Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 81) sur l'inspection du travail, 1947 - Costa Rica (Ratification: 1960)

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 2 September 2015. The Committee requests the Government to provide its comments in this regard.

The Committee also notes the Government’s reply to the previous observations of the CTRN, dated 30 August 2012.

Articles 3, 10, 11 and 16 of the Convention. Need to remove conciliation from the functions of labour inspectors so that they can discharge the duties prescribed by the Convention, and adequacy of the number of labour inspectors and means of transport for the needs of the inspection services. The Committee recalls the recommendation in the 2012 needs assessment of the ILO concerning the availability of a database to which the inspection services have access containing useful data, such as workplaces liable to inspection. In its 2012 observations, the CTRN alleged that the number of labour inspectors is insufficient in view of the increasing volume of work, that the great majority of inspectors in provincial and cantonal inspection services dedicate at least 40 per cent of their working time to cases related to conciliation and that inspectors perform work of an administrative nature in view of the lack of personnel to carry out such work. The CTRN also alleged that there were infrequent inspections, a shortage of means of transport and inadequate office equipment for the use of inspectors.

In reply, the Government indicates that the country has a system of inspection that is in conformity with the provisions of the Convention. There has been an increase in inspections following the separation of inspection and conciliation into different offices. The Government also refers to the activities carried out in the framework of the Plan of Priority Action to Strengthen Labour Inspection in relation to the administration of the Labour Information and Case Administration System (SILAC). It also notes that in the 2013 Plan of Action priority has been given to improving the SILAC with a view to ensuring that the information they contain is as comprehensive as possible, and to the development of an application to import data from databases of workplaces that are available in other institutions.

With regard to changes in the number of labour inspectors, the Committee notes the Government’s indication that, as a result of the adoption of Directive No. 023-H-2015 on the freezing of staffing levels, the Ministry of Labour and Social Security (MTSS) issued a circular indicating that vacancies in the Ministry arising due to retirement or other reasons have to be filled through internal competitions with a view to maintaining the number of officials in the Ministry. The Committee notes that in 2014 there were 100 inspectors in six regional departments, and that there were 98 in 2015 in the same number of regional departments. It also notes that a total of 13,435 initial inspections were carried out in 2014 for a total of 80,691 employers.

Emphasizing that, in the absence of data on workplaces liable to inspection and the workers engaged therein, it is impossible to assess the adequacy of the numbers of labour inspectors in relation to inspection needs, the Committee refers the Government to its 2009 general observation and requests it to take the necessary measures to promote and develop cooperation with other government bodies and public or private institutions (tax services, chambers of commerce, social security bodies, etc.) in possession of relevant data with a view to the establishment and regular updating of a register of workplaces liable to inspection. The Committee also requests the Government to take the necessary measures to remove the function of mediation from labour inspectors and as far as possible relieve them from other duties of a purely administrative nature so that they can devote themselves to the discharge of their inspection duties and the provision of information and advice, as set out in the Convention.

Article 12(1)(a) and (b). Right of free access of inspectors to workplaces. For many years, the Committee has emphasized the need for the national legislation, and particularly section 89 of the Basic Act on the Ministry of Labour, to be brought into conformity with Article 12(1)(a) of the Convention. The Committee notes from the information provided by the Government that no measures have been adopted in this regard. The Committee encourages the Government to take the necessary measures to amend the legislation in the near future so that labour inspectors are authorized to enter freely and without notice, at any hour of the day or night, any workplace liable to inspection, even if work is not carried on by night, and requests it to provide information on any developments in this regard.

Articles 12(2) and 15(c). Notification to the employer of the presence of the inspector when carrying out an inspection and the principle of confidentiality. In its previous comments, the Committee recalled that since 2004 it has been requesting the Government to adopt the necessary measures to ensure that the legislation authorizes inspectors to refrain from notifying their presence to the employer or to his or her representative during an inspection where they consider that such notification may be prejudicial to the discharge of their duties. The Government indicates that there have been no changes in this regard in the Handbook of Legal Procedures of the Labour Inspectorate. The Committee hopes that the Government will ensure that the legislation is supplemented with a provision in this respect and requests it to provide copies of any relevant texts. Also reiterating that, in the cases of inspections based on a complaint or denunciation, the fact that the inspector indicates the scope and objectives of the inspection at the outset, as indicated in the Handbook of Procedures referred to above, is an obstacle to the principle of confidentiality set out in Article 15(c) of the Convention, the Committee once again requests the Government to take the necessary measures to amend the Handbook of Procedures to take these observations into account.

The Committee is raising other matters in a request addressed directly to the Government.