Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 - Costa Rica (Ratification: 1959)

The Committee notes the Government’s report for the period ending June 2000. It has also noted the communication from the Rerum Novarum Confederation of Workers (CTRN), a copy of which has been sent, in September 2000, to the Government which is requested to submit any comments it wishes to make in reply.

The CTRN criticizes the application of sections 150 and 152 of the Labour Code in practice. According to section 150, paragraph (d), commercial establishments have the possibility to remain open on mornings on Sunday and national holidays. According to the CTRN, the employers concerned do not respect the obligation to close in the afternoon. Furthermore, section 152, which specifies a sanction of double remuneration for the worker forgoing weekly rest, does not appear to deter employers’ threat of reprisals that discourages workers from denouncing abuses and renders labour inspections ineffective.

The Committee wishes to recall that, under the terms of Article 7(2) of the Convention, weekly rest should be provided for each period of seven days to persons to whom special schemes for weekly rest are applied. In this regard, it points out that sections 150 and 152, which permit a general derogation from the provisions of Article 6 of the Convention, should conform to the limits imposed in Article 7(1), which prescribes the conditions under which special schemes for weekly rest can be taken.

In view of the provisions of abovementioned sections 150 and 152, the Committee requests the Government to envisage amending the national legislation to bring it into full conformity with the provisions of the Convention. The Government is asked to indicate in its next report how the national legislation will then ensure that in the course of each period of seven days at least 24 consecutive hours are strictly granted in commercial establishments as provided for in Article 6 of the Convention. The Government is also requested to indicate the way in which the national legislation gives effect to Article 7, paragraph 2, of the Convention which specifies that all persons to whom special schemes apply shall be entitled, in respect of each period of seven days, to a rest period of not less than 24 hours.

Lastly, the Government is asked to communicate in future all reports of the inspection services and any available statistics that could provide information on the manner in which the Convention is applied in practice, as requested in Part V of the report form.