Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Costa Rica (Ratification: 1972)

The Committee notes the Government’s reports and the attached documents. Further noting the establishment of the MATAC-ILO (Modernization of the Central American Labour Administration) project, it requests the Government to communicate additional information on the following points.

Article 14 of the Convention.  The Committee notes the information concerning the number and geographical distribution of labour inspectors. It would be grateful if the Government would supply precise information regarding the manner in which effect is given in the agricultural sector to the provisions of this Article of the Convention, including the number of agricultural undertakings liable to inspection. The Government is also requested to provide a copy of the Regulations governing the organization of the labour inspection services mentioned in its report received in October 2000.

Article 15(2).  The Committee notes that effect is given to this provision under Act No. 3462 (amended) of 26 November 1964. It would be grateful if the Government would communicate a copy of the version in force of the above law, as well as all its implementing texts, and would supply details of the practical modalities to reimburse labour inspectors in agriculture any travelling and incidental expenses which may be necessary for the performance of their duties.

Article 18(4).  The Committee notes, under Decree No. 21952 of 15 January 1993, which completes Decree No. 13466 of 1982, that, where necessary, workers or their representatives shall also be notified in writing of preventive measures regarding occupational safety. It requests the Government to supply a copy of this text in its entirety.

Article 21.  Noting that around 1,200 inspection visits are carried out annually across the country, the Committee would be grateful if the Government would specify whether this number applies to agricultural undertakings alone and, if appropriate, the Government is requested to indicate the total number of agricultural undertakings liable for inspection.

Article 24.  Noting the information that the amount of fines for contraventions of labour legislation has been increased by Act No. 7360 of 4 November 1993 amending the Labour Code, the Committee would like to draw the Government’s attention to the advantage of adopting the regulatory procedure for the fixing and updating of this amount, the aim being to allow financial penalties to change in line with the evolution of the monetary situation and retain a dissuasive character. The Committee would be grateful if the Government would send a copy of the above Act to the ILO, as well as all its implementing texts, and invites the Government to consider the possibility, as part of the measures implemented by the MATAC-ILO project, of instituting the regulatory method of updating the amounts of sanctions applicable in cases of contravention.

Articles 25, 26 and 27.  With reference to its earlier comments and to the earlier request of the Government for technical assistance regarding the computerization of statistical data, the Committee hopes that the question of drawing up periodical reports and the annual inspection report will form part of the MATAC-ILO project. It notes that the annual statistical report published by the National Directorate of Labour Inspection concerns all sectors of the economy, including agriculture. Recalling to the Government, as it stressed in paragraphs 272 and 273 of its General Survey of 1985 on labour inspection, the importance it attaches to annual inspection reports containing the information required on the subjects listed in Article 27(a)-(g), the Committee requests the Government to take the necessary steps to ensure, in conformity with the basic objectives dealt with under paragraphs 279-281 of the above General Survey, that an annual report on the work of the inspection services in agriculture be regularly published and transmitted to the ILO in the time limits set forth under Article 26, either in the form of a separate report, or as part of the central authority’s general annual report, as provided under Article 26(1).

Progress in the implementation of the MATAC-ILO project. The Committee would be grateful if the Government would supply information regularly in its next reports on the action undertaken to modernize the labour inspection system under the MATAC-ILO project, and on all consequent progress achieved in the application of the provisions of the Convention.

Labour inspection and child labour. Noting the interest expressed by the Government regarding the question of child labour raised in the 1999 general observation, the Committee would be grateful if the Government would ensure that information on the action taken or envisaged through labour inspection to combat the abusive exploitation of child labour is transmitted regularly to the ILO and brought to the attention of the social partners, with a view to engaging their assistance in this field.