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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration), 111 (discrimination in employment and occupation) and 156 (workers with family responsibilities) together.
The Committee notes the observations made by the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), transmitted with the Government’s report. It also notes the 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. The Committee requests the Government to provide its comments in this respect.

Part I. Conventions Nos 100 and 111

Convention No. 111 – National policy to promote equality of opportunity and treatment in employment and occupation

Articles 1 to 3. National policy on equality of opportunity and treatment in employment and occupation. National extraction. Migrant workers. The Committee notes the information in the Government’s report on the project to develop the action guidelines on labour migration for public officials of the National Labour Inspectorate and associated bodies, which aim to facilitate understanding of the phenomenon of labour migration, propose alternatives for advising and training workers and employers, and set out guidance for collaboration among the competent bodies. The Committee notes this information, which addresses its previous request.
Race and colour. Afro-descendants. The Government indicates that the National Policy for a society free from racism, racial discrimination and xenophobia 2014–25 will conclude in December 2025 and that work has begun on a new national strategy targeting the Afro-descendants, indigenous peoples and migrants, which will include measures to update public services and promote cultural change towards equality. It also indicates that it still does not have disaggregated information on the situation of persons of Afro-descendants, indigenous peoples and migrants in all the country’s public services. The Committee requests the Government to: (i)provide information on the results achieved through the National Policy for a society free from racism, racial discrimination and xenophobia 2014–25; (ii) indicate the progress made in developing the new national strategy targeting Afro-descendants, indigenous peoples and migrants; and (iii) when available, provide the statistics concerning access and participation in employment and occupation of persons of African descent.
Real or perceived HIV/AIDS status. With regard to its previous comments, the Committee notes the Government’s indication that national legislation in general, including section 404 of the Labour Code and section 380 of the Criminal Code, is available to the public through the National System of Current Legislation (SINALEVI). The Committee notes from the information provided by the Government that: (i) between 2022 and 2024, the National Labour Inspectorate did not receive any complaints of discrimination on grounds of real or perceived HIV status; and (ii) the courts have heard cases of dismissal for HIV-related discrimination, including ruling No. 01635-2019, concerning the discriminatory dismissal of a worker diagnosed as HIV-positive, which resulted in an enforced sentence to pay moral damages and lost wages to the worker concerned. The Committee notes this information, which addresses its previous request.
Sex. National gender equality policy. The Committee notes the information provided by the Government on the implementation of the 2023–26 Action Plan of the 2018–30 National Policy for effective gender equality (PIEG), which includes measures such as: (1) the promotion and monitoring of women’s labour rights, including the training of labour inspection and judicial officials (32 per cent of such officials in 2023 and 98 per cent in 2024); (2) the employment mediation and guidance services offered to women through the National Employment Agency (ANE), with an information registry disaggregated by sex, occupation and region; (3) the allocation of resources to support women’s entrepreneurship and women-led enterprises, provided to 10,427 women in 2023; (4) technical training for 3,824 women in care occupations and STEAM (science, technology, engineering, arts and mathematics) areas, as well as measures to facilitate women’s access, retention and graduation in STEAM careers; and (5) training provided through the Gender Equality Seal programme to public and private institutions to close gender gaps. The Committee welcomes the Government’s updated statistical information on labour market participation for 2021–24, which shows that the activity rate for women in 2024 was 45 per cent, compared to 68.7 per cent for men, while the employment rate reached 41.5 per cent for women compared to 64.3 per cent for men. The Committee notes that the CMTC and CSJMP refer to Bill No. 24.290, which provides for an extension of the normal working day to 12 hours in certain cases, which could affect access to employment and occupation for women, whose unemployment rate already exceeds that of men. It also observes the recommendation of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) to the State party to “strengthen initiatives to promote women’s equal representation in the private sector, including by providing financial incentives for private companies to adhere to the Gender Equality Seal, the Gender Parity Initiative and the Women’s Empowerment Principles, as well as for the recruitment of women to leadership positions, including in non-traditional sectors” (CEDAW/C/CRI/CO/8, 2 March 2023, para. 32(c)). The Committee requests the Government to report on the results of the 2023–26 Action Plan of the PIEG and other measures taken to continue to promote gender equality in employment and occupation. It also requests the Government to provide its comments on the observations of the trade union confederations regarding the possible negative impact on women’s access to employment of Bill No. 24.290.
