Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Dominican Republic (RATIFICATION: 1956)

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The Government communicated the following information:

1. Trade union rights in free trade zones

As concerns the trade union rights of workers in free trade zones, the Government has provided a response, dated 19 March 1991, to the direct request of the Committee of Experts. Twenty enterprise-level unions in free trade zones are currently registered by the Trade Union Registration Section of the Secretary of State for Labour. All requests for information concerning free trade zones' trade unions' conformity with the law will, without delay, be complied with.

With regard to the low rate of unionisation of workers employed in free trade zones, this is due, fundamentally, to the fact that more than 90 per cent of the personnel of enterprises situated in these zones are women from rural areas working for the first time.

Moreover, the draft Labour Code (which is currently being discussed by employers and workers before being submitted to the National Congress in conformity with the provisions of Decree No. 404/90) contains provisions aimed at overcoming all hesitation by administrative labour authorities to register these unions. In this sense, article 380 of the draft provides that "if within 60 days, the Secretary of State for Labour does not proceed to registration, the workers may give notice that such a decision shall be made and if it is not taken within 30 days, the union will be deemed to be registered with full legal effect attached with such registration".

2. Workers in agricultural enterprises employing no more than ten workers

Section 265 of the current Labour Code will be repealed when the draft of amendments to the Labour Code is adopted. The draft provides that the Code will no longer exclude agricultural enterprises which do not employ more than ten workers on a continuous and permanent basis. Henceforth, agricultural enterprises, agro-industries, farming and forestry which employ, in a continuous and permanent manner, ten or more workers, will be regulated by their provisions of the new Code (section 285 of the draft Labour Code).

3. Public officials and other workers and technicians in the public sector

Section 13 of Law No. 520 of 1920 was repealed by the Constitution of the Republic which recognised freedom of association and established that international conventions ratified by the Dominican Republic would be internally binding standards. These provisions are recent, superseding earlier law. According to article 46 of the Constitution of 1966: "all laws, decrees, decisions, regulations and acts contrary to the present Constitution are null and void".

In addition the Law on Public Function and Administrative Career, approved by the Chamber of Deputies on 22 January 1991 and by the Senate of the Republic on 8 May 1991, provides for the right of organisaton of agents of the public service (section 30 of the Law).

Law No. 56 of 24 November 1965, and Law No. 5915 of 1962, will be repealed with the approval of the draft of amendments of the Labour Code which, as has already been indicated, is currently the subject of discussions between employers and workers, before its submission to the National Congress (section 736 of the draft Labour Code).

Law No. 2059 of 22 July 1949 neither refers to freedom of association nor restricts it. Moreover, in the draft of amendments to the Labour Code, it is proposed to partially amend the law to the extent that employees of autonomous institution of State of a commercial or industrial character or in the transport sector will be regulated by the labour law, including provisions concerning the right to organise, to bargain collectively and to strike (sections 2 and 737 of the draft Labour Code).

In conclusion, in this area, the Law on Public Function and Administrative career, which came into effect with approval of the national Congress, confirms the right of trade union organisation of agents of the public function and repeals all related provisions in Law No. 2059 of 22 July 1949.

4. Restrictions on the right to strike

The draft of the new Labour Code takes into account the recommendations of the Committee of Experts: section 371 of the Labour Code is modified and section 408 of the draft excludes from the definition of "permanent public services" transport, the retailing of foodstuffs in markets, sanitary services and the sale of transport fuel. This exclusion means that strikes and work stoppages in these services will be authorised when the new Code is approved.

Similarly, section 373 of the current Code (which refers to sympathy and political strikes) will be suppressed by section 410 of the draft. Law No. 5915 of 1962 which forbids solidarity strikes will be expressly repealed by section 736 of the draft of the new Labour Code.

Regarding the vote required by section 374 of the current Labour Code to declare a strike, section 411 of the draft of amendments to the Labour Code reduces to 51 per cent the majority needed to call a strike.

In the draft of amendments to the Labour Code, it is anticipated that the arbitration procedure will be deemed activated from the date of notification of the judicial decision issued upon resumption of work, this resumption shall take place within the five days which follow the date of the above-mentioned judicial decision (sections 414 and 688 of the new Labour Code).

