Employment Service Convention, 1948 (No. 88) - Dominican Republic (RATIFICATION: 1953)

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Articles 1 to 5 of the Convention. Modernization of the employment service. Participation of the social partners. The Committee refers to its comments in relation to the Employment Policy Convention, 1964 (No. 122), in which it takes note of the process of preparing a new National Employment Plan (PLANE) with the participation of the social partners. The objective of the new PLANE is to promote the creation of 600,000 new decent jobs for the 2021–24 period. The Committee notes that the PLANE project measures include technical and vocational training to promote the development of human talent and the employability of the population in situations of great vulnerability and the modernization of the Public Employment Service (SENAE). The Committee also notes the information provided by the Government on the number of people who benefited from the services of SENAE during the reporting period. In particular, the Government indicates that, between 2017 and July 2021, SENAE referred 19,767 people (11,772 men and 7,995 women) to job vacancies, of whom only 2,880 (1,771 men and 1,109 women) were confirmed to have been placed in formal jobs. The Government also indicates that 145,263 jobseekers registered with the “Empleateya” Employment Exchange, of whom 60 per cent were women. The Government adds that, with the technical assistance of the Inter-American Development Bank (IDB), the Employment Exchange is being improved, with a view to a more modern platform that will provide accurate data on supply and demand for jobs. The Government also indicates that during the reporting period a total of 3,273,315 people participated in training activities or courses provided through the National Institute for Vocational and Technical Training (INFOTEP) and that technical assistance and support was provided to 12,631 enterprises of all sizes (micro, small, medium and large). Lastly, the Government reports that in 2021 more than 52 employment days were held nationwide with a total of 6,873 vacancies, mostly in the service, hospitality and tourism sectors. The Government indicates that this service, organized by SENAE, is effective in placing 40 per cent of candidates. The Committee requests the Government to continue providing detailed and updated information, including statistics disaggregated by sex, age and region, on the impact of the employment services and training programmes on the obtention of lasting employment. It also requests the Government to provide information that will allow it to examine how the social partners are involved in the preparation and application of public employment service policies. The Committee also requests the Government to provide information on the measures taken or envisaged to implement the new National Employment Plan (PLANE), including those related to the modernization of the Public Employment Service (SENAE), and the number of applications for employment received, vacancies notified and persons placed in employment by the offices.

Articles 7 and 8. Specific needs of persons with disabilities and young people. The Committee refers to its comments on Convention No. 122 in which it notes the implementation of various programmes to promote the employment of young people, such as the Primer empleo (initial employment) programme and the Escuela taller (workshop as school) programme. The Government indicates that 45 women and 47 men in a vulnerable situation took part in the latter in the first half of 2021 and 24 per cent of the participants were young people with disabilities. The Government adds that, with a view to promoting equality between men and women, it is ensured that half of those admitted to the programme are women and they are encouraged to engage in trades traditionally carried out by men, including electrical work, construction and plumbing. The Government also reports that the Ministry of Labour and the National Council on Disability (CONADIS) received the United Nations Development Programme’s (UNDP) signature Gold Gender Equality Seal for the good practice of the Escuela taller (workshop as school) programme, which has incorporated an inclusive approach into its workshops, achieving the labour inclusion of young people through the learning of a trade that prepares them for employment and entrepreneurship. However, the Committee notes the Government’s indications that it does not have information on the impact of the programmes implemented since 2016 due to a lack of resources. In this respect, the Government indicates that in 2019 it engaged in dialogue with the non-profit organization Innovations for Poverty Action, with a view to establishing a permanent system for evaluating the impact of programmes. However, following the outbreak of the COVID-19 pandemic and the resulting crisis, other programmes for the protection of jobs were prioritized. The Committee requests the Government to provide detailed and updated information on the measures adopted to respond appropriately to the needs of certain categories of workers, particularly young people and persons with disabilities and other jobseekers in a situation of vulnerability. It also requests the Government to continue providing detailed and updated information on the activities undertaken as part of the Government initiatives to promote the employment of young people and persons with disabilities, including statistical information disaggregated by age and sex, and on the results of the employment services’ programmes for the placement of young people in lasting employment. Regarding the gathering of data on the impact of the various measures implemented, the Committee requests the Government to provide information on any progress made in this area and recalls that it may avail itself of ILO technical assistance in this respect.

