1. Organization of American States (OAS)
Inter-American Conference of Ministers of Labor (IACML) 
Inter-American Network for Labor Administration (RIAL)
Labour Standards and Protection of Freedom of Association and Collective Bargaining: Rules in Québec, Canada
Jean Paquette, lawyer
Administrative judge and vice-president Tribunal administratif du travail
LL.L., B.Sc.Soc.(Economy), M.Sc.(Industrial Relations), MBA (Management Consulting)   
San José, Costa Rica
December 6, 2018

2. OAS – IACML –RIAL – Costa Rica – December 6, 2018
Labour Standards: the Act respecting labour standards, powers of inquiry and recourse

3. • Employee • Public order
OAS – IACML –RIAL – Costa Rica – December 6, 2018
• Employee
• Public order
• Labour standards: wages, hours of work, statutory holidays, annual leave, rest periods, absences owing to sickness or for family matters, work performed by children, psychological harassment, notice of termination of employment, collective dismissal, retirement, differences in treatment, personnel placement, temporary foreign workers, prohibited practices and dismissal without good and sufficient cause

4. Recourse against prohibited practices
OAS – IACML –RIAL – Costa Rica – December 6, 2018
Civil recourse:
• Inquiry
• Recourse
Recourse against prohibited practices
Recourse for psychological harassment
Recourse for illegal dismissal

5. OAS – IACML –RIAL – Costa Rica – December 6, 2018
Respect for freedom of association: the Labour Code and the role of the labour relations officer

6. • The employer’s obligations • Inquiry on the right to certification
OAS – IACML –RIAL – Costa Rica – December 6, 2018
Right of association
Right to be certified
Role of the labour relations officer (the LRO) in matters of certification:
• The employer’s obligations
• Inquiry on the right to certification
• Certification decision made by the LRO
• Interference

7. OAS – IACML –RIAL – Costa Rica – December 6, 2018
The Tribunal administratif du travail (the Tribunal)
• Certification
Ascertain entitlement to certification and compliance with the rules established by the Labour Code, protect the rights of third parties that are not parties to the petition
• Interference
Emergency call service and the possibility of making an order that may be provisional or permanent
Cannot certify an association if there was interference

8. OAS – IACML –RIAL – Costa Rica – December 6, 2018
Compliance with collective bargaining: the Labour Code and the Tribunal

9. Collective bargaining rules
OAS – IACML –RIAL – Costa Rica – December 6, 2018
Collective bargaining rules
• Union dues and fair representation
• Notice of negotiation = beginning of negotiations
• Negotiations must be conducted diligently and in good faith
• Ballot on the employer’s last offers
• Legal right to strike and no strike-breakers
• The Tribunal can make provisional or permanent orders. Conciliation is available

10. OAS – IACML –RIAL – Costa Rica – December 6, 2018
Questions?