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

Costa Rica

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1960)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1962)
Workers with Family Responsibilities Convention, 1981 (No. 156) (Ratification: 2019)

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.