As concerns the conclusion of the Committee on Freedom of Association, in Case No. 1549, it should be noted that in cases of strikes touching upon public services, the workers currently have the right to resort to the National Wages Committee if the subject is within the competence of this Committee (section 370 of the Labour Code); that arbitration is regulated by section 636 and following of the current Labour Code. In consequence, the current Code includes a scheme which places in impartial hands, the regulation conflict involving economic and social order.

In addition, a Government representative, the Secretary of State for Labour, referred to the question of trade union rights of workers in free trade zones and Convention No. 87. As was pointed out in his Government's written communication, 20 enterprise-level unions were currently registered for such zones and the low rate of unionism could be due to the fact that most workers in these zones were peasant women from rural areas working for the first time. From October 1990 to May 1991, all unions requesting registration had it granted within the ten days allotted under the current Labour Code. The largest number of free trade zone unions was in the Province of San Pedro di Marcores, which had a long tradition of unionism. He repeated that the draft Labour Code contained provisions aimed at overcoming any reluctance by the administrative labour authorities to register unions in these zones. On the question of the right to organise of workers in agricultural enterprises employing no more than ten workers and public officials and other workers in the public sector, he reiterated that the new draft Labour Code would no longer exclude agricultural enterprises from its scope and that the new Act on the Public Service and Administrative Careers (promulgated on 28 May 1991) provided for the right to organise of public servants. On this latter point, with the approval of the draft amendments to the Labour Code, currently being discussed, Act No. 56 of 1965 and Act No. 5915 of 1962 would be repealed; he stated that Act No. 2059 of 1949 referred neither to freedom of association nor restricted it. In any case, the draft amendments to the Labour Code proposed partially to amend that Act so that the Labour Code would apply to the employees involved. Regarding restrictions on the right to strike he again referred to his Government's written communication, stressing that the new Labour Code took into account the recommendations of the Committee of Experts so as to exclude from the definition of "permanent public services" transport, the retailing of foodstuffs in markets, health services and the sale of transport fuel. Likewise, the new Labour Code would expressly repeal the current bans on sympathy, political and solidarity strikes. The new draft would reduce to 51 per cent, the majority vote needed for the calling of a strike. The new Code provided that arbitration did apply from the notification of the resumption of work which was to take place within five days after that notice had been issued. He repeated that the current Labour Code provided a formula for placing the settlement of economic and social disputes in impartial hands as arbitration required: one arbiter was designated by the workers, one by the employers and a third was appointed jointly by the parties.

Referring to Articles 1 and 2 of Convention No. 98 on the need to strengthen measures protecting workers against anti-union discrimination and acts of interference, the Government representative repeated the written information communited by his Government and set out in document D.4 stressing that the national Constitution expressly protected freedom of association by stating that "trade union organisation is free". In addition, the current Labour Code contained a number of provisions protecting trade union autonomy against interference by both employers and the public authorities. The new draft Labour Code would reinforce trade union rights by introducing trade union immunity to protect those forming a union, as well as union leaders; in the case of a dismissal, the employer would have to obtain the prior approval of the Labour Tribunal which would also have to examine whether there was a serious reason for such a dismissal or whether it was a reprisal based on the trade union activities of the official. The draft Labour Code would also substantially increase penalties for infringements of the Code. He explained that the question of dismissal of union leaders in free trade zones raised by the Independent Workers' Confederation before the Committee of Experts and the Committee on Freedom of Association had been taken by the unions concerned to the courts. In any case the draft Labour Code Would give absolute protection against dismissal on account of trade union activities in free trade zones. Lastly, the Government representative referred to his comments under Convention No. 87 concerning the exclusion of workers in agricultural enterprises employing not more than ten persons from the scope of the Labour Code.

The Workers' members noted the Government's written communication and the comments made by the Secretary of State for Labour describing a change in the situation concerning trade union rights in free trade zones. However, this information still had to be examined by the Committee of Experts. For the other points, the key element was the new draft Labour Code which, according to the Government, would take account of the comments made by the Experts. For Convention No. 87, these comments concerned limitations on trade union rights in agricultural enterprises employing no more than ten workers, major restrictions on the right to organise of public servants and on the right to strike in essential services. For Convention No.98, the outstanding comments concerned protection against acts of anti-union discrimination. One could talk of promised progress which had not yet taken place. The Workers' members believed that the conclusions should stress more precisely that the new legislation genuinely should respect all the obligations flowing from these two Conventions, as well as the conclusions and recommendations of the Committee on Freedom of Association in Case No. 1549 concerning strikes in essential services. All the information should be sent, including the text of the new legislation once adopted. In that way the Committee of Experts and the present Committee would be in a position to re-examine the situation next year.

