Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government concerning the application of Articles 6 (general weekly rest scheme) and 10 (system of inspection and sanctions) of the Convention.

Articles 7 and 8 of the Convention. Permanent and temporary exemptions. Further to its previous comments concerning section 152 of the Labour Code, the Committee notes the Government’s indications that activities of “obvious public or social interest” include, in particular, work in hospitals and clinics, ports and the Electricity Institute of Costa Rica (ICE). It therefore understands that the large majority of trading establishments or establishments in which office work is carried out are not covered by the provision providing for the possibility of working on the weekly rest day by agreement between the parties. However, it notes that, according to the Government’s report, the increase in work carried out on the weekly rest day is due to the constant competition and to an economy which forces trading establishments to remain available to the public most of the time. This implies that work on the weekly rest day is generally permitted and that there are no specific regulations on this subject. Taking into account the fact that the Convention only authorizes exemptions under strict and limited conditions, either due to the inherent need to leave certain establishments open on the rest day (for example, hospitals, hotels, the press, transport and industrial workplaces in which processes are carried on continuously) or where it is required due to exceptional conditions (for example, in case of accident, force majeure or urgent work to premises and equipment), the Committee requests the Government to indicate the measures taken or envisaged to give full effect to these provisions of the Convention. It also requests the Government to indicate whether relevant provisions exist in collective agreements concluded both at the branch and enterprise levels and, if so, to provide copies.

The Committee also notes that the Government refers in its last report to the direct applicability of the Convention in the national legislation, which explains the absence of detailed legislative or regulatory provisions giving effect to the various provisions of the Convention. However, it draws the Government’s attention to the fact that most of the Convention’s provisions are not self-executing and require the adoption of specific measures, in particular to determine the cases in which permanent or temporary exemptions may be granted or to establish special weekly rest schemes (for example, through rotation or the accumulation of days, etc.). In the light of these comments, the Committee once again requests the Government to take the necessary measures to make the appropriate legislative changes to bring section 152 of the Labour Code into full conformity with the provisions of the Convention.