Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

1. Freedom to leave employment. The Committee notes the information provided by the Inter-Confederal Committee of Costa Rica, dated 26 August 1997, alleging the violation of several Conventions ratified by Costa Rica, and it also notes the comments made by the Government, dated 9 June 1998.

In its comments, the Inter-Confederal Committee indicates that, under section 14 of the regulations with respect to first division matches and competitions, all professional teams must, as employers, register their list of players with the Competition Department of the Costa Rican Football Federation, a private association composed of football employers. Without such registration, no football player may work officially in the employment of a sporting association. Under section 32 of the same regulations, if a footballer wishes to change employer, he must be removed from the list of players of the team for which he works. Furthermore, the Committee notes that article 6 of the FIFA Regulations governing the Status and Transfer of Football Players establishes, among other requirements for the approval of a new contract of employment, that the transfer has been carried out in accordance with the association's regulations where the transfer is from one club to another within the national association. The Inter-Confederal Committee indicates that, under sections 33 and 36 of the regulations with respect to first division matches and competitions, the removal of a player from the register prior to a change of employer may be permitted at the request of the employer, in accordance with the clauses of a contract of employment or by decision of an arbitration tribunal operating within the structures of the Football Federation.

In its comments, the Inter-Confederal Committee of Costa Rica alleges that, in practice, the employment contracts of footballers do not contain clauses covering the expiry of the contract or permitting the footballer to request his removal from the register. This practice, according to the Inter-Confederal Committee, means that footballers are in a situation of being contracted for life and, with regard to their removal from the list of players, they are dependent on the wishes of their employer. Furthermore, the Inter-Confederal Committee alleges that, when a footballer wishes to change employer, he is required to pay a sum of money or sign a discharge stating that nothing is owed to him under the terms of the labour legislation, under penalty of not being removed from the list.

The Committee notes that removal from the register, as a prerequisite for ceasing or changing employment, is not dependent on the wishes of the worker, but on the actions of the employer. The worker is therefore constrained to continue an employment relationship which was freely entered into, but which it should be possible for him to bring to an end, if he so wishes, by giving a reasonable period of notice.

The Committee would be grateful if the Government would provide its comments on the allegations made by the Inter-Confederal Committee of Costa Rica with regard to the freedom of footballers to leave their employment, the practice of footballers' removal from the register as well as information on any measures which have been taken or are envisaged to ensure compliance with the Convention in this respect.

2. Article 2, paragraph 2(c), of the Convention. With reference to its general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoner's work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.