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Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Costa Rica (Ratification: 1981)

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Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers’ Movement Confederation (CMTC) and Juanito Mora Porras Trade Union Federation (CSJMP), received on 24 September 2018. The Committee notes the Government’s response to those observations, received on 1 November 2018. It also notes the Government’s response to the observations of the CTRN of 2017, received on 3 May and 31 July 2018.

Article 1 of the Convention. Representative organizations. In its previous comments, the Committee noted the observations of the CTRN, in which it noted that the most representative workers’ organizations, trade union confederations (third-level trade union organizations representing manual and intellectual workers from various sectors) were not represented in the High Labour Council. In this respect, the Committee requested the Government to provide information on the measures taken, particularly concerning the selection criteria, to ensure that the consultations required by the Convention are held with the “most representative organizations” of employers and workers, indicating the criteria used for determining representativeness. The Committee notes the Government’s indication that, as a result of ILO technical assistance, on 27 March 2017, the Ministry of Labour and Social Security issued an advisory notice, urging “third-level employers’ and workers’ organizations, duly registered or recognized at the national level” to nominate and accredit with the Ministry representatives so that the members of both partners are appointed to the High Labour Council. The Committee notes with interest that, once that information was received by the social partners, Decision No. 12-2017-MTSS was published in Official Gazette No. 164 of 30 August 2017, appointing the representatives of employers’ and workers’ organizations to the High Labour Council. In its report, the Government provided a list of the selected employers’ and workers’ representatives, which includes members from trade union confederations.

Article 5(1). Effective tripartite consultations. In response to its previous comments, the Committee notes the detailed information provided by the Government on the consultations held with the social partners during the reporting period. The Committee observes that these consultations were held on replies to questionnaires concerning items on the agenda of the International Labour Conference, the submission of Conventions and Recommendations in accordance with article 19 of the ILO Constitution, the re-examination of unratified Conventions and Recommendations that have not yet been given effect, as well as proposals for the abrogation and withdrawal of Conventions and Recommendations. Concerning the consultations on reports on ratified Conventions, the Government indicates that, since 2013, a consultation process has been conducted over a longer period, to ensure that the social partners participate in the preparation of the reports. In particular, the Government indicates that, under the new process, initial drafts of reports are shared sufficiently in advance for the social partners to send their comments for subsequent inclusion in the final reports which are sent to the Office by 1 September. The Committee notes that, according to the reporting schedule, the preliminary reports on ratified Conventions were communicated to the social partners before 1 September (3 August 2016, 4 August 2017 and 27 July 2018), while the final draft reports, which include the observations made by the social partners during the process, were communicated later (31 August 2016, 12 September 2017 and 2 October 2018). The Committee also notes that the workers’ organizations, the CTRN, CMTC and CSJMP, consider that the Government is still not providing the reports to the social partners. Finally, the Government refers to various tripartite consultation processes at the national level on matters including the development and implementation of a Comprehensive Strategy for the Transition to the Formal Economy in Costa Rica, in compliance with the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204). The Committee requests the Government to continue providing detailed up-to-date information indicating the specific content, frequency and outcome of the tripartite consultations held on all matters relating to international labour standards covered by Article 5(1) of the Convention. In light of the observations of the CTRN, CMTC and CSJMP, the Committee requests the Government to provide detailed information on the consultations held with the social partners on how the functioning of the procedures required by the Convention could be improved.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), which were received on 5 September 2016, and the Government’s reply, which was received on 6 January 2017.

Article 1 of the Convention. Representative organizations. The Committee notes the observations of the CTRN, in which the confederation maintains that the most representative workers’ organizations, namely the trade union confederations (third-level umbrella organizations representing blue-collar and white-collar workers from various sectors) are not represented in the Higher Labour Council. The Committee requests the Government to provide information on the measure taken, particularly in relation to the selection criteria, to ensure that the consultations required by the Convention are held with the “most representative organizations of employers and workers”, indicating the criteria used for determining representativeness.

