Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Costa Rica

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1960)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1972)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the joint observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers’ Movement Central (CMTC) and the Juanito Mora Porras ANEP Social Centre (CSJMP), received on 1 September 2025, on the application of Conventions Nos 81 and 129. The Committee also notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), which were sent together with the Government’s reports.

Legislative developments. The Committee notes that, in its reports, the Government indicates that Bill No. 21.706, entitled “Strengthening the National Labour Inspection Department (DNI)” was archived on 24 November 2023. The Committee also notes that the ILO Office in San José provided technical assistance, which resulted primarily in the issuance of an evaluation report with findings and recommendations, and that the Higher Labour Council (CST) approved, in the session of 27 August 2024, an agreement to implement a social dialogue road map to strengthen labour inspection. The Committee notes that, according to the Government’s indications, in February 2025, the National Labour Inspection Forum was held, of which the result was a report that included inputs that will be taken into consideration in a new draft bill that is currently being developed, and that prior to being submitted as an initiative before the Legislative Assembly, the draft bill will be subject to tripartite dialogue within the Higher Labour Council (CST). The Committee notes that, in its observations, the UCCAEP indicates that the new draft bill is the same as Bill No. 21.706, with slight changes, which is why the private sector is completely opposed to it. Recalling that the Government may avail itself of the technical assistance of the Office, the Committee requests the Government to: (i) ensure that the Bill to strengthen the labour inspection system is in full conformity with the provisions of both Conventions; and (ii) to provide information on any progress achieved in this respect.

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Additional duties of labour inspectors. The Committee notes that, in reply to its previous comment, the Government indicates that, currently, no inspectors working in the six regional offices in the country carry out conciliation activities, which are within the sole competency of the Ministry of Labour and Social Security. The Committee also notes that, according to the indications of the CTRN, the CMTC and the CSJMP, since the implementation of the 2017 labour procedures reform, labour inspectors have been assigned the task of supervising the special voting procedure for declaring a strike and drawing up the corresponding report. In this regard, the Committee recalls that, in conformity with the provisions of both Convention, further duties should only be entrusted to labour inspectors provided that they do not interfere with the discharge of the labour inspectors’ primary duties. The Committee requests the Government to take the necessary measures to ensure that labour inspectors can devote themselves to the discharge of their inspection duties and the provision of information and advice, as set out in the Conventions, and to provide information on any progress achieved in this respect.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Adequacy of the number of labour inspectors and measures necessary for inspection. The Committee notes that, according to the Government’s indications, the labour inspection services are facing significant structural challenges that limits their effectiveness. According to the Government, the DNI has approximately 97 labour inspectors based in 26 offices, and a limited number of vehicles (around 35 vehicles), some of which have been loaned by other state institutions. The Committee also notes that: (1) the statistical information provided by the Government regarding the period 2021–24, in particular the number of employers and workers covered by inspections, and the number of inspection visits; (2) the use of a chat room to respond to queries and complaints; (3) the introduction of an application to conduct virtual inspections; (4) the provision of personal protective equipment, such as helmets and safety shoes; (5) the acquisition of laptops; (6) the extension of the travel allowances necessary to conduct inspections, taking into consideration the remoteness of certain workplaces; and (7) the implementation of the new Comprehensive System for the National Labour Department (SIDNI). The Committee notes that the CTRN, the CMTC and the CSJMP, based on the 2024 reports of the Ombudsperson, once again denounce the lack of human and material resources available to the DNI, and indicate a serious lack of coverage in the banana sector. They furthermore observe that the Government’s reports do not mention any strategy to recruit new inspectors and provide the following observations: (1) while section 679(a) of the Labour Code establishes that 50 per cent of the total amount collected from fines imposed as a result of labour violations must be allocated to the DNI for the improvement of its labour inspection systems, since 2019, this money has not been allocated; (2) the Comprehensive System for the National Labour Department (SIDNI) does not resolve issues of access to inspection cases, as, currently, it is only possible to submit a complaint, but not to access the file, the inspection reports, or other proceedings within the inspection process; and (3) the application to conduct virtual inspections may result in a biased verification of compliance with conditions of work. The Committee requests the Government to provide its comments in this regard. Welcoming the measures already adopted, the Committee requests the Government to pursue its efforts to ensure that the DNI has adequate human and material resources so that labour inspectors are able to perform their duties as often and as thoroughly as is necessary to ensure the effective application of the provisions of both Conventions. The Committee requests the Government to continue to provide information on the number of inspectors actually working and their geographical distribution, the number of inspections conducted, and the material means at the disposal of inspectors.

Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Free access of labour inspectors to workplaces. The Committee notes that, according to the Government’s indications: (1) section 89 of the Basic Act governing the Ministry of Labour and Social Security authorizes labour inspectors to visit workplaces, irrespective of the nature or activity of those workplaces, and to do so during the day or even at night; and (2) for several years, voluntary inspections have been conducted at different times. The Committee notes with regret that section 89, which explicitly limits the right of inspectors to visit workplaces where work is carried out at night, has not yet been amended. The Committee urges the Government to ensure, without delay, that national legislation is brought into full conformity with the provisions of both Conventions that require labour inspectors provided with proper credentials to be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, regardless of whether the work is carried out at night.

Articles 12(2) and 15(c) of Convention No. 81 and Articles 16(3) and 20(c) of Convention No. 129. Notification of the inspector’s presence when carrying out an inspection and the principle of confidentiality. The Committee has for several years been requesting the Government to adopt the necessary measures to ensure that the legislation authorizes inspectors to refrain from notifying their presence where they consider that such notification may be prejudicial to the discharge of their duties, and to incorporate the obligation of confidentiality with regard to complaints, and notes with regret that no such measures have yet been adopted. The Committee notes the Government’s indications that the DNI continues to work on the development of the new Manual of Legal Procedures of the Labour Inspectorate in coordination with the ministerial authorities, and that pending the adoption of the new Manual, internal guidelines have been issued to supplement or cover areas where gaps or opportunities for improvement in inspection activities were identified. In this regard, the CTRN, the CMTC and the CSJMP allege that these guidelines are not publicly available and are constantly changing, thereby creating serious legal uncertainty. Noting these observations, the Committee urges the Government to take the necessary measures to ensure that the legislation authorizes inspectors to refrain from notifying their presence where they consider that such notification may be prejudicial to the discharge of their duties, and to incorporate into the legislation the obligation of confidentiality with regard to complaints. The Committee requests the Government to provide information on the progress achieved in this respect.

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