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Dock Work Convention, 1973 (No. 137) - Costa Rica (RATIFICATION: 1975)

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The Committee notes the observations formulated by the International Organisation of Employers (IOE) and the Costa Rican Federation of Chambers and Associations of Private Enterprises (UCCAEP), received on 4 September 2019, as well as the Government’s reply to those observations.
Article 2 of the Convention. Permanent and regular employment. Further to its previous comments in which it requested the Government to provide up-to-date information on the measures taken to promote permanent employment in ports, the Committee notes the observations formulated by the OIE and the UCCAEP, which express their deep concern at the high unemployment rate in the Limón region and the apparent lack of willingness of the authorities to attract further investment. They indicate, however, that the launch of the operation of the Limón container terminal, and the construction of an additional terminal that will increase the capacity of cargo freight, offer more job opportunities. Lastly, they request the institutional transformation of the Board for Port Administration and Economic Development of the Atlantic Coast (JAPDEVA) in order to seek a clear proposal for its 1,180 public workers. In this regard, they refer to the Bill before the Legislative Assembly proposing that certain workers may benefit from the early retirement scheme or request their horizontal transfer to other institutions of the central and decentralized administration.
The Committee notes the Government’s reply indicating that the Costa Rican Pacific Ports Institute (INCOP) and JAPDEVA have adequate mechanisms to ensure the employment and working conditions of dockworkers. Although it considers that the issue of the development of the Limón region surpasses the strict framework of the port sector, the Government reports the actions promoted by the Caribbean Round Table, which is a social dialogue body established for the development and social inclusion of the province of Limón, supported by the ILO Costa Rica Office. The Government also refers to the Immediate Response Plan, aimed at supporting priority populations with subsidies allocated to specifically target workers affected by mass dismissals, closures or changes to the operations in the province. With respect to the port sector, the Government indicates that six fairs were organized, with the support of the Ministry of Labour and Social Security, for JAPDEVA workers, to bring together public workers who expressed interest in being transferred to other independent institutions. In addition, after several meetings with representatives of the JAPDEVA workers’ union (SINTRAJAP), an agreement was reached on measures to protect workers' job security. These commitments were set forth in the Bill on the modernization of JAPDEVA and the protection of its employees (legislative dossier No. 21,426). This Bill proposes several measures, including horizontal transfer towards other bodies, the right to early retirement and an incentive for institutional transformation. The Committee requests the Government to continue providing up-to-date information on the measures taken to promote permanent and regular employment of dockworkers in all the country’s ports. With regard to the situation in Limón port, the Committee requests the Government to report on the impact of the employment support activities carried out by the authorities and of the expansion of the terminals on dockworkers’ jobs, and to specify changes in the size of the workforce. Lastly, it requests the Government to report on the implementation of the Bill on the modernization of JAPDEVA and the protection of its employees, once it has been adopted.
Article 5. Cooperation with the social partners. Further to its previous comments, the Committee notes the information provided on the cooperation of INCOP and JAPDEVA with the representative dockworkers’ organizations. The Committee requests the Government to continue providing up-to-date information on the cooperation of INCOP and JAPDEVA with the dockworkers’ organizations, with a view to improving labour efficiency in the country’s ports, including information on cooperation with the social partners in the implementation of the Bill on the modernization of JAPDEVA and the protection of its employees, once it has been adopted.

