Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C137

Observation

2012
2009

Direct Request

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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).