Article 11. Effective cooperation between the public employment service and private employment agencies. The Committee notes that the Government refers to the adoption of measures with a view to establishing a national employment system that governs all the employment agencies in the country (public and private, for profit and non-profit), in order to obtain better statistics on the supply and demand for jobs. In this respect, the Government reports that these measures were adopted with the support of the Public Employment Service Unit of Colombia and the technical assistance of “Eurosocial+”, the European Union (EU) programme for social cohesion in Latin America. The Committee requests the Government to provide detailed and updated information on the nature and impact of the measures adopted to guarantee effective cooperation between the public employment service and private employment agencies in the country. It also requests the Government to provide information on the number of private employment agencies, and the number of applications for employment received, vacancies notified and persons placed in employment by these agencies.

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Articles 1–5 of the Convention. Modernization of the employment service. Participation of the social partners. The Committee notes the information provided by the Government in its report which indicates that the National Employment Plan, adopted in 2014, was developed through a process of tripartite consultation. Regarding the National Employment Plan, the Committee refers to its comments on the Employment Policy Convention, 1964 (No. 122). The Committee notes that, according to the data provided by the Government, between August 2016 and April 2017, the public employment service received 37,989 applications for employment, advertised 7,596 vacancies and made 1,575 placements. With regard to the reinforcement of the National Employment Service (SENAE), the Government indicates that the number of regional employment offices has been increased and that the modernization of the Electronic Employment Exchange (BEE) has resulted in the registration of 19,324 jobseekers and 258 firms which register their vacancies. The Government adds that, in 2016, vocational guidance was provided to 53,252 jobseekers through 1,096 workshops held in locations including technical institutes, vocational training centres and schools. Regarding rural areas, the Committee notes the implementation since 2014 of the Ministry of Labour’s communication strategy, “Bringing communities closer”, in 11 communities, which in 2015 provided services for 4,197 unemployed people, mainly young people, working in collaboration with local partners. The Committee also notes the acquisition of a mobile employment unit to strengthen the SENAE, facilitating access for rural communities. The Government adds that 31 employment days were held in 2016 in which 2,563 vacancies were available and 8,205 people were interviewed. The Committee notes that the Ministry of Labour has developed a proposal to regularize the recruitment of foreign workers with a view to ensuring that the proportion of local and foreign workers is maintained at 80 and 20 per cent, respectively, as envisaged in the Dominican Labour Code. The Committee requests the Government to provide detailed information in its next report, including statistics disaggregated by gender, age and region on the impact of employment services and training programmes on obtaining lasting employment. Similarly, the Committee requests the Government to continue providing information as a basis for assessing the manner in which the social partners are involved in the development and application of public employment service policies. The Committee also requests the Government to continue providing information on the measures taken or envisaged to implement the National Employment Plan, and on the number of job applications received, job vacancies advertised and placements made by the offices.

Articles 7 and 8. The specific needs of persons with disabilities and young persons. The Committee notes with interest that, with a view to facilitating the integration of the most vulnerable young unemployed persons, the Government has implemented several training programmes in which 10,037 vulnerable young people have participated. The Government adds that, within the context of the “Training Programme for Young People in Different Occupations”, the workshop coordinated by the Ministry of Labour trained 602 unemployed young people aged from 18 to 26 years old, of whom 25 per cent had some kind of disability, in occupations such as carpentry, bricklaying, electrical work and handicrafts. Furthermore, with a view to contributing to the employment of the hearing impaired and those with moderate learning difficulties, since 2015 it has been implementing the “Special Projects Workshop”, which offers specialized training in artistic handicrafts to young persons with disabilities. The Government adds that in 2014 it established the “Entrepreneurship Unit” under the auspices of the General Labour Directorate. Beneficiaries of the Unit include 430 unemployed young people from different regions, aged between 20 and 35 and with the potential to be self-employed, from three vulnerable groups: persons with disabilities, single mother heads of household and young people who are not in employment, education or training (NEET). The Government has also been applying a new training model for youth entrepreneurship, collaborating with local partners to establish regional support forums and local support for the initiatives of young entrepreneurs in three municipalities of the country. The Committee requests the Government to provide detailed information in its next report, including statistics disaggregated by gender and age, on the impact of training programmes on obtaining lasting employment, such as the Training Programme for Young People in Different Occupations and the Special Projects Workshop.

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Articles 1–5 of the Convention. Modernization of the employment service. Participation of the social partners. The Committee notes the information provided by the Government in its report relating to the National Employment Service (SENAE) and the various job placement methods used. The Government indicates that the SENAE carries out face-to-face job placement activities, via its 16 regional employment offices and technical jobseeking workshops, and virtual job placement activities, via the Electronic Employment Exchange. The Government adds that the SENAE organizes “employers’ days” for enterprises having more than 20 vacancies, and “promotion days” for jobseekers from vulnerable sectors. The Committee notes that the National Employment Commission is composed of representatives of the Government, and of employers’ and workers’ organizations. The Committee requests the Government to provide detailed information enabling it to examine the manner in which the social partners participate in the activities of the SENAE and the National Employment Commission relating to the organization and operation of the employment service. The Committee also requests the Government to continue providing information on the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by the offices (Part IV of the report form).

