Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
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LRI 2024
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Costa Rica

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Costa Rica’s overall score is 77.5 out of 100. The overall score for Costa Rica is greater than the regional average observed across Latin America and The Caribbean (73). Within Latin America and The Caribbean, the highest score is observed in Brazil (85.5).

Costa Rica ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1960.

Labour Rights Index 2024

77.5/100

LRI Country Score

50/100

Freedom of Association Indicator

20.54 %

Trade union density rate (%)

11.8 %

Collective bargaining coverage rate (%)

1.91

SDG indicator 8.8.2

3

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§25 & 60 of the Political Constitution of Costa Rica 1949; §339-346 of Labour Code, 1943

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§62, Constitution 1949; §56, Labour Code, 1943; USDOS CRHRP 2023 (Costa Rica)

D

Does the law provide for the right to strike?

No

0

§61, Constitution 1949; §375-376 of Labour Code,1943;CEACR C87 Direct Request, 2023

A,B

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§369,379 & 380 of Labour Code, 1943

A

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §25 & 60 of the Political Constitution of Costa Rica 1949; §339-346 of Labour Code, 1943

Information

Source: §62, Constitution 1949; §56, Labour Code, 1943; USDOS CRHRP 2023 (Costa Rica)

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law required employers to initiate the bargaining process with a trade union if more than one-third of the total workforce, including union and nonunion members, requested collective bargaining, Although public-sector employees were permitted to bargain collectively, the Supreme Court held that some fringe benefits received by certain public employees were disproportionate and unreasonable, and it repealed sections of collective bargaining agreements between public-sector unions and government agencies, thus restricting this right."

Information

Source: §61, Constitution 1949; §375-376 of Labour Code,1943;CEACR C87 Direct Request, 2023

A : National Law

National Labour Legislation

"Article 375.Strikes shall not be permitted in public services.Disputes that may arise in these services between employers and workers, as well as in all other cases in which strikes are prohibited, shall be subject to the obligatory consideration and resolution of the Labor Courts. ARTICLE 376.- For the purposes of the previous article, the following are understood to be public services: a. CANCELED b. CANCELED c. Those performed by workers of railway, maritime and air transport companies, those performed by workers engaged in loading and unloading tasks in docks and berths, and those performed by workers on trips from any other private transport company, while the trip is not finished; d. Those performed by workers who are absolutely indispensable to maintain the operation of private companies that cannot suspend their services without causing serious or immediate damage to public health or the economy, such as clinics and hospitals, hygiene, cleanliness and lighting in towns, and e. CANCELED"

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 3. Right of organizations to freely organize their activities and formulate their programmes. The Committee recalls that for years it has been indicating to the Government the need to remove the prohibition of the right to strike from workers engaged in rail, maritime and air transport enterprises and workers engaged in loading and unloading on docks and quays established under section 376(c) of the Labour Code. In its previous comments, the Committee noted that Act No. 9808 on the provision of legal security during strikes and associated procedures of 2020 amended section 376 of the Labour Code and noted that: the amended version of section 376 of the Labour Code contains a list of essential public services where strike action is prohibited and that some of these do not constitute essential services in the strict sense of the term, such as transport services in general, including rail and sea transport, loading and unloading services for perishable foodstuffs, pharmacies, scheduled medical appointments and care, and fuel distribution. "

Information

Source: §369,379 & 380 of Labour Code, 1943

A : National Law

National Labour Legislation

"ARTICLE 369.- In addition to those mentioned in article 81 of this Code, the following are also just causes that authorize the employer to terminate the employment contract of workers protected by virtue of this Law: a. Committing acts of coercion or violence against persons or things, or any other act that has the purpose of promoting disorder or removing the peaceful character of the strike. b. Attacking the company's property. c. Inciting acts that cause the destruction of materials, instruments or work products or merchandise or that decrease their value or cause their deterioration or participating in them. ch. Inciting, directing or participating in the intentional reduction of performance, in the interruption or in the illegal obstruction of work activities. d. Improperly retaining persons or property or using them in an improper manner, in mobilizations or pickets. e. Inciting the destruction, disabling or interruption of public or private facilities, or participating in acts that damage them ARTICLE 379.- The termination of employment contracts or, failing that, salary reduction or any type of sanction, will only be applicable after the strike is declared illegal. ARTICLE 380.- A legal strike suspends the employment contracts in force in the establishments, businesses, departments or work centers in which it is declared, for the entire duration of the strike. In cases where the strike has not been declared in the entire center, but in one of the departments, sections or specific categories of workers, the suspension will only apply to these."