Sexual harassment. The Committee notes the Government’s indication that, between 2022 and 2025, the National Labour Inspectorate handled a total of 80 cases of sexual harassment, achieving compliance with inspection orders in 48.3 per cent of them. It also notes the information relating to the judiciary, according to which 67 complaints were filed in 2024 (61 by women and six by men) and 20 complaints were filed between January and April 2025 (18 by women and two by men). The Committee also notes the Government’s information that, in relation to cases concluded in 2024, the penalties imposed by the judiciary included two three-month suspensions and three suspensions of three to eight days, while the other proceedings are still under way. In addition, the Ministry of Labour and Social Security (MTSS) has carried out awareness-raising activities, including eight talks on sexual and work-related harassment. The Committee notes that the UCCAEP refers to the need for greater publicity and visibility of the promotion and awareness-raising activities on sexual harassment, and that the CMTC and CSJMP indicate that cases of sexual harassment have increased in the public sector, and refer to data from the Office of the Ombudsperson, showing that the number of cases settled rose from 225 in 2021 to 452 in 2023. The Committee welcomes the information provided and trusts that the Government will take specific reinforced measures, particularly in the public sector, to effectively prevent, investigate and penalize sexual harassment at work. It requests the Government to continue to provide information in this regard.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap and occupational segregation. The Committee notes with interest the information in the Government’s report that the gender pay gap in Costa Rica decreased to 6 per cent in 2023, compared to an average of 9 per cent in the previous decade, and that, according to OECD data, the income gap between men and women working full-time was only 1.4 per cent, one of the lowest in the region and below the OECD average (12 per cent). The Committee also notes the Government’s information on measures promoted by the National Women’s Institute (INAMU), including the FOMUJERES programme, which aims to support women’s economic empowerment, the Gender Equality Seal and the online course on gender equality at work, as well as the creation of the Social-Labour Recognition System (SIRESOL), which, in 2024, accredited nine enterprises and institutions with best labour practices. In addition, the Committee notes that the CTRN, CMTC and CSJMP claim that in most economic activities and occupational strata, women are paid less than men, with women earning lower wages than men in 11 out of 14 occupational activities in the country. Lastly, the Committee notes with interest that, in response to its previous observation on the language used in the list of minimum wages, in 2025 the National Wage Council undertook, with the technical and financial support of the ILO, a project to update occupational profiles with a gender perspective, aimed at eliminating discriminatory connotations and biases in the creation of the profiles and at developing a methodological guide for job evaluation. In the light of this information,the Committee requests the Government to continue to provide information on: (i) the progress made in reducing the pay gap and the measures taken to address gender-based occupational segregation; and (ii) the tangible results of the project to update occupational profiles undertaken by the National Wage Council.

Conventions Nos 100 and 111 – Application in practice

Enforcement. The Committee notes the information provided by the Government, according to which: (1) between 2022 and 2024, 41 complaints of discrimination were registered, all in the private sector, on grounds including disability, gender, pregnancy, sexual orientation, gender identity, pay discrimination and the provision of incentives; in addition, 30 cases of gender pay gaps were identified, either reported to or detected by labour inspectors; (2) the Integrated Digital System of the National Labour Inspectorate (2024) was implemented, which will make available more detailed data on complaints of discrimination in employment; (3) between 2021 and 2024, the MTSS coordinated training on gender-based discrimination for over 10,000 people; and (4) a specialized labour inspection unit with a gender perspective has been established, which conducted 383 inspections in 2024. The Committee trusts that the measures adopted will continue to improve enforcement of the Conventions.

