate’s efficiency. As to the shortage of support staff, this is due to budgetary and economic restraints; other administrative departments are affected in the same way, but new posts will ultimately be created.

With regard to the strength of the inspectorate, the Government indicates that numbers have fallen owing to retirement, change of duties and transfers. However, to remedy the situation the General Labour Inspectorate intends to look into the possibility of having certain posts re-established.

2. Article 11. Logistic and material resources for the labour inspectorate. According to the CTRN and AFUMITRA, the means of transport available to inspectors are insufficient, and inspectors spend much of their working day travelling and have to depend on public transport. Furthermore, many of the inspectorate offices lack the minimum amenities for use; some even lack decent sanitation, and one had to be closed temporarily at the request of the Ministry of Health. Office equipment, such as computers and printers, is inadequate and often in poor condition, and the shortage affects even petty supplies (including ink).

According to the Government, of all administrative departments, the labour inspectorate is best equipped in terms of vehicles. Of the five acquired in 2004 by the Ministry, two were assigned permanently to the National Inspection Directorate. Furthermore, vehicles are available for use by inspectors on request, and are regularly made available to the regional offices. The budgetary assignment for travel underwent a substantial increase in 2005. As to the inspectorate’s premises, the Government indicates that steps have been taken to rent offices in Guácimo, San Carlos and Alajuela; and the administration has supplied the regional inspection offices with computer equipment and office supplies, in so far as the budget has allowed.

3. Article 6. Conditions of service of labour inspectors. According to the CTRN and AFUMITRA, some measures taken by the administration have affected inspectors’ motivation. The organizations cite: (a) untimely transfers, which stopped only after many complaints had been filed; (b) the elimination of the travel bonus; and (c) the elimination of a former accommodation bonus.

The Government replies that transfers are healthy and are implemented by the inspectorate with the agreement of the Ministry. Some were accepted, and others were refused. The Constitutional Court found nothing unlawful in transfers carried out to improve public service provided they caused no serious injury to inspectors.

The Government asserts that the bonuses were eliminated by a decision taken after an inquiry into criteria for the grant of bonuses which revealed that false addresses had been used. In each case, the fundamental rights of public employees laid down in the Constitution and the law were respected.

4. Article 12. Hours of inspection visits. According to the CTRN and AFUMITRA, the working day of labour inspectors is confined to the hours between 8 a.m. and 4 p.m. because the Ministry’s service regulations were misconstrued; this prevents inspections in workplaces that operate at night. According to the Government, article 30 of the Internal Regulations of the Ministry of Labour and Social Security nevertheless allows for the working hours of inspectors to be changed on a provisional basis when special circumstances so require and provided that this creates no inconvenience for the inspector. With reference to its previous comments, the Committee notes the Government’s information, and would be grateful if it would indicate how it provides for technical inspection of plant and machinery that is idle in workplaces that operate during the day, and for inspectors to check whether any night work is being performed unlawfully.

5. Article 5. Cooperation with the social partners. According to the CTRN and AFUMITRA, the Ministry’s senior management staff have no interest in the modernization of labour administration. There is delay in making the National Advisory Council operational, and the regional advisory councils have not even been established, since an amendment to the Council regulations has been suspended. According to the Government, steps have been taken to convene the members of the National Advisory Council and the abovementioned regulations ought soon to be referred for approval. The Committee notes that according to an evaluation of the Labour Inspectorate Transformation Plan 2000-05, sent by the Government, there is deadlock in a number of strategic issues such as the transfer of resources, the creation of a computerized information exchange network, participation by the social partners, reinforcement of the inspectorate’s preventive and instructional duties, and the determination of priorities for inspectors. The abovementioned evaluation accordingly recommends giving each regional office a legal adviser, regionalizing the labour inspection budget, providing regional offices with computer equipment and means of transport, creating a computer network for exchanging information between the various bodies of the inspectorate and the Ministry’s other departments, making the national and regional advisory councils operational, reinforcing the inspectorate’s preventive and instructional duties and setting criteria for the planning of inspection activities. The Government also states that efforts to strengthen the inspectorate are under way with support from the ILO as well as in the context of regional cooperation under the auspices of the Inter-American Development Bank (IDB), in coordination with the ILO, with a view to rational use of resources. The Committee requests the Government to continue to provide information on all developments and any progress in establishing an efficient inspection system, together with any relevant documents.

6. Articles 20 and 21. Publication and communication of an annual inspection report. The Committee takes note of the reports on the general activities and the specific activities of the labour inspection service. It notes with interest that, as part of a bilateral technical and financial cooperation programme with Canada, launched in 2003, the National Inspection Directorate has been equipped with an automated labour inspection and management system (SAIL). By means of this system, it should be possible to set up an electronic register of inspections and of special cases so that each case can be followed up appropriately, particularly where legal bodies are involved. It should also enable the monthly reporting by provincial and regional offices to be centralized and facilitate the work of labour inspectors in establishing reports, updating information, etc. The Committee hopes that an annual report containing information on each of the items listed at Article 21 will shortly be published and communicated to the ILO in accordance with Article 20.

