RAINFOREST ALLIANCE
POLICY:
WORKERS’ ORGANIZATIONS IN BANANA AND PINEAPPLEFARMS IN COSTA RICA

Document Code: SA-P-LA-37
Version 1.0
EnglishBinding from 13 September 2024
Published on 10 July 2024

© 2024 Rainforest Alliance. All rights reserved.

The Rainforest Alliance is creating a more sustainable world by using social and market forces to protect
nature and improve the lives of farmers, workers, and forest communities.
Document Name:

Date of

Document code:

firstpublicatio

Expires by:n:
Policy on Workers’ Organizations in Banana and Pineapple Farms
in Costa Rica

10 July, 2024

Until further notice

Linked to:
SA-S-SD-1 Rainforest Alliance 2020 Sustainable Agriculture Standard, Farm Requirements
SA-R-GA-1 Rainforest Alliance Certification and Auditing Rules
SA-G-GA-24 Rainforest Alliance Auditor Verification Protocol
SA-GL-SD-1 Annex S01: Glossary

Applicable to:
Prospective and certified banana and pineapple farm entities in the Rainforest Alliance 2020
Certification Program audited against the 2020 Sustainable Agriculture Standard Farm Requirements
Approved Certification Bodies

Country/Region:
Costa Rica

Crop:

Type of Certification:

Fruits: Banana/Pineapple

Farm Certificate Holders

Policies are binding. Policies complement and/or supersede related rules or requirements for the parties they are applicable to.

More information
For more information about the Rainforest Alliance, visit www.rainforest-alliance.org, contact info@ra.org, or contact the Rainforest
Alliance Amsterdam Office, De Ruijterkade 6, 1013AA Amsterdam, The Netherlands.
This policy is derived from the Rainforest Alliance Standard and reflects the same content. For interpretation of the content, please referto the Standard itself.
Translation Disclaimer
For any question related to the precise meaning of the information contained in the translation, please refer to the official English
version for clarification. Any discrepancies or differences in meaning due to translation are not binding and have no effect for auditingor certification purposes.
Any use of this content including reproduction, modification, distribution, or re-publication, without the prior written consent of Rainforest
Alliance is strictly prohibited.

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CONTENTS
1. Introduction............................................................................................................................................................................................................................. 4
2. Applicable Requirements for Farm Certificate Holders ............................................................................................................................. 5
Important changes _________________________________________________________ 5
Chapter 5: Social ___________________________________________________________ 6
5.2 Freedom of Association and Collective Bargaining __________________________________ 6
3. Annex: Recognized WOs in Costa Rica .................................................................................................................................................................. 10
Trade Union Workers’ Organizations ______________________________________________ 10
Elected Workers’ Organizations _________________________________________________ 11