Part II. Convention No. 156

Articles 1 and 2. Scope of application. Application to all categories of workers.The Committee notes that, in response to its previous comments, the Government indicates that there are no special regulations guaranteeing the application of measures for workers with family responsibilities to self-employed workers and other persons who do not have an employment relationship. Nevertheless, the Government notes that institutional programmes, measures and benefits do not exclude them and can be applied to the relevant type of employment. The Committee notes the information provided by the Government that, although the Labour Code excludes own-account workers from the requirement to take out occupational risk insurance, the National Insurance Institute offers the possibility of taking it out voluntarily, and that since 2024 it has been working on digital alternatives to facilitate affiliation from 2025 onwards. The Committee trusts that the Government will take the necessary measures to ensure that self-employed workers and other atypical categories of employment can effectively benefit from the protection envisaged in the Convention.
Article 3. Discrimination against workers on grounds of family responsibilities. National policy. The Committee notes the information provided by the Government, which shows that: (1) based on the PIEG and Act No. 9862 on the balance of work and family life, the 2023–26 Action Plan to this policy was developed, Part 2 of which is focused on social co-responsibility for care and includes measures such as the creation of new forms of care, the co-payment scheme, care cooperatives led by women, cash transfers to women carers living in extreme poverty, as well as the promotion of active roles of fathers and the measurement of unpaid domestic work; (2) according to the 2023 state of the nation report, the proportion of women aged 35 to 59 not in work due to family obligations rose from 49 per cent to 62 per cent between 2019 and 2023, while for men it rose from 4 per cent to 12 per cent; and (3) the same report identifies legal, financial and organizational obstacles that limit the expansion of the National Child Care and Development Network (REDCUDI), provided for in Act No. 9220, aimed at facilitating the integration of parents into work and education by providing access to child care and development services. The Committee also notes the report on actions carried out in 2023, which mentions: (1) assistance provided to 48,857 people through existing care services; (2) 74 awareness-raising activities led and 18 training sessions led in social co-responsibility for care, reaching 20,778 people; (3) the adoption of 52 measures in state institutions and enterprises (nursing rooms, grants, timetable changes, projects); and (4) progress in pilot projects, such as the establishment of care cooperatives and the development of the digital platform, Cuidar.cr, to match supply and demand for care services. The Committee welcomes the information provided by the Government in response to its previous comments.
Article 4(b). Equality of opportunity and treatment in terms and conditions of employment and in social security. Leave entitlements. The Committee notes the information provided by the Government that: (1) new Act No. 10.192 of 2022, which creates the national care and support system for dependent adults and older persons, supplements the schemes under the Labour Code, Framework Act on Public Employment No. 10159 and Act No. 7756 on benefits for those responsible for terminally ill patients and seriously ill children; (2) between 2024 and 2025, within the framework of the Framework Act on Public Employment, a total of 2,715 periods of leave and absence, 73 per cent of which were for women, and out of 700 cases of leave to care for a sick family member, 579 were for women, while 314 women took up maternity leave and 229 men took up paternity leave. The Committee notes this information and requests the Government to provide information on the measures envisaged or adopted to promote greater use of paternity leave by men, both in the public and private sectors.
Article 5. Childcare and family services and facilities. The Government indicates that: (1) in 2023, in the framework of the 2023–26 Action Plan under the PIEG, care services were provided to a total of 48,857 persons, including 45,856 minors and 3,001 persons with disabilities, and the annual coverage of services for child care and development reached 65,008 children between 2023 and 2024; (2) 2,518 women carers living in extreme poverty received cash transfers and were granted various subsidies, including for reasons of severe dependency; (3) the technical secretariat of the National Child Care and Development Network (REDCUDI) is developing a process to geo-reference existing care alternatives in the country, with the aim of better identifying service provision; and (4) the National Directorate for nutrition and education centres and for comprehensive child care centres (CEN-CINAI) has made significant progress in equipping new facilities for child care and development. The Committee notes this information.