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The Committee notes the observations of the Costa Rican Confederation of Democratic Workers (CCTD), communicated with the Government’s report, and the Government’s reply to these observations.
Article 2 of the Convention. Permanent and regular employment. The Committee notes the observations of the CCTD according to which many of the dockworkers in Pacific and Atlantic ports who were dismissed due to the modernization and construction of docks, have not managed to find employment on the formal labour market. The CCTD adds that many dockworkers will be dismissed due to the construction of the new dock in the Atlantic port. In this regard, the CCTD emphasizes that the Government does not have a policy to encourage the creation and seeking of employment for dismissed dockworkers, for which reason it is necessary to create mechanisms to guarantee formal employment in docks, including support for skills training and entrepreneurship. The Committee also notes the Government’s reply indicating that a tripartite forum has been established for the acceptance of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), which formally commenced operation on 2 March 2017. In this regard, the Government indicates that the three social partners reached consensus on the need to determine strategies with a view to reducing administrative procedures, simplifying the tax system and improving access to technical training and social protection. The Committee requests the Government to provide updated information on the measures taken to promote permanent employment in ports and to give effect to Article 2 of the Convention. The Committee also requests the Government to provide detailed information on the work of the tripartite forum in relation to the application of Recommendation No. 204 to dockworkers and the impact of its policies in practice.
Article 5. Cooperation with the social partners. In its previous comments, the Committee requested the Government to indicate the manner in which the Costa Rican Pacific Ports Institute (INCOP) and the Board for Port Administration and Economic Development of the Atlantic Coast (JAPDEVA) have cooperated with the organizations of dockworkers. In its report, the Government refers to the information provided by the Executive President of the INCOP, according to which in 2015 a branch of the National Association of Public and Private Sector Employees (ANEP) was established with the objective of defending the labour rights of dockworkers. The Government adds that this constituted significant support for these workers, as they were able to channel their doubts through the organization, engage in consultations and benefit from a channel of communication between dockworkers and the administration of the INCOP. The Executive President of the JAPDEVA indicates that it has a trade union, the Union of JAPDEVA Workers (SINTRAJAP), which negotiated a first collective agreement for the ports of Limón and Moín in 1974, which has been revised and updated every two years. It also indicates that the current administration of the JAPDEVA, aware of the need to establish a channel of communication with the social partners, has opened an inclusive space for communication and has received the trade union representatives of the Union of Dockworkers and Cargo Handlers of Costa Rica (SITRAMPRECORI) and the representative of a branch of the ANEP. The Committee requests the Government to continue providing updated information on the collaboration of the INCOP and the JAPDEVA with the organizations of dockworkers with a view to improving the efficiency of work in ports, and the impact of that collaboration.
Article 6. Safety, health, welfare and vocational training of dockworkers. The Government refers to the information provided by the Executive President of the INCOP, according to which concessionary enterprises have certification based on international standards which guarantee the safety of workers, the protection of the environment and the quality of services. With regard to the training processes promoted by the INCOP, the Committee notes that it is currently promoting a training plan for officials with a view to encouraging the use of common maritime and port terminology and ensuring that they have knowledge of the various international conventions in the port sector. The Committee also notes that in 2017 training was provided for ten officials on subaquatic matters with a view to reinforcing their professional port profile and complying with the objectives of the corporate social responsibility programme, which focuses on the conservation of the seas. The Committee also notes that courses and conferences have been proposed on various subjects, such as the legal framework for maritime transport, the maritime environment and port administration. The Executive President of the JAPDEVA also reiterates that, with a view to improving relations between management and workers, establishing safety and health standards and regulating the vocational and technical training of dockworkers, the collective agreement is revised and updated regularly. The Committee requests the Government to continue providing information on cooperation between employers’ and workers’ organizations, and on the results achieved in a tripartite context to improve the efficiency of dock work (Part V of the report form).

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The Committee notes with interest the information sent by the Government in July 2010 and September 2012 in relation to the observation made in 2009. The Government provides information sent by the Costa Rican Pacific Ports Institute (INCOP) and the Committee for Port Administration and Economic Development of the Atlantic Coast (JAPDEVA).
Articles 2, 3 and 4 of the Convention. Permanent or regular employment. Registers for all occupational categories of dockworkers. The Committee notes that INCOP receives reports from private enterprises licensed to operate in the Pacific ports containing lists and supporting documents from the three licensed enterprises specifying the workers who are assigned to port operations. In addition, two other enterprises maintain contracts with various cooperatives or cargo handling enterprises which hire some 900 workers, 70 per cent of whom are workers who were dismissed by INCOP as part of a privatization process which took place in 2006. The three enterprises holding the concessions have indicated that all their staff are employed on a fixed basis and so they do not have a list of registered workers. On the Atlantic Coast, 20 different categories of dockworkers have been identified who have obtained employment stability through being classified as civil service employees.
Article 5. Cooperation with the social partners. The Committee notes that since the entry into force of the Puerto Caldera concession, INCOP has held meetings with the concession holders and the cargo handling enterprises with a view to enforcing labour standards. Please describe in further details the arrangements for cooperation between INCOP and JAPDEVA and the workers’ organizations in improving the efficiency of work in ports.
Article 6. Safety, health, welfare and vocational training of dockworkers. The Government indicates in its report received in September 2012 that INCOP and JAPDEVA have planned to provide a list of provisions to be observed in relation to welfare, health, safety and access to vocational and technical training in dock work. In the communication received in July 2010, the three concession holders stated that international standards on dock safety would be adopted as part of a draft code for the management of maritime and dock safety. In the field of training, reference was made to support from international bodies such as the International Maritime Organization, the Central American Commission for Maritime Transport and the Inter-American Committee on Ports.
The Committee welcomes the efforts made by the Government to make progress in the application of the Convention. The Committee invites the Government to provide more information in its next report on the subjects raised in the present observation, including up-to-date information on cooperation between workers’ and employers’ organizations as well as on the results achieved in a tripartite context to improve the efficiency of dock work (Part V of the report form).

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National policy to ensure employment for dockworkers. The Committee notes the Government’s report requested for 2009. The Government provides information on the Pacific and the Atlantic ports. With regard to the former, the Costa Rican Pacific Ports Institute (INCOP) confirms that since August 2006, all the workers covered by Convention No. 137 and the Continuity of Employment (Seafarers) Convention, 1976 (No. 145), have been dismissed. The Committee notes that INCOP acts as the guarantor of compliance with workers’ rights for enterprises licensed to operate in Puerto Caldera. INCOP refers to the preliminary study for the drafting of regulations to define the rights of seafarers and dockworkers as part of the staff hired by these enterprises. With regard to the Atlantic ports, the Committee understands that the workers of the Committee for Port Administration and Economic Development of the Atlantic Coast (JAPDEVA) have been offered compensation for dismissal. The Committee notes that the Government has no exact figures for the number of dockworkers covered by the Convention.