The Committee is addressing a direct request on other matters to the Government.

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With reference to its observation, the Committee requests the Government to provide additional information on the following points.

With reference to its previous comments, the Committee notes that Directive No. 1167 of 3 January 2001, issuing the "Manual of procedures for labour inspection" has been entirely modified by Directive No. 8 of 13 January 2004 published in the Official Journal with a view to strengthening the functions of the labour inspectorate and making available to the inspection services more effective and rapid methods and forms of organization. The Committee notes that the plan for the transformation of the labour inspectorate established as of 2000 and its implementation programme for 2004 are aimed at: the regionalization of the competences of the labour inspectorate and the decentralization of human, financial and technical resources; the involvement of the social partners; the modernization of working methods; and the reinforcement of the preventive and educational role of the inspectorate. The Committee requests the Government to continue providing detailed information on the activities carried out in the context of this plan and on their impact on the operation of the labour inspection system.

Article 3, paragraph 1(c), of the Convention. The Committee once again requests the Government to take the necessary measures to supplement the legislation so that labour inspectors are made responsible, in addition to the functions of control, advice and technical information, for contributing to the improvement of the legislation by bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Article 5. With reference to its previous comments, the Committee notes with interest the establishment in 2003 of the National Technical Advisory Council on Labour Inspection and the regional technical advisory councils. Also noting a draft amendment to Decree No. 28578-MTSS of 3 February 2000, issuing regulations on the organization and services of the labour inspectorate, the Committee requests the Government to provide a copy of any relevant final text, as well as information on the issues covered by these councils and the effect given to their opinions.

Article 12, paragraph 1(a) and (b). With reference to its previous comments, the Committee notes the absence of the information requested previously on measures to harmonize the national legislation concerning the right of inspectors to enter freely industrial and commercial workplaces, while ensuring their conformity with the provisions of the Convention. The Government is therefore requested to take measures for this purpose and to keep the ILO duly informed.

Article 12, paragraph 1(c)(i) and (ii). The Committee notes with interest that under sections 1.2.2.5 and 1.2.3.3 of Chapter 3 of the new "Manual of procedures for labour inspection", inspectors are henceforth authorized to interview employees and workers individually and confidentially during inspections and their follow-up and, under the terms of sections 1.2.2.4 and 1.2.3.4, to examine any document necessary for the identification of violations of the legal provisions and to obtain a copy thereof.

Article 12, paragraph 1(c)(iii) and (iv). With reference to its previous comments, the Committee also recalls that inspectors should be entitled to enforce the posting at the workplace of notices required by legal provisions and to take or remove for purposes of analysis samples of materials and substances, as envisaged by these provisions.

Article 12, paragraph 2. The Committee notes that, under the terms of section 1.2.2.3 of the new "Manual of procedures for labour inspection", it is envisaged that inspections begin with an interview with the employer or her or his representative. The Committee reminds the Government of the need to set out in the legislation the right of labour inspectors to refrain from informing the employer or her and his representative of their presence where they consider that such notification may be prejudicial to the effectiveness of the inspections.

Article 14. According to the Government, the National Insurance Institute (INS) provides statistics of industrial accidents on an annual basis to the National Directorate of Labour Inspection (DNI). The INS and the DNI are reported to remain in constant communication with a view to carrying out inspections in workplaces where violations have been identified so that labour inspectors can carry out the relevant investigations. The Government is requested to indicate the laws, regulations or administrative provisions which provide a basis for this notification procedure and the powers of investigation of labour inspectors.

Inspection of child labour. While noting the tables on the administrative treatment of cases of young workers by the labour inspection services, and the volume of advice provided to these workers in 2003, the Committee would be grateful if the Government would ensure that information and statistics on inspection activities in the context of measures to combat child labour, and their results, are communicated regularly to the ILO.

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The Committee notes the information provided in reply to its previous comments and the attached documentation. It draws the Government’s attention to the following points.

1. Adapting resources to the needs of the labour inspectorate and the impact of additional duties on the effectiveness of inspection activities. The Committee notes the information that the Government has been constrained, due to the economic situation in the country, to implement an austerity programme for public expenditure leading to budgetary restrictions which have affected state services as a whole. The Committee however notes with interest the Government’s commitment, despite the difficulties referred to above, to make all the necessary effort to reinforce the human resources of the National Labour Inspection Directorate for the effective discharge of its duties. It also notes that the annual activities planned have been undertaken. The Committee joins with the Government in hoping that decisions of a budgetary nature will be taken with a view to providing the inspection system with the resources required to meet its needs in terms of personnel, equipment and logistics. It also wishes to emphasize that the effective discharge of functions that are as numerous and complex as those deriving from its principal functions, set out in Article 3, paragraph 1, of the Convention, is only possible where inspectors are not also called upon to undertake other duties such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers (Article 3, paragraph 2). With reference to its previous comments, the Committee therefore requests the Government to keep the ILO informed of any developments in this respect and of any decision of a budgetary nature adopted with the purpose of giving effect to each of the relevant provisions of the Convention (Articles 7, 9, 10, 11 and 16), and of any progress achieved.