Article 6. Information and awareness-raising. The Committee notes the information provided by the Government that: (1) between 2022 and 2025, the National Women’s Institute (INAMU) posted information flashes on social co-responsibility for care, and developed information systems through various social networks, reaching more than 2.8 million people at the national level; and (2) between 2021 and 2025, the Gender Equality Unit of the MTSS provided internal training for 459 public officials and external training for 3,267 persons from public institutions, professional bodies, foundations, trade union confederations and private enterprises. The Committee notes this information.
Article 7. Vocational guidance and training. The Government indicates that, according to the National Learning Institute, each year between 2020 and 2024, there were 16,000 to 19,000 training participants who, when enrolling in training activities identified themselves as heads of household, with men being in the majority in each year. However, the Committee notes the Government’s indication that it has no information on specific vocational guidance and training measures aimed at helping workers with family responsibilities to enter, remain or re-enter the workforce after an absence because of such responsibilities. The Committee requests the Government to provide information on measures relating to vocational guidance and training to enable workers with family responsibilities to enter and remain in the workforce, as well as to re-enter it after an absence because ofsuch responsibilities.
Article 8. Protection from termination of employment. The Committee notes the Government’s indication that no complaints of dismissal of workers on grounds of family responsibilities have been identified in the registry of the Integrated Digital System of the National Labour Inspectorate and that the judiciary does not have information in that respect. The Committee notes this information.
Article 9. Collective agreements. The Committee notes the information provided by the Government that, between 2022 and 2025, 12 collective agreements in the public sector and 14 in the private sector were approved, which included provisions aimed at facilitating the balance of work and family responsibilities, such as leave and absences for the birth or adoption of children, serious illness of family members, death, marriage and emergencies. The Committee trusts that the Government will continue to adopt measures in the context of collective bargaining that effectively promote the balance of workers’ work and family responsibilities. The Committee notes this information.
Article 11. Participation of employers’ and workers’ organizations. The Committee notes the Government’s information that, within the framework of collective bargaining and the implementation of good practices, measures have been agreed upon to facilitate the balance of work and family life. The Committee also notes the Government’s indication that, during the process of preparing Bills, both national institutions and the most representative workers’ and employers’ organizations may be consulted. The Committee notes this information.
Application in practice. The Committee notes the Government’s indication that it has not been possible to identify court decisions implementing the Convention. It also notes the information provided by the National Labour Inspectorate that, in the context of inspections conducted in workplaces, not only do inspectors explain to employers the good practices that may be implemented to support workers with family responsibilities, but they also encourage empathy among those who do not have such responsibilities, so that they provide support to those who do. With regard to statistical data, the Committee refers to its comment in the paragraph concerning discrimination against workers on grounds of family responsibilities (national policy). The Committee trusts that the information and awareness-raising measures to be adopted in accordance with Article 6 of the Convention will allow for wider dissemination of the legislation and better understanding of the rights of workers with family responsibilities. The Committee notes this information.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the Government’s first report.
Article 2 of the Convention. Application to all categories of workers. The Committee notes the Government’s indication, in its report, that the measures giving effect to the Convention apply to all branches of economic activity and all categories of workers. It notes that the measures provided in the area of family responsibilities by the Labour Code apply to all employees in the private and public sectors (section 14 of the Code). Furthermore, persons employed in the public administration sector will also benefit from the provisions of the Public Employment Framework Law No. 10159 of 7 March 2022 that will enter into force in March 2023. However, the Committee observes that the Labour Code only applies to workers in a contractual employment relationship (section 4 of the Code). The Committee therefore requests the Government to indicate the measures taken to ensure that workers who are not in a contractual employment relationship, such as self-employed, benefit from the measures concerning workers with family responsibilities.