The Employers' members, referring to Convention No. 87, pointed out that there were four different problems: firstly, on the question of whether freedom of association was being unreasonably restricted in free trade zones; the Committee of Experts felt that there were violations at least as far as small trade union organisations were concerned. The Government representative stated that unionisation might depend on the fact that the workers were mainly women from rural areas, but there were also other reasons for such a situation arising. According to the Government, the new Labour Code's provisions concerning registration of trade unions would considerably change and improve the situation, providing either for automatic recognition or the refusal to allow the registration of a union with the reasons being given. Secondly, a similar situation existed regarding freedom of association in the agricultural sector where, once against, the new Labour Code was supposed to bring about considerable change by abolishing the current restrictions. Thirdly, the same would happen to restrictions which have existed up to now regarding the trade union rights of public servants. They believed that these three problem areas would therefore be removed. Fourthly, as regarded restrictions on the right to strike, the Experts had given their classic definition of the right to strike, that is, that restrictions on the right to strike could be allowed in essential services in the strict sense of the term as understood by the Committee of Experts. The Employers' members did not necessarily think that this was the case as contemplated by the Convention, but this question did not need to be considered in greater depth here because the Government had stated that the legal situation was going to be changed. Of course, if the Government followed the wishes expressed by the Committee of Experts, no one would criticise it; but they were of the view that essential services in the strict sense of the term could not be defined as only concerning risks of life and limb or the provision of water and electricity. Other things could be covered by essential services as the Employers had already recalled in earlier discussions. For example, the Experts did not believe that education was an essential service which the Employers found difficult to understand given its fundamental significance. There was also the definition given in Article 31 of the Vienna Convention on the Law of Treaties. Since the Government had declared that it was going to change the situation, the Employers' members would not criticise it for following the Experts' recommendations.

As for Convention No. 98, the Employers' members noted the Government reply that it wanted to, and was going to, amend its legislation in order to bring it into line with this Convention. Thus a long discussion on this question was not necessary. Nevertheless, they noted that the Convention talked of "adequate" protection and implementation "in accordance with national law", and that specific concrete measures were not specified. There were many ways of applying this Convention and it was quite correct to refer to the ILO Constitution under which States Members undertook to apply all the Conventions they ratified and to adopt the necessary measures for their implementation. A member State had a certain room to manoeuvre in this respect and the supervisory bodies could determine the validity of the measures chosen. Since the Government had announced basic legislative reforms along the lines wished by the Committee of Experts, they did not wish to go further into this question; but they hoped that the conclusions would take their view into account.

The Government member of Germany agreed in principle with the proposals made by the Workers' members but wondered whether, firstly, specific progress had indeed been achieved in free trade zones and in working conditions there. Secondly, he wondered whether a reference in the present Committee's conclusions to the need to implement the recommendations of the Committee on Freedom of Association would be outside this Committee's mandate. As far as this particular case was concerned, he did not have any reservations really, although he pointed out that the fact that his Government was prepared to follow the Committee of Experts should not be interpreted as meaning that all governments who, at the present Committee, reached a consensus supporting the conclusions based their interpretation on the Committee of Experts.

The Government member of Argentina made the point that essential services were those which could, because of their duration, affect the life, personal safety and health of the population. No one in particular was identified, but rather the concept; to try to include education or any other service therein was not the job of the present Committee. The Committee had to adhere to the clear concept as defined by the ILO.

The Workers' member of the Dominican Republic pointed out with respect to free trade zones that these areas had grown tremendously in his country: there were now three industrial parks having more than 350 enterprises employing 120,000 workers. This was undoubtedly a means of minimising unemployment which stood at around 30 per cent in the Dominican Republic. But the working conditions in some enterprises in these zones were totally inhuman where the treatment was like that meted out in jails. The Dominican Republic Trade Union Confederation (CNTD), and other organisations, had been involved in a fierce struggle to organise as many workers as possible and to negotiate collective bargaining agreements for better working conditions. To date their efforts had not been successful. Between October 1990 and April 1991, the Ministry of Labour had recognised various trade unions in the free trade zones, five of these belonging to the CNDT. In undertakings like Westinghouse, Electric Corporation, Undergarment Fashion, Silvanya and others, once the existence of a union was known, there were dismissals of both union members and officials. The companies in these zones simply did not tolerate trade unions. In the recent past, the labour authorities had assisted these undertakings, which were mainly multinationals.

