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

The Committee notes the Government's report.

1. The Committee recalls that its earlier comments referred to the exclusion of agricultural enterprises and those raising cattle permanently employing no more than five workers from the scope of the 1943 Labour Code (section 14(c)). In this respect, the Committee recalls that under the Convention the workers in question also enjoy the right to organize and bargain collectively, as well as adequate protection for the exercise of these rights. The Committee asks the Government to take steps to delete specifically this section of the Labour Code and ensure respect of these rights, and to provide information in its next report on all measures adopted accordingly.

2. Moreover, the Committee recalls that its previous comments also referred to the prohibition of the right to strike in the agricultural, cattle and forestry sectors (section 369(b) now section 376(b) of the Labour Code) and noted that in August 1997 the Government had submitted to the Legislative Assembly a Bill revoking this prohibition. In this connection, the Committee in its examination of the application by Costa Rica of Convention No. 87, noted with interest that in February 1998 the Constitutional Chamber of the Supreme Court of Justice declared the prohibition of the right to strike in the public sector and in the agricultural, cattle and forestry sectors unconstitutional. In order to remove all ambiguity in respect of this question, the Committee requests the Government to repeal the provision of the Labour Code- possibly by means of the abovementioned Bill submitted to the Legislative Assembly- and provide information in its next report on all measures adopted in this respect.

[The Government is requested to report in detail in 2000.]