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1. Introduction
New market trends make it increasingly essential that the Rainforest Alliance Certification Program be constantly
updated. Human Rights topics in the supply chain, including Freedom of Association (FoA), have acquired special
relevance in different markets, driven by new laws/regulations that promote effective compliance with this humanright.
Within the framework of this reality, the hereinafter ‘Policy on WOs’ has been developed to align the requirementsof the Rainforest Alliance 2020 Sustainable Agriculture Standard, Farm Requirements to the context of banana andpineapple farming operations in Costa Rica. It aims to recognize, in equal conditions, access to negotiate benefits
established in the Rainforest Alliance 2020 Sustainable Agriculture Standard, Farm Requirements, based on genuine
dialogue.
This applies to all recognized workers’ organizations (WO) with representation in banana and pineapple farms in
Costa Rica. The Policy on WOs offers an interpretation of the FoA requirements set in the Rainforest Alliance 2020
Sustainable Agriculture Standard: 5.2.1, 5.2.2, and 5.2.3. The requirements mentioned have been framed in such a
way to further assist banana and pineapple producers in Costa Rica to implement the Rainforest Alliance
Certification Program.
For Certification Bodies these additions must be read in conjunction with the Certification and Auditing Rules andAuditor Verification Protocol as the list of topics provided under the column ‘CB verification during audit’ is notnecessarily exhaustive. The Policy on WOs does not cover all requirements of the Rainforest Alliance 2020
Sustainable Agriculture Standard, Farm Requirements. The requirements mentioned in this Policy on WO do not
replace the full intention of the requirement in the Standard but rather mention specific aspects for further
clarification for both Certificate Holders and Certification Bodies. If a requirement of the Standard is therefore notcovered by this document, both Certificate Holders and Certification Bodies must comply with the requirements
and the rules as set out in the Rainforest Alliance 2020 Sustainable Agricultural Standard, Farm Requirements, andthe Rainforest Alliance Certification and Auditing Rules.
The Rainforest Alliance also recognizes the importance of considering the country's situation/particularities, whennecessary, and its intrinsic relationship with the compliance of the Rainforest Alliance 2020 Sustainable AgricultureStandard, Farm Requirements. Respecting the autonomy of each government structure where fruit with theRainforest Alliance seal is produced, the Certification Program recognizes that it is not its purpose to define whether
a workers’ structure is legal or not, since this decision lies on each State’s liability. However, the Rainforest AllianceStandard promotes not only compliance with national legislation but also a permanent commitment to work on
continuous improvement.
The Policy on WOs would be applicable as long as there is no local legal pronouncement/regulation that updates
the position. In the event that the Ministry of Labor and Social Security (MTSS) of Costa Rica issues an official
interpretation that is different from what is indicated in this Policy, Rainforest Alliance must align itself with theofficial position issued by this government entity.
For now, the Policy on WOs only applies to banana and pineapple farming in Costa Rica, as long as this Policy
remains in force and binding.

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2. Applicable Requirements for Farm Certificate Holders
Further down, will be presented an Interpretative Table of the main approved clarifications for Costa Rica about
Freedom of Association-linked requirements set in the Rainforest Alliance 2020 Sustainable Agriculture Standard,
Farm Requirements.
For reading, analysis, and subsequent training purposes, the following clarifications must be considered:(i)

From left to right, the Interpretative Table will contain the requirement referred to, the original
requirement text; the interpretation approved for Costa Rica, and the minimum verification each
Certification Body (CB) must observe during audit, according to the Auditor Verification Protocol (AVP)of Rainforest Alliance. Finally, the table contains the scope of the requirement initially indicated.

(ii)

Regarding the interpretations approved for Costa Rica, they are supported by a local technical and legal
consultation process. However, it does not mean a replacement for local legislation. On the contrary, it is
an official interpretation approved for the country, aiming at moving together towards continuous
improvement related to Freedom of Association (FoA) requirements.

Important changes
1.

For CHs: (i) Evaluate WOs in the workplace and conduct proper analysis to recognize, in equal conditions,access to negotiate benefits established in the Rainforest Alliance 2020 Sustainable Agriculture Standard,
Farm Requirements; (ii) Consider as part of the scope as a Certificate Holder to provide information on FoA
and types of workers’ organizations to workers’ representatives, following the Rainforest Alliance 2020
Sustainable Agriculture Standard, Farm Requirements and the Policy on WOs.

2.

For CBs: (i) Consider, in the total sample of workers' organizations to be interviewed, the necessary
stratification to effectively include all workers' organizations in the consultation processes before the audit
itself; (ii) Keep differentiated records of trade union workers’ organizations and elected workers’organizations, according to each CH case.

3.

For WOs: (i) Equal conditions should be recognized to negotiate benefits established in the Rainforest
Alliance 2020 Sustainable Agriculture Standard, Farm Requirements; (ii) Only WOs that comply withminimum characteristics recognized by Rainforest Alliance would be covered in the Certification Program.
This does not affect their daily work, protected by applicable local legislation.