The Workers' member of the United Kingdom found that arguments were intruding into this discussion which did not affect the case whatsoever. The Government representative had indicated his intentions, and the speaker did not think that any statement made by the Employers about the right to strike - which were not shared by the Workers - should be included in the conclusions of the present Committee. He also did not agree with the suggestion of the Government member of Germany that no reference should be made to the Committee on Freedom of Association in the conclusions. The speaker could refer to conclusions reached last year where reference was indeed made to the Committee on Freedom of Association. He did not believe that new principles should intrude into the discussion of the case where the Government representative had already indicated his willingness to conform with the recommendations made by the Committee of Experts.

The Employers' member of the United States noted that reference had been made to several United States multinationals operating in export processing zones in the Dominican Republic and informed the present Committee that the United States Government, as part of its obligations under the 1988 Trade Act, had conducted in 1990 a series of investigations on the practices of US multinationals in a variety of export processing zones around the world, including the Dominican Republic. The conclusions of those studies were basically that US multinationals had exemplary practices as regarded the basic human rights standards of the ILO, that is, freedom of association, the right to organise, forced labour, occupational safety and health and child labour.

The Committee took note of the written and oral information provided by the Government and of the discussion which had taken place in the present Committee. It noted that in 1985 a direct contacts mission had prepared, in agreement with the Government, draft amendments in order to remove the serious divergencies existing between the legislation and the provisions of Conventions Nos. 87 and 98 in order to give effect to the comments made by the Committee of Experts. The Committee also noted that a new direct contacts mission had recently visited the Dominican Republic. It observed that several complaints concerning violations of freedom of association pointing to anti-union discrimination had been recently examined by the Committee on Freedom of Association. The Committee noted that the new Law on the Public Service, promulgated in May 1991, recognised the right of freedom of association for public servants. In addition, it noted with interest the assurances provided by the Government representative, according to which a draft Labour Code had been discussed with the social partners at a seminar held under the auspices of the ILO, in order to satisfy the comments of the Committee of Experts and to ensure full implementation of the provisions of these Conventions. The Committee trusted that the good provisions mentioned by the Government would come into force very shortly and would make it possible for the Committee of Experts and the present Committee to note real progress next year.

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The Government has sent the following information:

In the Dominican Republic, workers and employers have the right to establish the organisations of their choice without any distinction whatsoever and without previous authorisation, as well as the right to affiliate to such organisations, subject only to observance of the statutes of these organisations. The Government respects freedom of association fully and without restrictions as an expression of the right of association which is enshrined in the Constitution of the Republic.

As concerns the comments of the Committee of Experts on section 265 of the Labour Code, the Government reiterates that this provision, which excludes from the application of the Code workers in agricultural undertakings employing no more than ten workers, does not imply restrictions on their trade union rights, because of the undeniable possibility of forming or joining occupational unions under section 294 of the Code, and because the minimum legal number for forming a workers' union (at the undertaking level) is 20 members in accordance with section 292 of the Code.

The Government reiterates that in practice certain categories of public employees, in particular in decentralised, semi-autonomous and autonomous state bodies, have formed unions at the undertaking or occupational level. This has occurred in, for instance, the Electricity Corporation, the Water and Sewage Corporation of Santo Domingo, and the state undertakings, as well as in the autonomous University of Santo Domingo, and unions of doctors, nurses, and dock workers, among others. Public employees enjoy the right to belong to unions connected with their occupations or offices, so long as they observe the provisions of the relevant national legislation. Nevertheless, the labour authorities are examining the possibility of inserting in the national legislation certain specific limitations on the right to organise of public officials involved in high-level management or decision-making, so long as this is in conformity with Article 2 of the Convention. Whatever changes may be made in this respect will immediately be communicated to the International Labour Organisation.

In the public sector, unions exist in the semi-autonomous, autonomous and decentralised bodies of the State; and in some centralised bodies there are provisions in legislation or regulations which facilitate the establishment of organisations for special categories of workers (doctors, nurses, teachers, engineers, etc.). The public officials and support staff of centralised institutions do not belong to workers' or employers' organisations with in these bodies, as they are affiliated to organisations for special categories of workers (professional associations, etc.) in accordance with their individual and social rights laid down in the country's Constitution and laws. The labour relations of these workers are regulated by special laws.