Article 5(1). Effective tripartite consultations. In reply to the Committee’s previous comments, the Government indicates in its report that whenever it has received documents from the ILO it has fulfilled the requirements of Article 5(1) of the Convention. Accordingly, the Government refers, inter alia, to the sending of draft and final reports on the application of ratified Conventions and on unratified Conventions, and also of various ILO questionnaires, to the CTRN and other representative organizations between August 2013 and May 2016. The CTRN, for its part, reiterates its concern at the fact that the Government continues to send reports on the application of ratified Conventions very late and only after it has sent them to the Office, or giving very short notice (on some occasions, only ten days) for the social partners to make any observations that they consider appropriate. The Committee recalls that, in order to be “effective”, consultations must take place before final decisions are taken, irrespective of the nature or form of the procedures adopted. The important factor here is that the persons consulted should be able to put forward their opinions before the government takes its final decision. The effectiveness of consultations thus presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinions. Moreover, the Committee recalls that the consultations have to be held during the process of preparing the reports. Where written consultations are held, the government should transmit to the representative organizations a draft report in order to gather their opinions in advance, before preparing its definitive report (see General Survey of 2000 on tripartite consultation, paragraphs 31 and 93). As regards the invitation made by the Committee in its observations of 2012 and 2013, the Government indicates that the Ministry of Labour and Social Security held consultations with the social partners in order to consider the possibility of establishing a schedule for the preparation of reports. In view of the observations of the CTRN, the Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to continue sending information on consultations held on each of the matters related to international labour standards covered by Article 5(1) of the Convention. The Committee further requests the Government to send information on consultations held with the social partners on how implementation of the procedures required by the Convention might be improved, including establishing a schedule for the preparation of reports (Article 5(1)(d)). Moreover, regarding the procedures required by the Convention, the Committee hopes that the Government will take steps to establish an adequate time period to give employers’ and workers’ organizations enough notice to formulate their views and make any comments that they consider appropriate on the draft texts shared by the Government in accordance with Article 5(1).

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 5(1) of the Convention. Tripartite consultations required by the Convention. With regard to the observation of 2012, the Committee notes the Government’s report which indicates that each time documents have been received from the ILO, the requirements of Article 5 of the Convention have been met. The Government has submitted a list of communications for the period 2011–13 sent to the social partners that relate to Article 5(1) of the Convention. In response to the request made in the 2012 observation, the Government states its readiness to discuss with the social partners the possibility of establishing a schedule for the preparation of reports. In a communication of 30 August 2013, the Confederation of Workers Rerum Novarum (CTRN) expresses concern that the government authorities have not presented their reports to the workers’ organizations before transmitting them to the ILO, which prevents the organizations to submit relevant observations. The Committee recalls that the tripartite consultations required by Article 5(1)(d) of the Convention have to be held during the process of preparing the reports. When written consultations are held, the Government should transmit to the representative organizations a draft report in order to gather their opinions in advance, before preparing its definitive report (see General Survey of 2000 on tripartite consultation, paragraph 93). The Committee invites the Government to continue providing information on the consultations held on each of the matters listed in Article 5(1) of the Convention. It also invites the Government to consult with the social partners as to how implementation of the procedures required by the Convention could be improved, and to consider the possibility of establishing a schedule for the preparation of reports (Article 5(1)(d)).

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

Tripartite consultations required by the Convention. The Committee notes the communication of the Confederation of Workers Rerum Novarum (CTRN), dated 30 August 2011. The CTRN indicated that in 2011 the Government did not consult the CTRN prior to sending reports to the Committee of Experts on the application of the Labour Inspection Convention, 1947 (No. 81), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Employment Policy Convention, 1964 (No. 122), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Minimum Wage Fixing Convention, 1970 (No. 131). In the reply received in February 2012, the Government provided a copy of its letter dated 13 June 2011 forwarding to the representative organizations the comments of the Committee of Experts so that they could make the observations that they considered appropriate. The Committee also notes that on 26 August 2009 the Government forwarded a copy of the reports on ratified Conventions for the 2009 period to the office of the President of the CTRN and also to the presidents of other representative organizations. The Committee understands that the Government did not provide to the representative organizations the drafts of the reports before they were sent to the ILO.