Conditions of service of labour inspectors. The Committee notes the agreement concluded between the Administrative Director-General of the Ministry of Labour, the National Director of the Labour Inspectorate and the President of the National Association of Labour Inspectors (ANIT) relating to the transfer of labour inspectors. According to this agreement, the National Director of the Labour Inspectorate will be empowered by decree to establish, under certain conditions, a system of the six-monthly rotation of labour inspectors by sector of activity and within the same administrative area. Furthermore, the transfers denounced by ANIT may be either maintained or revoked based on the results of the consultations held with the inspectors concerned. The Committee requests the Government to indicate the reasons for the envisaged regulations, any provisions adopted and the conclusions reached by the consultations.

Publication and communication of an annual inspection report (Articles 20 and 21). The Committee notes with regret that, since the ratification of the Convention in 1960, no inspection report as provided for by these provisions of the Convention has been communicated to the ILO. With reference to paragraphs 272 and 273 of its General Survey of 1985 on labour inspection, the Committee recalls that these reports constitute valuable sources of information from two points of view. From the national point of view, they are essential for an assessment of the practical results of the activities of labour inspectorates. Moreover, these reports give the national authorities significant data for the application of labour legislation and may also reveal gaps in the legislation which may be instructive for the future. The publication of annual inspection reports should also provide information to employers and workers and their organizations and illicit their reactions in a constructive spirit. From an international point of view, the communication of such reports to the ILO, within the time-limits set out in Article 20, is intended to enable the ILO’s supervisory bodies to follow developments in the application of the Convention and provide useful guidance on the efforts made by member States to raise progressively the level of the achievement of the social objectives pursued by the instrument. Annual reports also make it possible for the Committee to assess the extent to which the international labour Conventions ratified by the various countries are applied. The Committee therefore trusts that the Government will take the necessary measures for the purposes referred to above and that it will provide information in its next report on the progress achieved with a view to the publication and communication to the Office of such reports, the form and content of which are set out in the above Articles of the Convention.

The Committee is addressing a request directly to the Government on other matters.

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With reference also to its observation, the Committee draws the Government’s attention to the following points.

Basis in law for the exercise of the job of labour inspector. The Committee notes that Decree No. 28578 of 2000 to organize the labour inspection services repealed the provisions on labour inspection contained in the 1971 Regulation on the reorganization of the Ministry of Labour and Social Security. A number of provisions concerning the functions of the labour inspectorate and the powers and obligations of labour inspectors, which gave effect to the Convention, have thus been eliminated and have been replaced by sections 9(g) and 24(m) of the new text providing in very general terms that the labour inspectorate and labour inspectors are responsible for the functions defined by ILO Conventions Nos. 81 and 129. In the Committee’s view, these provisions are not sufficient to give the labour inspectors the necessary legal framework within which to exercise the powers and obligations conferred on them. The Committee would be grateful if the Government would provide information on how it envisages supplementing the legislation so as to give effect to Article 3, paragraph 1(c), of the Convention, which provides that the labour inspection system shall be responsible for bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, and to Article 12, paragraph 1(c)(i), (ii), (iii) and (iv), on the power of labour inspectors to conduct inquiries.

Article 5. The Government is asked to provide information on how the system of inter-institutional and tripartite coordination in labour inspection matters established at the national and regional levels operates in practice, in accordance with the relevant recommendations of the MATAC/ILO programme.

Article 12, paragraph 1(a) and (b). Noting that, by virtue of section 24(i) of Decree No. 28578 of 3 February 2000, labour inspectors are authorized to enter premises by day or night while the right to enter freely the workplaces liable to inspection is restricted by section 89 of the Organic Act of the Ministry of Labour and Social Security to workplaces in which night work is carried out, the Committee trusts that the necessary measures will be adopted to harmonize the legislation in order to ensure that labour inspectors are authorized to enter by night any premises liable to inspection regardless of the work schedule in these workplaces.

Recalling moreover that labour inspectors shall be authorized to enter by day any premises which they may have reasonable cause to believe to be liable to inspection, the Committee requests the Government to take measures to incorporate a provision to this effect in the legislation.

Article 14. The Committee once again requests the Government to indicate whether measures have been taken or are envisaged to give effect to the provisions of this Article, under which labour inspectors must be notified of employment accidents and cases of occupational disease in such cases and in such manner as may be prescribed by national laws or regulations. Please also provide any relevant texts or documents.