Article 3. National policy. The Committee notes that section 404 of the Labour Code and section 1 of Law No. 2694 prohibiting discrimination at work, of 22 November 1960, prohibit discrimination on the ground of sex in employment and occupation. It welcomes the Government’s indication that, in a decision handed down in 2020, a copy of which has been forwarded by the Government, the High Court considered that family responsibilities cannot be a ground for discrimination at work (Resolution No. 01767-2020 of 23 September 2020). The Committee notes that the National Policy for Effective Gender Equality (PIEG) for 2018-2030, and its action plan for 2019-2021, acknowledge the persistent gender stereotypes and unequal participation of men and women in unpaid domestic work, including family responsibilities. In that regard, it notes that several measures in the action plan aim at promoting at the workplace gender equality and shared caring responsibilities, including through awareness-raising and training activities. In that regard, the Committee notes that Law No. 9862 for the conciliation of work and family life, of 19 June 2020, provides that the Government shall elaborate a public policy and implement measures aimed at promoting a better conciliation between work and family responsibilities, as well as “family co-responsibility”. The competent authorities shall publish an annual report on the progress made and the concrete measures implemented to that end (section 3(c) of Law No. 9862). The Committee requests the Government to provide information on the concrete measures implemented, in particular in the framework of the National Policy for Effective Gender Equality (PIEG) for 2018-2030 and its action plans, and Law No. 9862 for the reconciliation of work and family life, in order to assist men and women workers in better reconciliating work and family responsibilities and promote the sharing of family responsibilities between men and women. It further requests the Government to provide information on the results achieved by such measures, including by providing a copy of the annual reports published pursuant to Law No.9862. Finally, the Committee requests the Government to provide information on any measures envisaged in order to consider including in its national policy or legislation a provision formally prohibiting discrimination in employment and occupation based on family responsibilities, in the same vein as discrimination based on sex.
Article 4. Leave entitlements. The Committee notes that the Labour Code provides for several paid leaves related to maternity and adoption (sections 94 and 95 of the Code). It notes with interest the adoption of: (1) Law No. 10211 to combat discrimination at work against mothers, of 3 June 2022 which introduces in the Labour Code the obligation for employers to grant an eight-day paternity leave (section 95(b) of the Code); and (2) Public Employment Framework Law No. 10159 of 7 March 2022 which extends the duration of maternity leave by two months under specific circumstances, and of paternity leave up to one month (sections 41 and 42 of the Law). The Committee further notes that several provisions in the national legislation provide for the possibility of workers to benefit from paid hours in case of medical appointments for children, cohabiting partners or persons who need special assistance. Furthermore, workers can benefit from a specific leave entitlement or a reduction of their working day in order to care and assist seriously ill minors or terminally ill family members, whether by blood or affinity, as well as, in the public sector, persons with disabilities or seriously injured after an accident (sections 1 to 4 of Law No. 7756 on benefits for those responsible for patients in the terminal phase of life and seriously ill minors; and sections 39 and 40 of Law No. 10159). While welcoming the wide definition of “family members”, the Committee however observes that leave entitlements for workers with family responsibilities are essentially focused on their dependent children. As regards flexible working arrangements, the Committee notes that Law No. 9738 of 18 September 2019 provides that remote work should be promoted, including as a priority for workers with family responsibilities. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of workers who avail themselves of the above-mentioned schemes relating to leave and reductions in the working day. It also requests the Government to indicate whether measures exist that take into account the needs of men and women workers who have responsibilities in relation to other members of their immediate family, particularly older persons, in terms of conditions of employment and social security.