The Committee recalls that the obligation to consult in advance the representative organizations concerning the reports that are to be made on the application of ratified Conventions, as established by Article 5(1)(d) of the Convention, must be distinguished from the obligation to provide copies of reports, set out in article 23(2) of the ILO Constitution. The Convention requires tripartite consultations to be held on questions arising out of the reports to be made to the ILO in relation to the application of ratified Conventions. These consultations must address the content of the replies to the comments of the supervisory bodies. The tripartite consultations that are required by the Convention therefore have to be held during the process of the preparation of the reports. When written consultations are held, the Government should transmit to the representative organizations a draft report in order to gather their opinions some period before preparing its definitive report (see General Survey on Tripartite Consultation, 2000, paragraph 93). The Committee invites the Government to provide information in its next report on the consultations held on each of the matters listed in Article 5(1) of the Convention. In particular, to ensure that the views of the representative organizations are taken into account, the Committee invites the Government to consider with the social partners the possibility of establishing a schedule for the preparation of reports (Article 5(1)(d) of the Convention).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. The Committee notes the Government’s report for the period ending May 2009. The Government indicates that it has shared the documents sent by the ILO with the employers’ and workers’ organizations. The Committee notes with interest the official letters sent between 2006 and 2009 to the social partners requesting their opinions on the matters covered by the Convention. The Government also recalls in its report the agreements reached in the Higher Labour Council, with technical assistance from the ILO, to promote and achieve consensus on the draft reform of labour procedures and other matters relating to freedom of association and collective bargaining. The Government points out that the Higher Labour Council is dedicated to drawing up and discussing the second National Employment Plan and the Decent Work Agenda and for that reason the analysis of Conventions Nos 151 and 154 and the draft labour reform has been temporarily suspended. The Committee requests the Government to continue providing information on the consultations held in the Higher Labour Council on the matters relating to international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. The Committee notes the Government’s report for the period ending May 2007. The Government emphasized the consultations that are being held in the Higher Labour Council, particularly those aimed at formulating the National Employment Plan. It also attached the detailed reports of the meetings held in February, March and April 2007 in which a number of questions relating to international labour standards were raised. The report of 14 March 2007 included a draft workplan of the Higher Labour Council including a point on “prioritizing Conventions – analysis and positions on several Conventions”. The Committee requests the Government to provide further information in its next report on the consultations held in the Higher Labour Council on international labour standards (questionnaires relating to the Conference agenda, submission of the instruments adopted by the Conference to the Legislative Assembly, reports due on the application of ratified Conventions, prospects of ratification, denunciation of Conventions).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Tripartite consultations required by the Convention. The Committee notes the Government’s report, which describes the activities of the Higher Labour Council to reform the Labour Code and prepare the National Employment Policy for Costa Rica. The Committee requests the Government to indicate in its next report the manner in which the Higher Labour Council has participated in the tripartite consultations on international labour standards required by Article 5, paragraph 1, of the Convention. Please also indicate the written communications undertaken in relation to the tripartite consultations required by the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

In response to its previous direct request, the Government indicates that the processes of consultation are undertaken in due form within the framework of the Higher Labour Council. In this respect, the Committee notes the communications from the Government to the Higher Labour Council relating to consultations on the matters covered by the Convention. The Committee trusts that in future reports the Government will continue to provide information on the consultations required by Article 5, paragraph 1, of the Convention, including any reports issued by the Higher Labour Council and information on the recommendations made as a result of the consultations.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report and, in particular, with regard to the consultations which had taken place on the questions enumerated under Article 5, paragraph 1(b) and (c), of the Convention. The Committee would nevertheless like to remind the Government of the need to provide in its future reports on the application of the Convention full and detailed information on the consultations undertaken on each of the questions raised under Article 5, paragraph 1(b) and (c). In this regard, the Committee would like to recall that issues such as responses to questionnaires, submissions to the competent authorities, reports to be submitted to the ILO require annual consultation, whereas issues such as the re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions require less frequent consultation. The Committee trusts that the Government will take due note of this information when preparing future reports.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period ending May 1998 and the useful information provided in annex. It notes the detailed information on the consultations held under the aegis of the Supreme Labour Council, in accordance with Article 5, paragraph 1(b) and (c), of the Convention, on the proposals relating to the submission of Conventions and Recommendations to the Legislative Assembly and on the effect which has been given to them. It also notes the information on the consultations held, in accordance with Article 5, paragraph 1(a), concerning replies to questionnaires on certain items on the agenda of the 86th International Labour Conference.

Furthermore, the Committee note the comments made by the Government in reply to the communication of the Inter-Confederal Committee of Costa Rica alleging non-compliance with the provisions of Article 5, paragraph 1(d). The Government states, without providing other information, that it gives effect to the above provisions by transmitting systematically to the representative organizations of employers and workers the reports to be submitted to the ILO under article 22 of the ILO Constitution. In this respect, the Committee wishes to recall that, in its General Survey of 1982, it stated that, as required by Article 2 of the Convention, the consultation procedures on each of the subjects enumerated in Article 5, paragraph 1, must be effective, which means that they have to enable employers' and workers' organizations to have a useful say on the above matters. For this purpose, the consultations must be held prior to the adoption of a decision by the Government and sufficient time must be given to the representative organizations to enable them to make any comments that they consider useful. In view of the above, the Government is requested to indicate whether effect is given in the spirit of the Convention to the above provisions of Article 2 with regard to the report provided to the ILO on the application of ratified Conventions.

