Costa Rica - 2012
Capital: San José

See collective bargaining agreement
in the public sector and there is a serious imbalance in the private sector between the very low number of collective agreements signed with trade union organisations and the number of direct arrangements with non-unionised workers.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
Costa Rica’s recent history has led the country to develop very close links with the U.S. economy, despite the wishes of the majority, which successive governments have disregarded. The policies being pursued by the current government led by President Laura Chinchilla would appear to be oblivious or indifferent to the risks this entails, and is leaving the market economy to steer the life of the country, turning a deaf ear to the alerts raised by social leaders and experts regarding the urgent need for protective measures and policies.
Rising social discontent over policies attacking the health and social security system, plus the lack of dialogue to produce negotiated solutions, led the Federación de Organizaciones de la Caja y la Seguridad Social (FOCASS) to hold a protest march in June to put pressure on the President of the Republic and the authorities governing the institution. The demonstration was calling for the Finance Ministry to make an immediate payment to the institution of 15% of the profits from public companies, in line with the study presented by the body. It also requested that a bill be introduced to remove the executive presidencies and restore autonomy to the Costa Rican Social Security Fund (CCSS). The action was, in addition, aimed at protecting the thousands of jobs being threatened by the attempts to restructure the institution and the social security system. Over 6,000 workers from the CCSS took to the streets of the capital to demonstrate in support of the demands.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: San José

reported violations- 2012
Trade union rights in law
Problematic areas exist in the law despite basic trade union rights being guaranteed. Workers have the right to join the union of their choosing without prior authorisation. However, there is no deadline for the administrative authority to decide on the registration of unions. Foreigners are not allowed to hold office or positions of authority in trade unions, and the law obliges the union’s general assembly to nominate its leadership each year. While anti-union actions are prohibited, the sanctions and redress procedures are slow and inefficient, and it can take four years to obtain a clear ruling.
The right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is recognised in the Constitution, but employers are also allowed to conclude direct agreements with non-unionised workers, even in places where a trade union organisation exists. Furthermore, the Supreme Court has, following complaints issued by the public authorities or a political party, declared many clauses of collective agreements in the public sector to be unconstitutional.
Finally, to hold a lawful strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, at least 60% of the people working in the establishment must approve of the action. The list of essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
exceeds the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
definition.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is recognized by law but strictly regulated.
In July 2009, a draft law was presented in Parliament entitled "Protection of employment in times of crisis", however it had not been adopted by the end of 2009. The proposal, which has been criticised by the unions, affects trade union protection rights, amongst other things.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
The ILO considers the sanctions and redress procedures for cases of anti-union action to be slow and inefficient. According to the High-Level Mission that visited the country in 2006, the sluggish procedures in cases of anti-union discrimination mean that it can take at least four years to obtain a clear ruling.
Restrictions
Legal barriers to the establishment of organizations:
- >Other formalities or requirements which excessively delay or substantially impair the free establishment of organisations
- The law does not set a deadline for the administrative authority to decide on the registration of unions.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- Foreigners are prohibited from holding office or positions of authority in trade unions. The law obliges the union's general assembly to nominate its leadership each year.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
Restrictions
Legal barriers to the recognition of collective bargaining agents:
- >Possibility to by-pass representative trade unions and bargain directly with workers' representatives
- The ILO has expressed concern at the disproportion ibetween the number of collective agreements and the number of direct agreements concluded with non-unionised workers. The "permanent workers' committees" and direct agreements have, in practice, had an anti-union impact and can even occur in places where a trade union organisation exists.
Restrictions on the principle of free and voluntary bargaining:
- >Authorities' or employers' power to unilaterally annul, modify or extend content and scope of collective agreements
- The Supreme Court has declared many clauses of collective agreements in the public sector to be unconstitutional, arguing on the basis of rationality and proportionality criteria, following complaints issued by the public authorities or a particular political party.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
Restrictions
Legal barriers to lawful strike actions:
- >Excessive representativity or minimum number of members required to hold a lawful strike
- To hold a strike, the law requires securing the approval of "60% of the people working in the company, establishment or business in question".
Limitations or ban on strikes in certain sectors:
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- The list of essential services, which are defined as activities directly linked to the national economy or public health, includes railway, maritime and air transport, and loading and unloading at docks and wharves, and as such is incompatible with the ILO definition of essential services.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: San José

reported violations - 2012
In practice
The ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
’s supervisory bodies have repeatedly pointed out the slowness and inefficiency of the procedures to sanction and redress anti-trade union actions, the cancellation of clauses in some collective agreements and the serious imbalance between the number of collective agreements and “direct arrangements” with non-unionised workers.
It is almost impossible to form and run trade unions in the private sector, owing to the combined effect of the promotion of “solidarismo” and employer opposition. Employers sometimes use methods that go against both the law and moral standards in order to discourage the formation of new trade unions or destroy existing ones. The Rerum Novarum Workers’ Confederation (CTRN) reported that the ANFO company refused to recognise the SITRAPECORI union. Workers at the Chiriquí Land Company also faced difficulties in negotiating collective agreements.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: San José

reported violations - 2012
Violations
See collective bargaining agreement
has constitutional status, in practice it supports organisations set up as an alternative to trade unions. In April 2010, moreover, a regulation was passed granting "solidarista” organisations the same status as bona fide trade unions. There are only around 13 collective agreements in the country, while more than 74 direct arrangements have been signed. This has led to a fall in trade union membership, with less than 3% of workers belonging to a union. In contrast, some 300,000 workers come under the company-sponsored “solidarista” system.
See collective bargaining agreement
to be recognised rather than “solidarista” associations, as well as for due compensation in the event of dismissal. The agricultural workers’ union publicly condemned fruit company BANACOL for refusing to accept the decision of the court of second instance, ordering it to compensate the workers that had been unfairly dismissed.
On 25 November, workers at Fincas 1, 2, and 3 of the Corporación de Desarrollo Agrícola Del Monte, in Sixaola, Limón, held a meeting regarding the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
called to consolidate the development of the union and collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
. The strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, which was supported by 90% of the workers employed on these estates, was carried out in a peaceful manner.
The workers, who had been on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
for over 14 days, were threatened, humiliated and attacked by the company managers who, as well as not paying their wages (in a clear breach of the law), ordered all credit to be cut off at the Solidarista Association. They also closed the canteen that provides them with food and spread rumours that dismissals were going to be made so that the local businesses would not give the strikers credit. The company hired strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
breakers to cut and prepare the bananas for packing. The local school refused to feed the strikers’ children.
After a 22 day strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
involving over 600 workers, most of whom are Guaymi indigenous people and Nicaraguan migrants, the action came to a successful end, demonstrating that the Permanent Workers’ Committee and the infamous “direct arrangements” used by the management to avoid unionisation and collective agreements do not have the workers’ support.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: San José