Article 5. Childcare and family services and facilities. The Committee notes the detailed information provided by the Government on the National Network for Child Care and Development (REDCUDI), for children up to 12 years old, aimed at facilitating the insertion of fathers and mothers into vocational training and the labour market. This network is composed of several public and private facilities established at national and local levels, including in rural areas, to provide protection and care to children whose parents are working in the agriculture sector, including through the “Casas de la Alegría” established in collaboration with the UNICEF. The Committee notes with interest that such facilities also provide childcare services during weekends and at night in order to better assist workers with family responsibilities. As regards other members of the immediate family, the Committee notes that support and assistance to persons with disabilities and elderly persons is provided through the National Council for Persons with Disabilities (CONAPDIS) and the National Council for the Elderly (CONAPAM) while the number of beneficiaries remains limited. In that regard, the Committee observes that, as highlighted in the framework of the Action Plan for 2019-2022 for the implementation of the PIEG, care and assistance services provided to children and other dependent persons are specifically aimed at persons in a situation of poverty or extreme poverty. It notes that the Action Plan for 2019-2022 together with the National Care Policy for 2021-2031 are aiming at implementing a national care system through the expansion and diversification of care and education services for children as well as other dependent persons, such as persons with disabilities and the elderly, under a social co-responsibility approach in order to enable caregivers, and more particularly women, to integrate the labour market. The Committee requests the Government to provide information on the measures taken, in particular in the framework of the National Policy for Effective Gender Equality (PIEG) for 2018-2030 and its action plans, and the National Care Policy for 2021-2031, to provide adequate childcare and family services and facilities. It further requests the Government to provide information on the progress made in extending coverage of care services and facilities for children, in particular from 0 to 3 years of age, and other dependent members of the family, as well as the results achieved thereof, including by providing updated statistical information on the availability and accessibility of affordable facilities for childcare and for family services.
Article 6. Information and awareness raising. The Committee notes with interest the adoption of Law No. 9862 for the reconciliation of work and family life which provides that the Government will elaborate and implement awareness-raising and training activities, including in the various educational centres, in order to enhance better reconciliation between work and family responsibilities as well as “family co-responsibility” between men and women. It further notes that the law set a National Day for reconciliation of work and family life (sections 1 and 3 of the Law). The Committee notes the Government’s indication that several activities have been carried out by the National Women’s Institute (INAMU), in particular in the framework of the PIEG 2018-2030, to raise awareness about gender stereotypes regarding the role of women as caregivers and promote the concept of shared family responsibilities between men and women. The Committee requests the Government to provide information on specific actions implemented with a view to promoting greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities, as well as results achieved by such actions.
Article 7. Vocational training and guidance. The Committee notes that: (1) the Ministry of Labour and Social Security is responsible for the elaboration and implementation of policies and actions aimed at promoting the inclusion of mothers and fathers into the labour market; and (2) the Joint Social Assistance Fund (IMAS) shall also implement programmes to assist mothers and fathers to establish micro-enterprises (section 31 of Child and Adolescent Rights Code and section 20 of Law No.9220 establishing the National Network for Child Care and Development of 24 March 2014). It further notes the Government’s statement that several measures were implemented to enhance women’s access to the labour market, including in collaboration with the private sector. The Government however adds that no measures have been implemented so far in order to provide vocational guidance and training specifically to workers with family responsibilities in general, but that information will be provided in that respect in future reports. The Committee therefore requests the Government to provide information on the vocational guidance and training measures taken or envisaged to enable men and women workers with family responsibilities to become and remain integrated into the labour force, as well as to re-enter the labour force after an absence due to family responsibilities, in relation to their dependent children and other members of their immediate family. It also requests the Government to provide information on the number of men and women workers with family responsibilities who participated in vocational guidance and training programmes.
Article 8. Protection against dismissal. The Committee notes the Government’s indication that “family responsibilities” is excluded from the list of valid reasons for which an employer may terminate an employment contract, provided for under section 81 of the Labour Code. The Committee further notes that the Labour Code: (1) prohibits dismissal on the ground of sex (sections 404 and 406); and (2) provides for special protection against dismissal of pregnant or nursing women and workers who are benefiting from a maternity, paternity or adoption leave (section 94). Furthermore, in cases where the employer may want to dismiss a women worker for alleged serious misconduct, they must first prove there has been serious misconduct before the National Labour Inspectorate (DNI). In cases of unfair dismissal against a pregnant or a nursing worker, such worker can ask for reinstatement or condemnation of the employer for termination without a valid reasons (section 94 and 94 bis of the Labour Code). However, the Committee observes that this provision only applies to women workers. It further notes that, according to the above-mentioned decision handed down by the Supreme Court in 2020 (Resolution No. 01767-2020 of 23 September 2020), absence from work as a result of medical appointments for children cannot be considered as a valid reason for termination. The Committee requests the Government to provide information on the implementation of sections 94, 94 bis, 404 and 406 of the Labour Code in practice, including by providing information on any court or administrative decision and any investigation conducted by the labour inspectorate in relation to the dismissal of workers on grounds of family responsibilities. In that regard, it requests the Government to indicate any measures envisaged to extend the protection provided under sections 94 and 94 bis to male workers with family responsibilities. The Committee further requests the Government to provide information on the manner in which protection against dismissal is ensured, both in law and practice, to workers with family responsibilities in relation to immediate family members other than dependent children.