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Chapter 5: Social
5.2 Freedom of Association and Collective BargainingGroup
certification
Req.

5.2.1

Core requirements

Workers have the right to form and join aunion or workers’ organization of their own
choice and to take part in collective
bargaining, without prior authorization fromthe employer, and in accordance withapplicable law. Workers’ representatives areelected democratically among workers in
regular, free elections.
Management informs workers on theserights through a written policy in a language
they understand, before the start of
employment.
Thewrittenpolicyon
freedom of association
andcollective
bargaining is visibly displayed at all times in
the workplace.
Where the right to freedom of associationand collective bargaining is restricted underlaw, management does not hinder thedevelopment of parallel means forindependentandfreeassociation,
bargaining and dialogue with management.
ILO Freedom of Association and Protectionof the Right to Organise Convention, 1948
(No. 87)
ILO Workers Representatives
Recommendation, 1971 (No. 143)

Costa Rica interpretation

CB verification during audit

Topic 1 - Workers’ representatives regular and free 3 dimensions of FoAelections•
As for TU-WOs, election regularity is(i) Positive and negative rights (to form, join,established in Statutes.
or not to in a workers' organization of their•
As for E-WOs, election could bechoice):established in the Constitution Act or•Workers have the right to form andsubsequent agreement.
join a union or workers' organization of•
If there is a WO with no defined election
their own choice.
regularity, it does not mean a no•
There is a written policy on Freedom of
conformity of the CH.
Association and Collective Bargaining•
WOs with no defined election regularity
in the workplace.
won’t be covered, as an independent
organization, in the RA Certification(ii) Dual representation (according to ILO
Program. This does not affect their daily
C.135):
work, protected by applicable local•
Workers have the right to belegislation.
represented by any of the following:trade union representatives (trade
Continuous progress/ improvement in this topic
unions) or elected representatives
will be audited based on the following parameters:(non-trade union organizations) in•
Design, review or include in current
the same workplace.
training programs the FoA requirements•For
non-trade
union
workers'
interpretation set by Rainforest Alliance,
organizations, if representatives areincluding those related to WOs.
permanently elected, it would be not•
Record of thematic FoA training
in compliance with the standard due
addressed directly with workers and WOs
to regular elections lacking.
(both TU and elected).
(iii) Free exercise of representation tasks(according to ILO C.98 and ILO C.135):•
All kinds of workers' organizations
should receive the same benefits.
•
Workers' organizations shall enjoy
adequate protection against any acts
of interference (ILO C.98).

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Refer to the AVP for further details.

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5.2.2Workers are not subject to discrimination orretaliation for reasons of past or present
workers’ organization or union membership
activities. Management does not punish,
bribe, or otherwise influence union members
or workers’ representatives. Records are keptof terminations of employment, including thereason for termination and workers'
affiliation with a union or workers’organization.
Management
does
notinterfere in the internal affairs of workers’organizations and/or unions nor in elections
or duties related to membership of suchorganizations.
ILO Right to Organize and Collective
Bargaining Convention, 1949 (No. 98)
ILO
Workers
Representatives
Recommendation, 1971 (No. 143)

5.2.3

Management
providesworkers’ representatives reasonable paid
time off from work to carry out theirrepresentation
functionsandattendmeetings.
Where needed, management provides theworker representatives with reasonablefacilities including meeting space, means ofcommunication and childcare.
Management gives worker organization
and/or trade union access to a notice board
to communicate information about theiractivities.
Management establishes genuine dialogue
with freely chosen workers’ representatives

Topic 1 - Internal affairs of WO•
It is the exclusive power of the WO toestablish their elections, representatives,
affiliation/disaffiliation processes, among
others.
•Training/ providing information on FoA
and Rainforest Alliance's interpretation of
its requirements is considered part of thescope of a CH.
•
Providinginformation
about
the
Rainforest Alliance Certification Programand its scope will not be considered an
act of interference, as long as it is the WOs
who decide, independently, if internalchanges are needed to be covered by the
Certification Program.