Articles 20 and 21. The Committee notes the tables and information relating to Article 21(a), (b), (d), (e) and (f) of the Convention for the period 1996-2000. It notes, however, that no annual inspection report as envisaged under these Articles of the Convention was sent to the ILO. With reference to its previous comments on this matter, the Committee trusts that measures will soon be taken by the central labour authority to ensure the enforcement of this obligation, if necessary with the technical assistance of the ILO.

Inspection and child labour. The Committee once again requests the Government to provide specific and detailed information on the results of the labour inspection activities carried out in the context of Directive No. 1 of March 2001 of the Ministry of Labour and Social Security, in collaboration with the Office for the Detection and Elimination of Child Labour (OATI) and other institutions responsible for the protection of child workers and the elimination of child labour.

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The Committee notes the Government’s report, the information replying in part to its previous comments and the documentation attached to the report. It also notes the comments made by the National Association of Labour Inspectors (ANIT) on the application of the Convention sent to the Office on 21 February 2003 and the information provided by the Government on the points raised.

According to ANIT, the right of inspectors, employers, workers and their organizations to have the Convention applied in good faith has not been respected. ANIT alleges that the human, material and logistic resources at the disposal of the inspection services and its users are insufficient and that labour inspectors are subjected to constant harassment by the Government, which seriously undermines their authority and credibility vis-à-vis the social partners and public opinion in general. The organization also objects to the lack of an inspection policy and of opportunities for negotiation as recommended by the MATAC/ILO programme (Modernization of Labour Administration in Central America).

1. Lack of human resources. According to ANIT, the labour inspectors have an excessive workload because of the many tasks assigned to them over and above their inspection duties. Furthermore, conciliation, which is incompatible with the principles of authority and impartiality underlying the relationship between inspectors and the social partners, is a duty for which the law gives competence to another body. Due to the lack of office staff, the inspectors have to spend approximately 20 per cent of their working hours serving notifications. In response, the Government states that conciliation duties are assigned to inspectors only in very specific cases, which are set forth in sections 43, 46 and 99 of the Organic Act of the Ministry of Labour and Social Security. In view of the training they have received, labour inspectors should therefore have no difficulty organizing their work schedules to accommodate the various functions. The Committee notes that, under the terms of these provisions, the labour inspectors’ participation on behalf of workers in conciliation procedures is envisaged in all cases where distance prevents the workers concerned from going in person to the Office for occupational matters and administrative conciliation procedures (currently called the Department of Labour Relations). As one office serves the entire country, it would appear obvious that only workers living or working in its vicinity are able to go there, to the exclusion of workers everywhere else in the country. The Committee would therefore be grateful if the Government would reconsider the issue raised by ANIT in the light of paragraph 2 of Article 3 of the Convention which provides that "any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers", and would provide information on any measures adopted to this end.

2. Lack of material means. According to ANIT, the offices of the inspection services lack the minimum they need in order to operate. The portion of the budget allocated to transport costs has even been reduced and bureaucratic obstacles have hindered the payment of the per diems to cover inspectors’ duty travel. Furthermore, the offices have no officially allotted vehicles and inspectors are not reimbursed for expenses incurred in the course of their duties. In response the Government states that the resources necessary for the operation of the labour inspection services have been provided, in so far as is really feasible under the budget, to all regional offices and ANIT’s allegations concerning the allocation of funds for travel expenses and the reimbursement to inspectors of service-incurred expenses are unfounded. According to the Government, eight vehicles and 12 motorcycles are shared by the regional offices, which also have one computer and printer each, and efforts are constantly made gradually to satisfy labour inspection needs. The Government again refers in this connection to Act No. 3462 of 26 November 1964 and resolution No. 4-DI-AA-2001 of 10 May 2001 respecting the reimbursement of expenses and allocation of funds to cover the travel expenses of public servants. An internal communication of the Ministry of Labour, further to a complaint by the labour inspectors, nevertheless asserts that there is no budget for the acquisition of the equipment needed by the inspection services and that specific demands are met as they arise. The Committee cannot overemphasize the importance of determining, as part of the preparation of the annual national budget, the resources necessary for the effective discharge of the various duties assigned to the labour inspectorate, and would be grateful if the Government would provide information on the application in practice of the provisions of the texts to which it refers and would adopt measures to ensure that adequate financial, material and logistical means are made available to the labour inspectors.