In these circumstances, the Committee requests the Government to provide in its next report detailed information on the following matters:

–           the measures taken to encourage all concerned (particularly INCOP and the enterprises licensed to operate on the Atlantic coast) to provide permanent or regular employment for dockworkers (Article 2(1), of the Convention). The report should also indicate the minimum periods of employment or minimum income assured to dockworkers, as prescribed in Article 2, paragraph 2;

–           the manner in which registers are established and maintained for all occupational categories of dockworkers (Article 3(1)); and

–           the manner in which registered dockworkers are assured priority of engagement for dock work (Article 3(2)–(3)).

Article 4, paragraph 2, and Article 5. The Committee emphasizes that the next report should describe the measures taken to prevent or minimise the detrimental effects on dockworkers due to a reduction in numbers and should provide particulars on safety, health, welfare and vocational training provisions applying to dockworkers.

Article 5. The Committee stresses that for dealing with the matters covered by this observation and for improving the efficiency of work in ports, it is important to encourage cooperation between the social partners.

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Part V of the report form. In reply to the direct request of 2007, the Government indicates that owing to the modernization process in dock work undertaken by the Costa Rican Pacific Harbours Institute (INCOP), the Puerto Caldera concession was ended on 11 August 2006. INCOP declared the workers’ employment was at an end and, by means of an agreement between the parties involved, the collective agreement regulating the conditions of work of all INCOP workers was declared to be terminated. The Committee requests the Government to supply a report containing up to date information on the number of dockworkers covered by the Convention and in general on the results achieved in a tripartite framework to improve the efficiency of dock work (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2009.]

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Part V of the report form. The Committee notes the simplified report sent by the Government for the period ending May 2007 which indicates that there have been no substantial changes in the application of the Convention. The Committee asks the Government to supply up to date information on the collective agreements signed between the Costa Rican Pacific Harbours Institute (INCOP) and the workers’ organizations concerned, including information on the number of dockworkers covered by the Convention and in general on the results achieved in a tripartite framework to improve the efficiency of dock work.

[The Government is asked to reply in detail to the present comments in 2008.]

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The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in the two previous direct requests of the Committee, which read as follows:

1. The Committee notes with interest the information supplied by the Government with regard to the application of Articles 3, 4, 5 and 6 of the Convention. It requests the Government, in its future reports, to continue supplying information in this respect, and to give the indications required under points IV and V of the report form.

2. Article 2. The Committee notes, in particular, that employees of the Directorate of Port Operations of the Costa Rican Pacific Harbours Institute, with the exception of administrative officials, work according to the movements of vessels. With reference to its previous comments, the Committee notes that this provision of the Convention requires that, in so far as practicable, dockworkers shall be provided with permanent or regular employment and, in any case, dockworkers shall be assured minimum periods of employment or a minimum income, in a manner and to an extent depending on the economic and social situation of the country and port concerned. In this connection, the Committee trusts that the Government will supply supplementary information in its next report on the application of the above provision of the Convention. Please also indicate the measures that have been adopted to encourage all concerned to provide permanent or regular employment (paragraph 1), or describe how the minimum requirements regarding employment and income are assured (paragraph 2).

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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:

1. The Committee notes with interest the information supplied by the Government with regard to the application of Articles 3, 4, 5 and 6 of the Convention. It requests the Government, in its future reports, to continue supplying information in this respect, and to give the indications required under points IV and V of the report form.

2. Article 2. The Committee notes, in particular, that employees of the Directorate of Port Operations of the Costa Rican Pacific Harbours Institute, with the exception of administrative officials, work according to the movements of vessels. With reference to its previous comments, the Committee notes that this provision of the Convention requires that, in so far as practicable, dockworkers shall be provided with permanent or regular employment and, in any case, dockworkers shall be assured minimum periods of employment or a minimum income, in a manner and to an extent depending on the economic and social situation of the country and port concerned. In this connection, the Committee trusts that the Government will supply supplementary information in its next report on the application of the above provision of the Convention. Please also indicate the measures that have been adopted to encourage all concerned to provide permanent or regular employment (paragraph 1), or describe how the minimum requirements regarding employment and income are assured (paragraph 2).

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1. The Committee notes with interest the information supplied by the Government with regard to the application of Articles 3, 4, 5 and 6 of the Convention. It requests the Government, in its future reports, to continue supplying information in this respect, and to give the indications required under parts IV and V of the report form.

2. Article 2. The Committee notes, in particular, that employees of the Directorate of Port Operations of the Costa Rican Pacific Harbours Institute, with the exception of administrative officials, work according to the movements of vessels. With reference to its previous comments, the Committee notes that this provision of the Convention requires that, in so far as practicable, dockworkers shall be provided with permanent or regular employment and, in any case, dockworkers shall be assured minimum periods of employment or a minimum income, in a manner and to an extent depending on the economic and social situation of the country and port concerned. In this connection, the Committee trusts that the Government will supply supplementary information in its next report on the application of the above provision of the Convention. Please also indicate the measures that have been adopted to encourage all concerned to provide permanent or regular employment (paragraph 1), or describe how the minimum requirements regarding employment and income are assured (paragraph 2).

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