Article 9. The Committee welcomes the detailed information provided by the Government on the provisions contained in several collective agreements adopted in the public sector in the area of family responsibilities. The Government also refers to good practices identified in this area in several companies of the private sector. The Committee requests the Government to continue to provide information on the provisions of any collective agreements and work rules, adopted both in the public and private sectors, in order to assist workers in reconciling their work and family responsibilities in relation to their dependent children, as well as other members of their immediate family.
Article 11. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that participation of employers’ and workers’ organisations is ensured through different mechanisms and consultation processes established at national and enterprise levels. The Committee requests the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers 'and employers' organizations have exercised their right to participate in the design and implementation of such measures, including through collective bargaining and the adoption and implementation of workplace policies on work and family reconciliation.
Enforcement. The Committee notes the Government’s indication that supervision of the application of regulations concerning labour relations is conducted by the National Labour Inspectorate (DNI) under the Ministry of Labour and Social Security (MTSS). It further notes that, in order to protect their rights, workers with family responsibilities can also enlist assistance from the Ombudsman’s Office (Defensoría de los Habitantes de Costa Rica) and from the Women’s Ombudsman (Defensoría de la Mujer), as well as the competent courts. In that regard, the Committee welcomes the copy of judicial decisions forwarded by the Government. The Committee requests the Government to provide information on legislation enforcement activities to give effect to the Convention, particularly labour inspection, and any judicial or administrative decisions relating to the application of the Convention. It also requests the Government to provide statistical data disaggregated by sex, studies, surveys and reports which may enable the Committee to examine how the principle enshrined in the Convention is applied in practice, indicating the obstacles faced and the progress achieved with regard to equality of opportunity and treatment between men and women workers with family responsibilities and between the worker and workers without family responsibilities.
General observation. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on workers with family responsibilities, adopted on 2019. In such observation, the Committee recalls the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stresses the importance of the Convention in achieving this goal. The Committee calls for member States, and employers’ and workers’ organizations, to strengthen efforts towards: (i) making non-discrimination of workers with family responsibilities and the adoption of measures to facilitate the reconciliation of work and family responsibilities explicit aims of their national policy; (ii) regularly monitoring and assessing the results achieved within the framework of the national policy towards achieving the aims of the Convention with a view to adjusting the measures adopted or envisaged; (iii) launching regular public information campaigns to promote the sharing of family responsibilities and remove misconceptions around care roles; (iv) ensuring that workers with family responsibilities have effective equal opportunities and rights to enter, re-enter and remain integrated in the labour market; (v) expanding and increasing access of all workers to voluntary and protected measures of working arrangements and leave that facilitate reconciliation of work–family life; (vi) expanding measures that support the reconciliation of work and family responsibilities within social protection systems; (vii) establishing and expanding adequate quality childcare and family services at community level; (viii) promoting social dialogue, collective bargaining and other measures to strengthen, facilitate and encourage the implementation of the principles of the Convention; and (ix) enhancing the capacity of enforcement authorities, including labour inspectors, tribunals, courts, and other competent bodies, to identify, prevent and remedy cases of discrimination in employment and occupation related to family responsibilities. The Committee asks the government to provide information on any measures taken or foreseen to apply the points referred to above.
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