3. Conditions of service of labour inspectors. According to ANIT, the recent wave of transfers of labour inspectors under the project for the general transfer of inspection personnel decided on by the Government has led to chaos and confusion with negative repercussions for the effectiveness of the service. Moreover, by requiring inspectors and their families repeatedly to uproot, the transfers have impaired their economic, moral and psychological rights. ANIT considers that the reasons the Administration disseminated through the media to justify the transfers (corruption, lack of efficiency) are insulting not only to the inspectors but to the institution itself and are intended to cast suspicion on the inspectors. ANIT also asserts that the inspectors who appealed against the transfers were threatened with dismissal. The Government replies that rotation of inspectors is a sound measure and necessary to internal supervision considering the potential for corruption inherent in the job of labour inspector. It asserts that the allegation that families’ rights are impaired is unfounded since most of the transfers took place within one and the same district. It also indicates that the labour inspectors are covered by the public service regime which guarantees the stability of employment of state workers and that the grounds for dismissal are explicitly defined by law: the Government did no more than remind public servants of their duty of obedience. As to the statements made to the media, the Government asserts that they made no reference to individual cases of corruption as these cases are dealt with and punished in the context of objective and impartial inquiries.

4. The Committee considers that, in order to be able to establish their authority and carry out their duties with full impartiality, inspectors must first and foremost be shown consideration by the public authorities. It would therefore be grateful if the Government would review the issue raised by ANIT and provide information on any measures adopted or envisaged to strengthen the position of labour inspectors vis-à-vis the social partners and public opinion with a view to improving the effectiveness of their services.

Furthermore, noting that, according to the Government, the recommendations made by the general audit and the general sub-audit of the Ministry of Labour and Social Security on the transfer of personnel in regional and district offices of the National Directorate and General Labour Inspectorate amount to obligations, the Committee requests the Government to provide information on the frequency of transfers and the number of inspectors concerned, and on the measures adopted to ensure that they do not jeopardize the stability of employment that labour inspectors are entitled to, in accordance with Article 6 of the Convention.

The Committee is addressing a request on other points directly to the Government.

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With reference to its observation, and noting that the Government has not provided a report on the application of the Convention and has not replied to its previous comments, the Committee hopes that the Government will not fail to comply with its obligations and recalls its previous request which read as follows:

The Committee notes the Government’s report for the period ending May 1999. It notes the information provided in reply to its previous comments, particularly on the measures taken to improve the effectiveness of labour inspection, such as courses on labour law, administrative law, work by children and young persons, as well as the training agreement for labour inspectors concluded with the Latin American University of Science and Technology and the Inter-American University. The Committee notes that, in the context of the MATAC-ILO project, draft regulations are being prepared to provide better protection for workers’ rights by making the staff of the labour inspection services more pluri-disciplinary and professional. The Committee also notes, in reply to its previous observation concerning the contradictions between the estimates made by the Inter-Confederal Committee of Costa Rica (CICC) on the staff of the inspection services and the needs and figures provided by the Government, that information on an increase in the number of inspectors could soon be provided, and it requests the Government to indicate whether measures have been taken in this respect, particularly within the framework of the MATAC-ILO project and, where appropriate, to provide information on their implementation. It also requests the Government to provide detailed information on the current numbers and geographical distribution of the staff of the labour inspection services and on the plans to increase this staff with a view to improving observance of workers’ rights in the fields covered by the Convention.

The Committee notes the statement that the Government is continually endeavouring to develop the financial resources of the Ministry of Labour and it requests it to provide information on the measures taken, within the framework of the programme for the modernization of the labour administration, to give effect to the provisions of Article 11 of the Convention in relation to offices and transport facilities (paragraph 1(a) and (b)) and the reimbursement to inspectors of any travelling and incidental expenses which may be necessary for the performance of their duties (paragraph 2).

With reference to its direct request under Convention No. 129 concerning annual inspection reports, the Committee requests the Government to take the necessary measures as soon as possible to ensure that the central inspection authority, in accordance with Article 20, publishes and transmits to the ILO within the required time limits an annual report containing information on the subjects enumerated in Article 21(a) to (g).

The Committee also draws the Government’s attention to the following points.

Principal duties of the labour inspectorate. With reference to the provisions of Decree No. 28578 of 3 February 2000, and noting that the function of bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions (Article 3, paragraph 1(c), of the Convention) is not included among the duties entrusted to inspectors, the Committee wishes to recall that this is one of the three principal duties prescribed by the instruments. It emphasized that this is a vital factor in social progress in paragraph 79 of its 1985 General Survey on labour inspection and explained that, if it is properly understood and carried out, it should promote the introduction of new protective measures. Noting that, as a result of their direct knowledge of the working environment, labour inspectors are ideally situated to alert the authorities to the need for new regulations that are better suited to the needs of workers, the Committee suggested that the normal channel for informing the competent authorities of the shortcomings of existing legal provisions is the periodical reports that the labour inspectors submit to their superiors, or through specific reports. The Committee hopes that the Government will not fail to take the necessary measures as soon as possible to bring the legislation into conformity with the Convention on this important point and that it will keep the ILO informed promptly.