The legal provisions which refer to the suspension or dissolution of workers' and employers' organisations were adopted under Title VIII (sections 352 to 356) o the chapter of the Labour Code concerning trade unions. In no case can a workers' or employers' organisation be dissolved or suspended by an administrative decision.

The right of affiliation to higher-level organisations is not limited or infringed in any way by the labour authorities.

As concerns the exercise of the right to strike, the unions enjoy full freedom in this respect so long as they observe the relevant provisions of the legislation. In most cases collective conflicts are resolved through the mechanisms of mediation and arbitration in order to avoid damage to the national economy and harming public order and civil peace. In addition, there are no restrictions whatsoever on exercise of the right to sympathy strikes so long as the initial strike which is being supported was legal.

The labour authorities are evaluating the possibility of amending section 374(3) of the Labour Code in order to reduce to a simple majority the number of workers in an undertaking necessary to declare a strike. Another possible amendment would remove transport in general from the list of permanent public services. The possibility is also being examined of reintroducing to the legislature a preliminary draft to repeal section 265 of the Labour Code, which has been introduced on several occasions but has encountered various obstacles. Another reform is being considered, which would guarantee fully the stability in their jobs in undertakings, of workers who are administrators of trade unions.

In addition, the national authorities have noted the suggestion of the Committee of Experts that the prohibition of political strikes be limited so that workers may come out on strike in protest against state economic and social policies which they consider to be contrary to their interests, it being understood that the main objective of unions should be to ensure the economic and social development and well-being of all workers, while respecting the Constitution of the Republic, the labour legislation and internal security.

The Government refers to cases of violation of freedom of association and the right to organise, alleged in the observations which the General Confederation of Workers (CGT) presented to the ILO in communications of 3 and 31 January 1989. The Government reaffirms its comments made in reply to these allegations and transmitted officially to the ILO in April and May of this year.

The labour authorities have noted carefully all of the suggestions made by the Committee of Experts, with a view to adopting the necessary measures to bring national legislation into conformity with the Convention as soon as possible.

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Previous comment

The Committee once again requests the Government to send its comments in relation to the joint observations sent by the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD) in 2020, which allege that practical difficulties persist in obtaining the registration of trade union organizations, particularly in the tourist transport sector.

In its previous comment, the Committee noted the observations of the CNUS, CASC and CNTD regarding the alleged lack of effectiveness of the Round Table established in 2016 to ensure compliance with international labour standards. The Committee notes with interest that the Round Table was reactivated by an agreement signed on 25 October 2023. The Committee trusts that the matters covered in this observation will be taken into account in the discussions within the Round Table.

Legislative matters. The Committee recalls that for a number of years it has been requesting the Government to take the necessary steps to amend the following legislative provisions which are not in conformity with Articles 2, 3 and 5 of the Convention:

• section 84(I) of the regulations implementing the Civil Service and Administrative Careers Act (Decree No. 523-09), which maintains the requirement to affiliate at least 40 per cent of the total number of employees enjoying the right to organize in the institution concerned, in order to be able to establish an organization of civil servants;
• section 407(3) of the Labour Code, which requires at least 51 per cent of workers’ votes in the enterprise in order to call a strike; and
• section 383 of the Labour Code, which requires federations to obtain the votes of two-thirds of their members to be able to establish confederations.

The Committee notes the Government’s indication that it is in the process of revising and amending the Labour Code and that it has prioritized the inclusion of content aimed at facilitating the application of the Convention. The Government emphasizes that the Committee’s comments have been taken into account and discussed in the preparatory work for the Labour Code reform and indicates that the Committee for reviewing the Labour Code will continue to meet regularly until the revision is completed. The Committee urges the Government, through effective social dialogue, to adopt the new Labour Code in the very near future, and firmly expects that, taking into account the Committee’s comments, these legislative amendments will be in full conformity with the Convention. The Committee requests the Government to provide information on all developments in this respect and to provide it with a copy of the new Code once it has been adopted. The Committee also requests the Government to indicate what measures have been taken to bring legislation governing public sector workers into conformity with the Convention.

The Committee recalls that the Government may, if it so wishes, avail itself of ILO technical assistance.