Among others:••

Management does not interfere in theinternalaffairsofworkers'organizations and/or trade unions.
Management does not interfere inelections or duties related tomembership of workers' organizations
or trade unions.

Refer to the AVP for further details.

Continuous progress/improvement in this topic
will be audited based on the following parameters:•
Design, review or inclusion in current
training programs the FoA requirementsinterpretation set up by Rainforest
Alliance, including those related torecognized WOs.
•
Record of thematic FoA training
addressed directly with workers and WOs(both TU and elected)
Topic 1 - Paid time off•
Applicable, in equal conditions to both TU
and elected WOs, regardless of theirnumerical affiliation.
•
As it is a benefit that has direct
repercussions
on
productivity,
thelimitations of this benefit will be set
according to negotiation between theparties.
Continuous progress/improvement in this topic
will be audited based on the following parameters:•
Recordofminutes,agreements,
negotiations, agendas, or similar where
the benefit and its scope are established(approximate days granted as benefits,
periodicity of paid time off, among
others), according to each WO.
•
Record of documentary evidence of thecorresponding payments.

Among others:•••

Worker representatives are provided
with necessary paid time off fromwork for their representation functions
and to attend meetings.
Worker representatives are provided
with facilities to carry out theirfunctions.
Management establishes a genuine
dialoguewithworkers'
representatives to collectively raise
and address working conditions andterms of employment.

Refer to the AVP for further details.

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to collectively raise and address working
conditions and terms of employment.
Management keeps records of the minutes
from meetings with worker organizations
and/or trade unions.
ILO Workers’ Representatives Convention,
1971 (No. 135)
ILO
Workers
Representatives
Recommendation, 1971 (No. 143)

Topic 2 - Minimum conditions for the exercise ofrepresentation tasks•
Paid time off, reasonable facilities,
meeting space, means ofcommunication, and a notice board areconsidered as minimum conditions, but
not exclusive, for the exercise ofrepresentation tasks.
•
Applicable, in equal conditions to both TU
and elected WOs, regardless of theirnumerical affiliation.
•
Childcare mentioned in the requirement
is not considered a minimum condition
for the exercise of representation duties.
The scope of this benefit will be
conditional on the negotiation between
parties, based on genuine dialogue.
Continuous progress/improvement in this topic
will be audited based on the following parameters:•
Recordofminutes,agreements,
negotiations, agendas, or similar where
the benefit and its scope are established,according to each WO.
Topic 3 - Genuine dialogue•
Genuine dialogue means that inputs fromall actors are considered equally. It cantake place about topic suggestions,
inputs, preventive measures, or any otheridea or topic that either CH management
or WOs (both TU and elected) propose.
•
Considering genuine dialogue is aprocess that requires the commitment ofboth negotiating parties, this topic will be
evaluated progressively, but not leniently.
•
A dialogue is genuine when at least thefollowing conditions are met:
• Parties dialogue voluntarily for thesake of learning or solving withtransparency and willingness.
••

For negotiations linked to labor
relationships, no assumption ofsameness among parties is key.
Freedom to openly disagree.

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Continuous progress/ improvement in this topic
will be audited based on the following parameters:•
Recordofminutes,agreements,
negotiations, agendas, or similar where
the genuine dialogue and review of the
topics indicated in the 5.2.3 requirement
are established, according to each WO.
•
Progressive
andtimelyattention/response from management to
the minutes/ inputs/ proposals received
by WOs (both TU and elected).
Topic 4 - Minutes of meetings with WOs•
Minutes of meetings with WOs areregistration documents, they are notthemselves
evidenceof
genuinedialogue.
Continuous progress/improvement in this topic
will be audited based on the following parameters:•
Recordofminutes,agreements,
negotiations, agendas, or similar where
the genuine dialogue and review of the
topics indicated in the 5.2.3 requirement
are established, according to each WO.
•
Progressive follow-up to agreements, inconsultation with WOs (both TU andelected).
•
Progressive
andtimelyattention/response from management to
the minutes/inputs/proposals received
by WOs (both TU and elected).