Under the terms of sections 9 and 24 of the above Decree, in addition to the duties set out in Conventions Nos. 81 and 129, labour inspectors are also entrusted with those deriving from the Organic Act of the Ministry of Labour and Social Security, and from other provisions, as well as the resolution of labour difficulties and disputes where they do not lie within the competence of the directorate of labour affairs. The Committee draws the Government’s attention to Article 3, paragraph 2, under the terms of which "any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers". It therefore requests the Government to indicate precisely all the duties entrusted to inspectors by the Organic Act of the Ministry of Labour, as well as under the other legal provisions mentioned above, and to provide information on the manner in which it is ensured that these duties do not interfere with those set out in Article 3, paragraph 1(a) to (c), and do not prejudice the principles of the authority and impartiality of inspectors.

Powers of inspectors to enter freely at any hour of the day or night any workplace liable to inspection. The Committee notes that, under the terms of section 89 of the Organic Act of the Ministry of Labour and Social Security, labour inspectors are authorized to enter workplaces at any hour of the day, as well as during working periods at night. The Committee wishes to emphasize that night inspections may be carried out not only to supervise the application of the relevant legal provisions while work is under way, but also to control the state of installations, equipment and machinery, which cannot be carried out during the course of work, as well as to ensure observance of working time and hours and conditions of employment. In accordance with Article 12, paragraph 1(a), labour inspectors must be legally authorized to enter at any hour of the day or night any workplace liable to inspection, even outside the hours or work of the above workplaces.

Notification of industrial accidents and cases of occupational disease (Article 14). The Committee requests the Government to provide information on the cases and manner in which the National Insurance Institute is obliged to notify labour inspectors of industrial accidents and cases of occupational disease.

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The Committee notes that the Government’s report has not been received.

The Committee notes the observations made by the Trade Union Association of Public Employees in the Customs Sector (ASEPA). It notes the Government’s explanations given in reply and the copies of the legislation recently adopted in the areas covered by the Convention: Decrees Nos. 28578 and 29477 of 20 and 23 February 2001 on the organization of the labour inspection services; Decree No. 29361 of 20 February 2001 on the composition of national and regional advisory councils; Decree No. 29530 of 18 April 2001 concerning the award of compensation to labour inspectors and Directive No. 1-67 of 3 July 2001 issuing the handbook of labour inspection procedures.

1. Prosecution for breaches of labour law. The ASEPA objected strongly to the slowness of administrative and judicial procedures to prosecute offences against labour legislation, on the grounds that the perpetrators often go unpunished because 29.5 per cent of the cases are time-barred. According to the Government, this assertion is unfounded at least as concerns complaints of trade union persecutions since 1998 and, by analogy, other complaints. The Committee would be grateful if the Government would transmit statistical information on the complaints filed with the competent courts, the number of complaints heard and the sanctions imposed since 1998.

2. Labour inspection and child labour. The Committee noteswith interest that, under Directive No. 1 of 13 March 2001 issued by the Minister of Labour and Social Security, in every regional inspection office an inspector will be responsible for the problem of child labour in cooperation with the committees for children and young people, the relevant committee in each community and other bodies whose mission is the elimination of child labour and the protection of young people’s working conditions in the context of the policies promoted by the Government. The Committee notes that, under the above Directive, the labour inspectorate is to establish the programme of activities in cooperation with the Office for the Supervision and Elimination of Child Labour and Protection of Young Persons at Work, responsible for supervision and technical assistance. The Government is asked to supply detailed information on the measures taken in the context of the above Directive and the results obtained in the light of the objectives sought.

The Committee is again addressing a request directly to the Government seeking information on points raised in its previous comment.

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The Committee notes the Government’s report for the period ending May 1999. It notes the information provided in reply to its previous comments, particularly on the measures taken to improve the effectiveness of labour inspection, such as courses on labour law, administrative law, work by children and young persons, as well as the training agreement for labour inspectors concluded with the Latin American University of Science and Technology and the Inter‑American University. The Committee notes, that in the context of the MATAC‑ILO project, draft regulations are being prepared to provide better protection for workers’ rights by making the staff of the labour inspection services more pluri-disciplinary and professional. The Committee also notes, in reply to its previous observation concerning the contradictions between the estimates made by the Inter‑Confederal Committee of Costa Rica (CICC) on the staff of the inspection services and the needs and figures provided by the Government, that information on an increase in the number of inspectors could soon be provided, and it requests the Government to indicate whether measures have been taken in this respect, particularly within the framework of the MATAC‑ILO project and, where appropriate, to provide information on their implementation. It also requests the Government to provide detailed information on the current numbers and geographical distribution of the staff of the labour inspection services and on the plans to increase this staff with a view to improving observance of workers’ rights in the fields covered by the Convention.

