Labour Process Reform in Costa Rica

1. Labour Process Reform in Costa Rica

2. Current Situation • Important judicial delay • Procedure used  Obsolete and is cause of the judicial delay • Procedure completely in writing, with excessive vertical resources and many instances • Excessive number of lawsuits empower the judge to disregard evidence in order to make a better ruling. • Process lacking the principles of immediacy, concentration and speediness.

3. Essential Aspects of the Project • Participatory process of judicial and non-judicial sectors: original project drawn up by the Supreme Court of Justice, but was circulated and put into discussion among involved and interested sectors. • Procedural Reform proposed within the Labour Code, since labour process has its own characteristics that distances it from the common process. • Project consists of solution to individual and collective conflicts and stresses the importance of extrajudicial conciliation.

4. Project Background • Labour Process Reform Project drawn up by commission in the Supreme Court of Justice. • Circulation of the final draft and discussion with diverse sectors related to the administration of labour law. • Strategic alliance among the MLSS, ILO, Government of Canada to develop activities to promote the proposal. • Project discussed in the Superior Labour Council, a tripartite body assigned to the MLSS. • Presented to the Legislative Assembly in September 2005.

5. Current Situation: Situation unclear whether conflicts in the public sector are treated in an administrative contentious channel or in a specialised labour jurisdiction  Reflected in criteria of the tribunals Proposed Situation Clarifies that within the scope of the application of the Code be included “all claims related to public employment for collection of labour benefits and for the challenge of actions of all public legal institutions or bodies relative to this employment.” Substantive Project Content 1. Scope of Application of the Labour Process

6. Current Situation: Claims against the State or its institutions must first exhaust all administrative channels. Proposed Situation Exhausting all instances is proposed as one option. The parties may renounce the mechanisms of administrative refutation and appeal directly to the jurisdiction. Substantive Project Content 2. Exhaustion of Administrative Channels

7. Current Situation: Interested parties may litigate in the tribunals without representation of an attorney. As a result, workers often fail to receive adequate protection of their rights. Proposed Situation Creation of social assistance attorneys to represent workers with scarce resources at no cost. Substantive Project Content 3. Obligatory Representation by an Attorney 4. Regime on Proof Current Situation: Traditional system provides that whomever files an action or opposes an exception must provide proof to sustain it. Proposed Situation Combination of the traditional system and one that redistributes the burden of proof.

8. Current Situation: Alternative Conflict Solution system recently functioning. The MLSS has the Centro RAC since 2000. Proposed Situation Alternative Conflict Solution system strengthened. Its benefits would include the conciliatory processes of the Labour Administration. Substantive Project Content 5. Alternative Conflict Solution 6. Reinstatement as a Precautionary Measure Current Situation: Reinstatement exists in processes against the State or its institutions. Can only be mandated by legal judgement. Proposed Situation Reinstatement as a general precautionary measure.

9. Current Situation: Special processes through the application of the ordinary process. Proposed Situation Creation of special highly summary processes for: Protection of special jurisdictions and protection of due process. Distribution of social benefits of deceased workers Authorisations when the law requires that a jurisdictional organ provides them. Process to reinstate workers who have suffered accidents on the job. Process of qualifying strikes. Substantive Project Content 7. Special Processes

10. Current Situation: Impose interest payments only when expressly demanded. Proposed Situation Establishment of legal right to interest payments as a result of the ruling. Indexation also be treated as a consequence of the ruling, and attempts should be made to calculate sums owed at their present value. Substantive Project Content 8. Legal Right to Interest Payments and Indexation

11. Current Situation: Complicated collective processes. Proposed Situation Simplified collective processes, time periods are shortened and possibilities of presenting challenges on both sides are reduced. The possibility is created to hear cases in extra-judicial arbitration centres. Substantive Project Content 9. Collective Processes

12. Current Situation: Ineffective regulation of the solution of strikes and economic and social conflicts in the public sector. Proposed Situation Precise statement that public servants cannot benefit. Clear establishment of the matters on which a negotiation may be undertaken. Barring of solutions that violate the principle of law in all dimensions under threat of nullification. Negotiation procedure is indicated. Establishment of rules for solutions with reconciliation and conditions for the validity of settlements and arbitration. Substantive Project Content 10. Economic and Social Conflicts in the Public Sector

13. Mechanisms to Speed Up Labour Procedures Goal of the Reform: Achieve a process that is simpler and more expeditious without demanding unnecessary forms. Key elements to achieving it: • That it be an oral, speedy, immediate, and free process • That instances be limited • Limitation and rationalisation of the means by which rulings can be challenged • Establishment of new, highly summary processes

14. Benefits of the Reform for the Ministry of Labour • Precise and conceptual regulation of direct settlements. • Gives entitlement to the Permanent Workers’ Committees through their registration in the MLSS. • Lowers the percentage of affiliated workers needed for the negotiation of collective agreements. • Lowers the percentage of workers needed to allow the right to strike from 60% to 40%. • Gives Conciliatory Settlements in the administrative headquarters the character of a legal judgement. • Consolidation of the time periods for prescription of process.