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Modernization of the employment service. Participation of the social partners. The Committee notes a communication from the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD), which was forwarded to the Government in September 2010, referring to section 444 of the Labour Code and the creation of the National Employment Commission in April 1983. The Committee notes the Government’s report received in October 2010. The Government indicates that the National Employment Service (SENAE) is a recently created body which strengthens the assistance in the field of employment provided by the General Directorate of Employment for persons who are seeking access to sources of labour and for enterprises. In October 2007, the SENAE launched the Electronic Employment Exchange and the establishment is envisaged of local employment offices in 16 cities in the country. The Government provides data on jobseekers, vacancies notified and enterprises registered, as well as the guidance workshops and employment fairs organized. The Committee invites the Government to continue providing information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the offices (Part IV of the report form). The Committee hopes that the next report will provide information that allows it to examine the participation of the social partners in the activities of the SENAE. The Committee recalls that Articles 4 and 5 of the Convention envisage the cooperation of the representatives of employers and workers through advisory committees in the organization and operation of the employment service and in the development of a policy on employment services.

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Modernization of the employment service. Cooperation with the social partners. In reply to the previous comments, the Government provides information in the report received in October 2005 on the activities of the Secretariat of State for Labour and the establishment of an Integrated Information Services Centre which offers training courses to workers. Around 6,300 workers will be placed in the labour market in 2005. Taking into account the worrying labour market situation that is examined in relation to the application of the Employment Policy Convention, 1964 (No. 122), the Committee requests the Government to provide more detailed information on the measures taken to ensure the efficient operation of the free public employment service, with the cooperation of the social partners, and comprising a network of employment offices sufficient in number to meet the needs of employers and workers throughout the country (Articles 1 to 7 of the Convention). It requests the Government to include in future reports statistical information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices (Part IV of the report form).

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Article 9 of the Convention. The Committee notes that the number of technical staff in the employment service has been increased through public competition and personal assessment. The Committee requests the Government to provide precise information on the legal status and conditions of service of employment service staff and other information required by the report form with regard to this provision of the Convention.

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In its observation of 1995, the Committee referred to the Government's previous information that the National Employment Commission remained inoperative, and to the modest role played by the General Directorate of Employment and Human Resources of the State Secretariat for Labour on the Dominican labour market. The Committee takes note of the Government's recent report, to the effect that thanks to the collaboration of the ILO, the Employment Service has launched an electronic exchange on the Internet which provides personal data, information on diplomas and certificates, addresses and telephone numbers of persons seeking employment. In collaboration with the San José multidisciplinary team and the ILO Area Office in Mexico, plans of action aimed at improving the organization of the labour market have been drawn up. The Committee trusts that the Government will continue to provide information on these activities, which broadly implement the provisions of Articles 1, 2 and 3 of the Convention, in such a way as to ensure that the network of employment offices can meet the new requirements of the economy and of the working population.

Articles 4 and 5. The Committee takes note of Decree No. 381-96 of 28 August 1996 transforming the tripartite National Employment Commission into a body able to discharge its responsibilities effectively. In addition, three tripartite Regional Employment Committees have been set up. The Committee notes the main areas of activity identified for 1998 (development of institutions, training, social and labour diagnostics and information, and development and implementation of job-creation programmes). The Committee requests the Government to continue to provide information in its future reports on any specific arrangements made through the National Employment Commission and the Regional Employment Committees in the areas covered by the Convention.

Article 6 and 7. With regard to the functions of the employment service (Article 6(c) and (e)), the Committee has taken note the analysis, carried out in 1995 by the country's Central Bank, of the measurement of employment on the basis of household surveys, and of the employment statistics for 1997 provided by the Government. The Committee trusts that the Government will continue to develop the activities required by the Convention and provide the relevant information in this respect.

In a separate direct request, the Committee is raising a matter relating to the application of Article 9 of the Convention.

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With reference to its previous comments, the Committee takes note of the information provided by the Government in its report.

Articles 4 and 5 of the Convention. The Government states that the National Employment Commission still remains inoperative and that no measures have been adopted in order to assure its functioning. In its previous reports the Government referred to measures contemplated with a view to achieving the technical and institutional reinforcement of the above-mentioned Commission, and in particular to the document of the State Secretariat for Labour concerning the subject. The Committee trusts that the Government will not fail to adopt practical measures, in the very near future, to ensure the operation of the National Employment Commission, in order to give effect to these Articles of the Convention, which provide for the arrangements that shall be made through the advisory committees for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service policy. It asks the Government to provide, in its next report, information on any progress made in this regard.

