Effect given to the recommendations of the committee and the Governing Body - REPORT_NO331, June 2003

Effect given to the recommendations of the Committee and the Governing Body

1. 29. At its meeting in November 2002, the Committee made the following recommendations on pending questions [see 329th Report, paras. 38-40]:
   • – The Committee notes with interest the Government’s intention to adapt its legislation to the ILO standards relating to collective bargaining and the steps it has taken to do so, which include a constitutional reform (which has been submitted to the legislative plenary) and the submission of draft legislation for the ratification of Conventions Nos. 151 and 154. The Committee hopes that progress will be made in the near future and requests the Government to keep it informed in this respect.
   • – With regard to the other two recommendations made at its previous meeting, the Committee notes that the Government has not sent the information requested of it and therefore the Committee repeats these requests, that the Government:
   • n with regard to the matter of unfair labour practices at the University of Costa Rica noted by the administrative authorities, keep it informed of any appeal and any new decision;
   • n keep it informed of the outcome of the complaint lodged by the administrative authorities to the courts after confirming that the Ministry of Education had committed violations in the matter of trade union leave.
   • – Finally, the Committee requests the Government to send its observations on the dismissal of the trade union official, Mr. Luis Enrique Chacón.
2. 30. In its communications of 14 January and 17 March 2003, the Government lists the many steps taken by the Ministry of Labour to ensure that the Legislative Assembly examines the draft legislation to ratify ILO Conventions Nos. 151 and 154 before the end of the period of extraordinary sessions (30 April 2003). Also, at the initiative of the Ministry of Labour, an official of the multidisciplinary advisory team provided technical assistance to the leaders of the various parties in the legislature in connection with these Conventions. These initiatives were all intended to guarantee collective bargaining in the public sector. In addition, the government party in the Legislative Assembly on 10 May 2002 submitted a proposal to amend article 192 of the Constitution, which was the result of dialogue between the authorities and the trade union confederations. With the same objective, the executive branch submitted to the Legislative Assembly amendments to the General Public Administration Act, together with a draft law to introduce collective bargaining in the public sector which gives force of law to Decree No. 29576 of 31 May 2001. The draft law in question was the result of work done by a bipartite commission. The Government also refers to recent administrative rulings (which are binding) confirming the right of public servants to negotiate collective agreements.
3. 31. The Government also states that the judicial proceedings in connection with violations (by the Ministry of Education) of trade union leave entitlements and unfair labour practices in the University of Costa Rica, as well as the proceedings in connection with the dismissal of trade union leader, Luis Enrique Chacón, have yet to be concluded.
4. 32. The Committee notes the Government’s information on these proceedings, and requests the Government to supply copies of any rulings that may be handed down. The Committee notes with interest the various initiatives taken by the Ministry of Labour and other authorities (proposed constitutional and legislative amendments, etc.) with a view to guaranteeing full enjoyment of the right of collective bargaining in the public sector, including bills to ratify Conventions Nos. 151 and 154; and notes that an ILO official has provided technical assistance in one of these initiatives. The Committee requests the Government to keep it informed of developments with regard to these issues.