The Committee requests the Government to continue supplying detailed information in future reports on the consultations held on the matters enumerated in Article 5, paragraph 1(a), (b) and (c), and hopes that it will provide information on the consultations held concerning the report to be submitted to the ILO on the application of ratified Conventions (point (d)), taking into account the explanations provided in this observation.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the observations sent to the ILO Office for Central America and Panama by the Costa Rica Inter-Federal Committee. A copy of these observations was sent to the Government on 12 September 1997. The above-cited Committee alleges non-observance of ILO Conventions Nos. 81, 87, 98, 105, 111, 122, 135 and 144. As regards Convention No. 144, it alleges that the Government does not give effect to the provisions of Article 5, paragraph 1(d), under which the tripartite consultations provided for in the Convention must cover questions arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution.

The Committee notes the additional information supplied by the above-cited Committee in support of its allegations. Noting the information on the exchange of communications between the Committee and the Ministry of Labour, it is bound to remind the Government that, in its General Survey of 1982, it pointed out that under Article 2 of the Convention the consultation procedures on each of the matters listed in Article 5, paragraph 1, must be effective, in other words they must enable the employers' and the workers' organizations to comment usefully on the matters in question. For that to be so, the consultations must take place before the Government comes to a decision. In view of the foregoing, the Committee asks the Government to bring national practice into conformity with the provisions of the Convention.

The Committee also 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 points raised in this direct request and the previous one which read as follows:

1. The Committee notes the Government's report for the period ending June 1994, received in February 1995, and the supplementary information sent by the Government in a report received in October 1995.

2. With reference to the observations made by the Association of Customs Officers (ASEPA) in November 1994 in respect to the application of Convention No. 144, the Committee observes that the type of consultations held in a round table (mesa de concertación) are not of the type which must be conducted under the Convention.

3. Article 5, paragraph 1(c), of the Convention. The Committee takes due note of the consultations held in the framework of the Supreme Labour Council on the proposals related to the submission of Conventions and Recommendations. The Government has indicated in a communication dated 2 March 1995 to the ILO Office for Central America and Panama that a large group of Conventions adopted by the ILO which had not been the subject of consultations in the Supreme Labour Council has been withdrawn from the agenda of the Special Session of the Parliament. Having rectified this error, the Government proceeded to hold consultations in the framework of the Supreme Labour Council on a number of Conventions and Recommendations. The Committee would be grateful if the Government would continue to supply specific information on the results achieved in the Supreme Labour Council in the consultations held and on the subsequent treatment by the Legislative Assembly, for consultations on the submission of Conventions and Recommendations, in accordance with article 19 of the ILO Constitution.

4. Taking the aforegoing into account, the Committee notes that the information supplied by the Government does not allow it to ascertain in what way the other consultations required by the Convention were held, on the replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5, paragraph 1(a) of the Convention) and questions arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution (Article 5, paragraph 1(d)). The Committee is bound to repeat its previous direct requests, asking the Government to supply in its next report specific information on the consultations held on each of the matters set out in Article 5 of the Convention, including particulars on the frequency of consultations and indicating also any reports prepared or recommendations made as a result of these consultations.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the information supplied in reply to its previous comments, particularly in relation to the application of Articles 2, 4 and 6 of the Convention. It would be grateful if the Government would continue to supply information in its future reports on the implementation of the procedures established by virtue of Decree No. 20601.P of 5 August 1991, and particularly on the operation and activities of the Supreme Labour Council, with a view to illustrating the manner in which "effective" consultations are ensured in practice in the sense set out in the Convention.

Article 5. In its previous comments, the Committee noted that the Supreme Labour Council is responsible, under the terms of the above Decree of 1991, for studying proposals relating to the submission of ILO instruments, replies to questionnaires concerning items on the agenda of the International Labour Conference, and the examination of questions relating to the eventual ratification of Conventions. The Committee notes that the Government's report only indicates, in respect of Article 5, that it proposes to submit questionnaires on items on the agenda of the Conference to the Supreme Labour Council. The Committee requests the Government to supply information in its next report on the consultations held on each of the matters set out in paragraph 1 of Article 5 of the Convention, including information on the frequency of such consultations, which must be held "at least once a year". Please also provide information on the nature of any reports or recommendations issued as a result of these consultations.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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.