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3. Annex: Recognized WOs in Costa Rica
After legal and technical analysis, as well as consultation with interested parties, the Rainforest Alliance recognizes
two (2) types of workers’ organizations in Costa Rica:
(i)
(ii)

Trade union workers’ organizations.
Elected workers’ organizations (any non-trade union workers’ organization permitted by Costa Rican
legislation, with powers to negotiate job-related topics).

In respect of the human right Freedom of Association (FoA), all workers’ organizations with representation in farms
with the Rainforest Alliance seal in Costa Rica must have equal conditions both in the negotiation processes with
their employers, as well as in the recognition of minimum benefits necessary to perform their responsibilities(defined in requirements 5.2.3).
The equity of conditions extends, but is not limited to:• Applicable for both TU and elected WOs, regardless of their numerical affiliation.
•

Stakeholder consultation at least 2 weeks before a planned audit process, as well as on-site and offsite interviews, will be implemented according to Rainforest Alliance’s Risk Map and Certification and
Auditing Rules (CARs) 4.2.2, 4.2.7, 4.2.8, and 4.2.13.

•

Rainforest Alliance-led training.

Hereby, the Rainforest Alliance recognizes that a Workers’ Organization must have, as a minimum, the following
characteristics:
1.
2.

Voluntary and independent.
With representatives chosen in regular and free elections.

Here you can see the approved definition of each recognized WO in Costa Rica.

Trade Union Workers’ Organizations
T•

Members of Federations, Confederations, Coordinators, or Global Union Federations.

•

Recognized as set in art. 339 and 342 of the Labor Code of Costa Rica.

•

They negotiate Collective Bargaining Agreement (CBA) with employers. The CBA is a
type of collective bargaining in Costa Rica (art. 62 of the Political Constitution ofTrade unions

CR; Art. 56 and 696 of the Labor Code of Costa Rica).

•

The negotiation or existence of a CBA does not limit or make impossible thenegotiation of new agreements with an elected workers’ organization regarding
topics not contained in a CBA (OFICIO-MTSS-DAJ-AER-013-2024 of the Ministry ofLabor).

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Elected Workers’ Organizations
C
CommitteesofWorkers

Representatives, or otherAll those permitted by local legislation, including but excluding other temporary
workers’ coalitions, or thematic committees of workers (Labor Code of Costa

thematic committees

Rica).

•P•

Recognized as set in art. 614 and 615 of the Labor Code of Costa Rica; Decree No.
37184 of the Ministry of Labor.

•

Structures whose scope of action is perceived as permanent. The so-called“permanent” work is regularly linked with the compliance monitoring of theagreements contained in the instruments resulting from a direct agreement
negotiation between a Permanent committee and the management (Rainforest
Alliance’s interpretation).

•

The representatives are temporary delegates who represent workers' interests
within the scope of the instrument resulting from a direct agreement negotiation,with a validity average of 2 to 3 years (Rainforest Alliance’s interpretation).

Permanent committees•

They negotiate direct solutions with management through a direct agreement
process. The result of the negotiation is an internal instrument that contains thesolution negotiated between parties. Agreements between parties can be focusedon the creation or not of working conditions not contained in a previous legal
instrument or CBA (OFICIO-MTSS-DAJ-AER-013-2024 of the Ministry of Labor).

•

The direct agreement process is a type of collective bargaining in Costa Rica
(Decree No. 37184 of the Ministry of Labor).

•

The existence of an instrument negotiated between a Permanent committee andthe management does not limit or make it impossible to negotiate a CBA with a
trade union workers’ organization (Resolution
Constitutional Chamber of Costa Rica).

No.

2011-012457

of

the

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