Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 2 and 6 of the Convention. Daily hours of work and overtime. Further to its previous comments relating to sections 136, 139 and 140 of the Labour Code, and Bill No. 16.030, the Committee notes the Government’s indication that the Bill is still under discussion by the Human Rights Commission of the Legislative Assembly. It notes that the discussions addressed the issues of the effects of the globalization of the economy and the current situation in which there is a trend towards ever greater flexibility of working time. The Committee also notes that the discussions focused on the provisions of article 58 of the Constitution which, while limiting hours of work to eight in the day and 48 in the week, allows in exceptional cases the adoption of different working time arrangements by law. The Committee also notes the indication that, in view of the needs arising out of the globalized economy, it is necessary to promote social dialogue with a view to adapting working time to the needs of enterprises and workers, while respecting international standards and ILO principles.

Furthermore, with regard to the comments made by the Confederation of Workers Rerum Novarum (CTRN) that Bill No. 16.030 proposes amendments to the Labour Code which are in total contradiction to the provisions of the Convention and would be prejudicial to the professional, social and economic interests of workers, the Committee notes the Government’s reply that the Bill is intended to introduce new forms of the organization of working time in clearly defined exceptional cases and in accordance with provisions of the Constitution, with a view to adapting industrial relations to the new dynamics of the labour market, which impose almost continuous working. The Government adds that the trade union provides no evidence or legal provisions in support of its allegations and that, as the Bill is still under discussion, the Labour Code has not yet been reformed and it is not possible at this stage to foresee the impact of Bill No. 16.030 in practice. In this respect, the Committee wishes to recall, as it noted previously, that although the Bill is intended to improve conditions of work and protect the rights of workers, the amendments proposed are nevertheless contrary to the provisions of the Convention.

In this respect, the Committee notes the formal request for technical assistance made by the Government to the Subregional Office in San José on 28 May 2009 with a view to bringing the provisions of Bill No 16.030 into conformity with those of the Convention. The Committee hopes that the Government will take into account the numerous comments that it has made previously, particularly with regard to maximum daily hours of work and overtime hours. It also trusts that the Office will offer its services through the preparation of detailed technical comments on any draft legislation that the Government may wish to refer to it for examination. Finally, it hopes that the Government will soon be in a position to report progress in the adoption of new legislation respecting the arrangement of working time that is fully in conformity with the provisions of the Convention.

[The Government is asked to reply in detail to the present comments in 2010.]