Articles 6 and 7. The Government indicates once again that the General Directorate of Employment and Human Resources of the State Secretariat for Labour, responsible for organizing a free public employment service, still plays a modest role on the Dominican labour market. It also states that the project entitled "National Employment Plan 1988-90", to which reference was made in the report received in 1989, has not been put into practice due to the lack of financial resources. In its report of 1990 the Government indicated that no adequate measures had been taken over the past few years in order to satisfactorily apply the provisions of these Articles. In this situation the Committee can but reiterate its hope that the Government will adopt appropriate measures, in the very near future, in order to improve the application of the provisions of paragraphs (c) and (e) of Article 6 (concerning the functions of the employment service) and of Article 7 (concerning measures to facilitate within the various employment offices specialization by occupations and by industries and to meet adequately the needs of particular categories of applicants for employment, such as disabled persons).

Article 9. The Committee notes the adoption of the Law on the Civil and Administrative Service No. 14/91, of 20 May 1991, according to which public servants are assured of stability of employment. The Committee notes, however, the provision of section 3, paragraph 1, of the above-mentioned Law, according to which the scope of the law is going to be extended gradually to cover various executive public bodies, in accordance with the order established by the President of the Republic. The Government indicates in this connection that the staff of the State Secretariat for Labour is not yet covered by the provisions of this Law. The Committee hopes that the scope of Law No. 14/91 will be extended in the near future in such a way as to cover the employment service staff, in order to give effect to this Article of the Convention, and asks the Government to provide, in its next report, information on any progress achieved in this regard.

Point IV of the report form. The Committee would be grateful if the Government would continue to provide statistical information on the results of the operation of the public employment service, as required by the report form.

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1. Articles 4 and 5 of the Convention. I. With reference to its earlier comments, the Committee takes note of the Internal Regulations of the National Employment Commission. It also notes that the Government indicates in its report that the above commission is not operating due, inter alia, to a lack of technical support. In this connection, the Committee takes note of the document of the State Secretariat for Labour concerning the technical and institutional reinforcement of the National Employment Commission, enclosed with the Government's report. The Committee trusts that, in its next report, the Government will be in a position to provide full particulars on the practical steps taken to ensure the operation of the above Commission.

II. In its report, the Government refers to the employment service provided through the State Secretariat for Labour, and includes a paper of a project entitled "Immediate plan of action for support to the National Employment Service", Santo Domingo, D.N., 10 February 1988. The Committee would be grateful if the Government would state whether the arrangements required by the above-mentioned provisions of the Convention have been made for the co-operation of representatives of employers and workers in the organisation and operation of the employment service and in the development of employment service policy.

2. Articles 6 and 7. In its last report, the Government indicates that the participation in the Dominican labour market of the General Directorate of Employment and Human Resources of the State Secretariat for Labour, responsible for organising a free national public employment service, has been limited. It adds that the projects mentioned in previous reports (functions of the General Directorate of Employment and Human Resources, the placement of rehabilitated handicapped persons and of workers in the domestic services) are being reviewed. The Committee takes note of this and recalls that it expressed the hope in previous comments that the Government would provide detailed information on progress made in improving application of the provisions of paragraphs (c) and (e) of Article 6 (concerning the functions of the employment service) and on the measures to facilitate specialisation within employment offices and to meet the needs of particular categories of workers (Article 7). It trusts that the Government will provide the information called for by the report form concerning the above provisions of the Convention.

3. The Committee notes with interest the paper on the project entitled "National Employment Plan 1988-90 (preliminary version)", Santo Domingo, D.N., January 1988, appended to the Government's report. It hopes that, in its next report, the Government will supply information on the assistance provided by the employment service in implementing this plan.

4. Article 9. With reference to its earlier comments, the Government states that it intends to reintroduce the preliminary Bill on the civil and administrative service, with a view to its adoption before the end of the Government's term. The Committee notes from the Government's indications that full stability or permanence of employment for persons employed directly in the National Employment Service is contemplated in the context of the above preliminary Bill. It trusts that the Goverment's next report will include information on the adoption of the Bill and a copy of the text once it has been adopted, so that the Committee can ascertain whether effect is given to the provisions of the above Article of the Convention.

5. Point IV of the report form. With regard to statistics on the results of the administration of the National Employment Service, the Government states that only the data on the operations of the head office are processed. The Committee would be grateful if, in its next report, the Government would include the statistical summary on the results of the administration of the National Employment Service along with the other statistical information called for in the above part of the report form.