The Committee noted the text of Decree No. 20601-TSS of 5 August 1991 which establishes a tripartite Supreme Council of Labour which is charged, inter alia, with studying proposals which the Government will present to the National Assembly with respect to the submission of ILO Conventions and Recommendations, with studying government replies to questionnaires concerning items on the agenda of the International Labour Conference, and with examining at appropriate intervals questions regarding the eventual ratification of unratified Conventions and of the application of Recommendations to which effect previously had not been given.

The Committee asked the Government to provide further particulars on the following Articles in its forthcoming report:

Article 2 of the Convention. The Committee would be grateful if the Government, in its forthcoming report, would provide it with information concerning the operation of the procedures established under the Decree and, in particular, the operation of the Council, designed to ensure effective consultations in accordance with the Convention.

Article 3, paragraph 1, of the Convention. The Committee would be grateful if the Government, in its forthcoming report, would provide it with information concerning the operation of the procedures established under the Decree designed to ensure that the representatives of employers and workers are freely chosen by their organizations in accordance with the Convention.

Article 4, paragraph 2, of the Convention. The Committee would be grateful if the Government, in its forthcoming report, would inform it whether any arrangements have been made by the competent authority and the representative organizations for the financing of any necessary training of participants in the procedures established under the Decree.

Article 5 of the Convention. The Committee would be grateful if the Government, in its forthcoming report, would provide it with detailed information on any consultations which have taken place on each of the questions set forth in paragraph 1 of this Article, including the actual frequency of such consultations.

Article 6 of the Convention. The Committee would be grateful if the Government, in its forthcoming report, would provide it with a copy of any report issued by the competent authority in connection with the procedures established under the Decree.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes with interest the information submitted by the Government by its letter dated 8 August 1991, transmitting to the ILO the text of Decree No. 20601-TSS promulgated on 5 August 1991 by the President of the Republic and the Ministry of Labour and Social Security. The Decree establishes, under the authority of the Ministry of Labour and Social Security, a Supreme Council of Labour which is charged with bringing together representatives of the Government and of organisations of employers and workers for the purpose of consultations on ILO matters.

The Committee notes that the Council is charged, inter alia, with studying proposals which the Government will present to the National Assembly with respect to the submission of ILO Conventions and Recommendations, with studying government replies to questionnaires concerning items on the agenda of the International Labour Conference, and with examining at appropriate intervals questions regarding the eventual ratification of unratified Conventions and of the application of Recommendations to which effect previously had not been given.

The Committee further notes that the Decree provides that the Council shall be composed of three representatives of the Government nominated by the Executive, and of three representatives of employers and workers.

In connection with the above, the Committee would be grateful if the Government could provide further particulars on the following Articles in its forthcoming report:

Article 4, paragraph 2, of the Convention. The Committee would be grateful if the Government, in its forthcoming report, would inform it whether any arrangements have been made by the competent authority and the representative organisations for the financing of any necessary training of participants in the procedures established under the Decree.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in its report.

With reference to its previous comment, the Committee notes that the Government has still not provided information on consultations with the representative employers' and workers' organisations concerning the written consultation procedure referred to by the Government, as required by Article 2, paragraph 2, of the Convention. The Committee once more trusts that it will be possible for such consultations to be held in the near future and that the next report will indicate that they have taken place.

The Committee also trusts that the Government will be able to provide detailed information on any consultations that have taken place on each of the questions set out at Article 5, paragraph 1, and to specify the nature of any reports or recommendations resulting from such consultations.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the information supplied in the Government's last report.

In its earlier comments, the Committee asked the Government to state whether consultations had been held with the representative organisations, prior to the determination of the nature of the consultation procedures followed (Article 2, paragraph 2, of the Convention). The Government states that this is not yet the case but that it intends to consult the above organisations on the appropriate form of written consultations. The Committee trusts that it will be possible for such consultations to take place in the near future and that this will be confirmed in the next report.

The Committee also asked the Government to provide detailed information on the consultations held on each question enumerated in Article 5, paragraph 1, and on the frequency of such consultations. It notes that the Government provided a very general reply rather than the specific information requested. The Committee would be grateful if the Government would also state in its next report the manner in which effect is given to this provision of the Convention.