The Committee notes the statement that the Government is continually endeavouring to develop the financial resources of the Ministry of Labour and it requests it to provide information on the measures taken, within the framework of the programme for the modernization of the labour administration, to give effect to the provisions of Article 11 of the Convention in relation to offices and transport facilities (Article 11(1)(a) and (b)) and the reimbursement to inspectors of any travelling and incidental expenses which may be necessary for the performance of their duties (Article 11(2)).

With reference to its direct request under Convention No. 129 concerning annual inspection reports, the Committee requests the Government to take the necessary measures as soon as possible to ensure that the central inspection authority, in accordance with Article 20, publishes and transmits to the ILO within the required time limits an annual report containing information on the subjects enumerated in Article 21(a) to (g).

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With reference also to its observation on the Convention, the Committee requests the Government to provide information on the following points.

1. Article 17 of the Convention. The Committee notes that in its observations the Inter-Confederal Committee of Costa Rica (CICC) alleges that implementation procedures are slow, particularly in cases of the non-observance of collective labour rights, due to the fact that the procedure followed is not the special procedure envisaged in sections 363 to 366 of the Labour Code, but consists of general administrative procedures. The Government states in this respect that, following a ruling by the Constitutional Court dated 23 July 1997, the special procedure is applicable to these cases. The Committee requests the Government to provide information on any proceedings that are commenced, and the sanctions imposed, with an indication of whether the functioning of the procedures has become more rapid following the above ruling.

2. Articles 20 and 21. The Committee notes the information contained in the communication of the National Directorate of the Labour Inspectorate, which was attached to the Government's report. The Committee recalls that, in accordance with Article 20 of the Convention, the central inspection authority shall publish an annual report on the subjects enumerated in Article 21. It draws the Government's attention to the explanations contained in paragraphs 277 to 281 of its 1985 General Survey on labour inspection with regard to the form, publication and content of these reports. The Committee trusts that the Government will take the necessary measures as rapidly as possible to ensure that such reports are published and copies transmitted to the ILO.

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The Committee notes the information provided by the Government in its report, which was received by the ILO on 18 November 1998, and its response to the observations made by the Inter-Confederal Committee of Costa Rica (CICC), to which the Committee referred in its previous comment.

1. Article 7, paragraph 3, of the Convention. The Committee notes that, in reply to the allegations of the CICC that the absence of adequate training affects the effectiveness of labour inspection, the Government refers to the training provided to inspectors at the beginning of their careers and regular further training during their careers, and refers specifically to the exchanges of views with other professionals designed to adapt their knowledge to the changes which have occurred in labour legislation. The Committee also notes that, in a communication from the National Directorate of the General Labour Inspectorate, which was attached to the Government's report, a description is provided of the efforts made to professionalize the inspection services, which includes many specialists in such different branches as law, social sciences and occupational medicine. The Committee also notes the information provided by the Government concerning a mobility programme which has resulted in the departure of many inspectors and the arrival of new officials and, considering appropriate training to be all the more necessary, it requests the Government to provide detailed information on the initial and further training provided to inspectors for the performance of their duties.

2. Article 10. The Committee notes that the CICC alleges that there is an insufficient number of inspectors to secure the effective discharge of the duties of the inspectorate and that it considers that this number, which is around 120 inspectors, should be increased to 400 inspectors at least. In its reply, the Government states that the number of inspectors doubled in 1996 from 50 to around 117. The Committee also notes the information contained in the above communication concerning the inspections carried out, the number of which increased during 1997, and on the sectors in which inspections were planned for 1998, namely construction and transport. Noting the substantial difference between the assessment made by the CICC of the number of inspectors considered to be necessary and their actual numbers, the Committee requests the Government to provide detailed information on changes in the numbers of labour inspectors which should be sufficient to ensure the effective discharge of the duties of the inspectorate.

3. Article 11. The Committee notes that the CICC considers that the arrangements made to furnish labour inspectors with local offices and transport facilities are insufficient, and that it alleges that the failure to reimburse inspectors their travel expenses is a considerable obstacle to the activities of the inspectorate. The Committee notes that the Government, without denying the low level of resources provided, blames them on budgetary constraints and states that over recent years efforts have been made to provide logistical support to the national and regional directorates of the labour inspectorate, including transport facilities and the reimbursement of travel expenses, as noted also in the above communication from the Directorate of the Labour Inspectorate. The Committee hopes that the Government will continue to provide information on any improvement in the situation relating to the application of this Article of the Convention.

4. The Committee notes the commencement in November 1997 of a subregional project, which includes Costa Rica, to modernize and strengthen labour administrations, which includes an important component devoted to labour inspection. It hopes that the Government will provide information on the implementation of the project and its positive effects on the organization and operation of the labour inspectorate.

5. The Committee is addressing a request directly to the Government concerning the application of a number of other points.

