PRINCIPLES AND RIGHTS AT WORK

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PRINCIPLES AND RIGHTS AT WORK IN THE CONTEXT OF
THE TWELFTH INTER-AMERICAN CONFERENCE OF
MINISTERS OF LABOUR OF OAS. SELECTED COUNTRY
COSTA RICA
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GENERAL OBJECTIVE

• AN ANALYSIS OF THE DEGREE OF COMPLIANCE IN COSTA
  RICA WITH THE FUNDAMENTAL PRINCIPLES AND RIGHTS
  AT WORK.

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• In the Dominican Republic, the Tripartite
  Subregional Meeting on Labour Relations, Social
  Dialogue and Democratic Governance Towards a
  Labour Agenda , was held in Santo Domingo in May
  2002 under ILOs auspices.

PRODUCT Santo Domingo Agreement for the
Adoption of a Central American Labour Agenda
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The Santo Domingo Agreement is designed to
foster A) Generation of decent work, B)
Compliance with each countrys labour legislation
in accordance with ILO Conventions 87 and 98, 29
and 105, 138 and 182, 100 and 111, C)  Respect
for the principles embodied in the ILO
Declaration on Fundamental Principles and Rights
at Work, promotion of employment and decent work,
adoption of adequate occupational safety and
health practices, and promotion of gender
equity,  D) Stronger social dialogue between
workers and employers as partners in the
production process, as well as bipartite and/or
tripartite fora,  E) Support for action
programmes on the issue of labour migration in
the Subregion and the prepartion of related
studies,  F) Equal opportunities and treatment
for men workers and women workers.
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• Costa Rica and compliance with the fundamental
  principles and rights embodied in the ILO
  Declaration and the Santo Domingo Agreement
• Freedom of association and the effective
  recognition of the right to collective
  bargaining,
• The effective abolition of child labour, and the
  prohibition of all forms of forced or compulsory
  labour,
• c) Elimination fo discrimination in respect of
  employment and occupation,
• d) Actions against gender-based discrimination,
• e) Equal rights and immigrant workers.

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A) Freedom of association and the effective
recognition of the right to collective
bargaining.

• LEGAL INSTRUMENTS
• The ILO Conventions on freedom of association,
  the right to organise, and collective bargaining
  (C.87 y C.98)
• - Decreto Ejecutivo (executive order) 29576-MTSS
  of 31 May 2001, regulating collective bargaining
  in the Public Sector.
• Resolución Ministerial (ministerial resolution)
  n. 346-98 of 14 August 1998 and Resolución
  Ministerial 967-2000 of 11 September 2000.
• Labour Code (Código de Trabajo).
• Bills in Parliament providing for the
  ratification of ILO Conventions 151 and 154,
  given that they strengthen the application of ILO
  Convention 98.

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B) Abolition of child Labour

• LEGAL INSTRUMENTS
• Ratification of ILO Convention 138 (1974)
• - Ley (statute) 7184 of August 1990. Costa Rica
  ratifies the Convention on Childrens
  Rights.
• - Memorandum of Understanding signed by us with
  the ILO in June 1996 and renewed in June 2003,
  whereby we adhere to the International Programme
  on the Elimination of Child Labour (IPEC).
• Decreto Ejecutivo 25890-MTSS of March 1997,
  amended by Decreto Ejecutivo 25517-MTSS.
• Decreto Ejecutivo 27516-MTSS of December 1998.
• National Plans for the Prevention, Progressive
  Elimination of Child Labour and the Protection of
  Young Persons of, respectively, December 1998 and
  2003 the latter being in force until 2010.
• Code on the protecton of children and young
  persons (Ley 7739 of 6 February 1998 Código de
  la Niñez y Adolescencia).
• - Statute against the sexual exploitation of
  minors (1990)
• - Decreto Ejecutivo 29220-MTSS, of 10 January
  2001, regulating labour contracts and
  occupational health standards for young persons.
• ILO Convention 182, ratified on 31 July 2001, on
  the worst forms of child labour.

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C) Actions in respect of employment and occupation

• LEGAL INSTRUMENTS
• The National Employment Policy being developed
  by the High Council on Labour
• Programmes for unemployed workers
• Equal rights and jobs guaranteeing no
  discrimination in employment
• Amnesty programmes for migrant workers
• Hire of Panamanian indigenous migrant workers
• DNES Labour Brokerage Service

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D) Actions against gender-based discrimination

• LEGAL INSTRUMENTS
• - Actions against gender-based discrimination
• - Actions aimed at providing external training on
  womens labour rights
• - Preparing a Handbook on best labour practices
  and Rules on its application to public and
  private organizations in Costa Rica. (Research
  entrusted to the Department of Labor of the
  United States in addition to ILO and INAMU.
• The newly added Title Eleven of the Labour Code
  prohibits discrimination at work based on age,
  ethnic group, gender or religion. Another Decreto
  Ejecutivo later expanded the concept to include
  other factors including colour, age, gender,
  disability)
• Bill in Parliament, reforming Chapter XIII of
  the Labour Code so as to reduce the number of
  working hours for domestic women workers.
• Bill in Parliament n. 14983 (Ley de Incentivos a
  la Contratación de Personal Femenino en la
  Empresa Privada), providing incentives for
  private enterprises to hire women workers.
• Preparation of four labour orientation guidebooks
  on
• Professional information on employment and the
  labour market educational opportunities
  vocational and occupational orientation and job
  search technique.

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E) Equal rights and immigrant workers

• LEGAL INSTRUMENTS
• Draft agreement to regulate migration flows for
  purposes of employment between Costa Rica and
  Nicaragua the urgent need to improve the
  institutional capacity of both countries is
  recognized, especially in the areas of
  employment, labour migration and labour
  inspection, in order to coordinate, supervise and
  carry out technical research making it possible
  to identify conditions and opportunities of
  employment in various productive sectors.
• Bills in Parliament the future new statute on
  migration and foreigners currently being debated
  by the General Assembly, and legislation doing
  away with the current recognition of the job
  brokers role in the Labour Code.
• Provisional agreements providing for controlled
  movements of labour governmental institutions
  liaise with businesses requiring labour in the
  coffee, banana, sugar cane, melon and orange
  growing industries.

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E) Equal rights and immigrant workers

• Activities taking place in the MTSS, the Labour
  Directorate, and the Labour Migration Technical
  Area
• Technical research in the labour market by sector
  of economic activity.
• The focus is on informing and orienting
  unemployed workers, whether nationals or
  foreigners, on job opportunities inside the
  country.
• Actions are undertaken to protect the unemployed.
• Labour inspections at work centres in order to
  verify compliance with labour rights and basic
  employment standards for national and migrant
  workers.
• Coverage is provided to persons with a refugee
  status accredited by the Directorate General in
  charge of Migration and Foreigners, based on the
  1951 United Nations Convention and Protocol on
  Refugees.