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Referring also to its observation under the Convention, the Committee notes that neither the Government's report nor the copy of the annual report published by the central inspection authority has been received. The Committee hopes that the Government will supply a detailed report on the application of the Convention as well as a copy of the annual report published by the central inspection authority, within the time-limit set forth by paragraph 3 of Article 20 of the Convention. The Committee asks the Government to take into consideration that such report should deal in particular with the subjects listed in Article 21, including, but not limited to, statistics of industrial accidents and statistics of occupational diseases (Article 21, paragraphs (f) and (g) of the Convention).

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The Committee notes that the Government's report has not been received. The Committee notes the observations presented by the Inter Confederal Committee of Costa Rica (CICC) alleging non-observance by the Government of Costa Rica of eight Conventions ratified by Costa Rica, including Convention No. 81. The allegations of the Inter Confederal Committee relate to the following: (i) absence of adequate training of labour inspectors for the performance of their duties (Article 7, paragraph 3, of the Convention); (ii) insufficient number of labour inspectors (Article 10); (iii) insufficient material support (Article 11); (iv) delays in enforcement proceedings (Article 17); and (v) absence of publication of the reports (Article 20).

The Committee hopes that the Government will supply a detailed report on the application of the Convention as well as its comments on the allegations by the Inter Confederal Committee of Costa Rica.

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Articles 10, 11, 16, 20 and 21 of the Convention. With reference to its previous comment, the Committee notes that the Government's report makes no further mention of the lack of human and material resources for compiling and publishing the annual report on the work of the inspection services. It notes, however, that the information in Annex 5 to the Government's report does not constitute a single document, nor does it contain all the information required for the annual report in accordance with Articles 20 and 21 of the Convention. The Committee draws the Government's attention to paragraphs 277 and 278 of its General Survey of 1985 on labour inspection in which it indicates that "in cases where there are difficulties of a financial nature in the publication of an annual report, recourse to inexpensive methods of printing - for instance roneoed or mimeographed inspection reports - should enable the requirements of the Conventions (Nos. 81 and 129) to be met, provided that the reports are widely disseminated among the authorities and administrations concerned and among workers' and employers' organizations, and that they are placed at the disposal of all interested parties" and that "it is desirable that the information to be contained in the annual inspection report should be published in a single document and not scattered throughout a number of publications". Furthermore, the Committee notes that according to the Government's report, a series of measures have been implemented, the joint inspection programme amongst others, in an attempt to inspect workplaces frequently. It would be grateful if the Government would indicate in its next report or in the annual report, which the Committee trusts will be sent to the Office within the time-limits prescribed in Article 20, the progress made in increasing the frequency of inspection visits. It also trusts that the annual report will contain all the information required by Article 21 and that it will be published in such a way as to ensure the broadest possible circulation.

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Articles 10, 11, 16, 20 and 21 of the Convention. With reference to its previous comments, the Committee notes that the National Labour Inspectorate lacks the necessary human and material resources to fully apply these provisions of the Convention, but that the Government is still prepared to install a computerized data processing system in the Records Department of the Ministry of Labour and Social Security, with trained personnel, so that all the necessary information can be compiled for the annual report of the labour inspection services. The Committee also notes the annual report of the National Labour Inspectorate which the Government was able to provide. The report contains only part of the information requested under Article 21 of the Convention, namely, statistics of inspection visits (paragraph (d)) and statistics of violations (paragraph (e)).

The Committee recalls that, under the Convention, the number of inspectors and the facilities made available to them must be sufficient to secure the effective discharge of their duties and, in particular, to ensure that workplaces are inspected as frequently and thoroughly as is necessary, and that full annual reports are published regularly. The Committee trusts that the measures under consideration will be taken in the very near future so that annual inspection reports containing all the information requested in Article 21 can be published and sent to the International Labour Office within the period laid down in Article 20.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 20 and 21 of the Convention. With reference to its previous comments, the Committee takes note of the information supplied by the Government to the effect that the Records Department of the Ministry of Labour and Social Security is to be reorganised and will have a computerised data processing system, which will enable statistical data to be compiled thereby facilitating application of these Articles of the Convention. The Committee trusts that the measures contemplated will be taken very shortly and that, as a result, annual inspection reports containing precise information on all the subjects listed in Article 21 will be published and forwarded to the International Labour Office within the time-limits set forth in Article 20.

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Articles 20 and 21 of the Convention. With reference to its previous comments, the Committee takes note of the information supplied by the Government to the effect that the Records Department of the Ministry of Labour and Social Security is to be reorganised and will have a computerised data processing system, which will enable statistical data to be compiled thereby facilitating application of these Articles of the Convention. The Committee trusts that the measures contemplated will be taken very shortly and that, as a result, annual inspection reports containing precise information on all the subjects listed in Article 21 will be published and forwarded to the International Labour Office within the time-limits set forth in Article 20.