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The Committee notes the joint observations of the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), received on 1 October 2020, which allege that practical difficulties persist in obtaining the registration of trade union organizations, particularly in the tourist transport sector. The Committee requests the Government to send its comments on this matter.

The Committee also takes note of the supplementary report sent by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020), which does not add any information on the outstanding issues. The Committee therefore reiterates the content of its observation adopted in 2019, which is reproduced below.

The Committee notes the observations of the CNUS, the CASC and the CNTD, of 3 September 2018 and 5 September 2019, addressed in the present observation.

Application of the Convention in practice. The Committee duly notes that the Government, in its responses to the observations of 2013 of the International Trade Union Confederation (ITUC) relating to acts of violence and threats against leaders of the National Union of Workers of Frito Lay Dominicana (SINTRALAYDO), indicates that: (i) the investigations conducted did not establish the existence of acts of violence or threats against trade union leaders; (ii) the charges against the company were never reported on the various occasions that the union and company participated in round table negotiations led by the Directorate of Mediation and Arbitration; and (iii) the Labour Inspectorate did, in fact, note unfair practices in the sector and imposed the appropriate penalties. With respect to the 2016 observations of the CASC, CNUS and CNTD on the practical obstacles to obtaining legal personality for trade unions, the Government indicates that in 2013 all registration applications were granted and that between 2014 and 2016 the registration applications of three trade unions were rejected as they did not comply with substantive criteria (they did not corroborate their members’ worker status or comply with the minimum number of 20 workers).

Legislative issues. The Committee recalls that for a number of years it has been requesting the Government to take the necessary steps to amend the following legislative provisions which are not in conformity with Articles 2, 3 and 5 of the Convention:

• -section 84(I) of the regulations implementing the Civil Service and Administrative Careers Act (Decree No. 523-09), which maintains the requirement to affiliate at least 40 per cent of the total number of employees enjoying the right to organize in the institution concerned, in order to be able to establish an organization of civil servants;
• -section 407(3) of the Labour Code, which requires at least 51 per cent of workers’ votes in the enterprise in order to call a strike; and
• -section 383 of the Labour Code, which requires federations to obtain the votes of two-thirds of their members to be able to establish confederations.

The Committee also recalls that in its previous comments, it had noted that the Commission for Reviewing and Updating the Labour Code, established in 2013, was at that time engaged in discussions and consultations, that the amendments proposed had been discussed by the Labour Advisory Committee and that on 1 July 2016 a tripartite agreement was signed in order to establish a Round Table on Matters relating to International Labour Standards, the main objective of which is to ensure observance of international labour standards. The Committee notes that, according to the Government, meetings have been held by the Ministry of Labour and the Ministry of Public Administration in the public sector aimed at bringing legislation governing this sector into line with international conventions; that the Commission for Reviewing and Updating the Labour Code is continuing with consultations and discussions in the private sector; and that tripartite meetings have been held with a view to possibly reforming the Code. The Committee also notes that, in their observations of 2018 and 2019, the CASC, CNUS and CNTD criticize the functioning both of the Commission for Reviewing and Updating the Labour Code and the Round Table on Matters relating to International Labour Standards, questioning their effectiveness and claiming that there is a reluctance to engage in dialogue.

The Committee refers to its observation within the framework of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), relating to the functioning of the Commission for Reviewing and Updating the Labour Code and the Round Table on Matters relating to International Labour Standards. The Committee expresses the strong hope that, through effective social dialogue, the new Labour Code and new legislation governing workers in the public sector will be adopted in the very near future and that, taking into account the Committee’s comments, these legislative revisions will be in full conformity with the provisions of the Convention. The Committee requests the Government to provide information on all progress made in this respect and recalls that the Government may, if it so wishes, seek technical assistance from the Office.

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The Committee notes the observations of the Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), of 3 September 2018 and 5 September 2019, addressed in the present observation.

Application of the Convention in practice. The Committee duly notes that the Government, in its responses to the observations of 2013 of the International Trade Union Confederation (ITUC) relating to acts of violence and threats against leaders of the National Union of Workers of Frito Lay Dominicana (SINTRALAYDO), indicates that: (i) the investigations conducted did not establish the existence of acts of violence or threats against trade union leaders; (ii) the charges against the company were never reported on the various occasions that the union and company participated in round table negotiations led by the Directorate of Mediation and Arbitration; and (iii) the Labour Inspectorate did, in fact, note unfair practices in the sector and imposed the appropriate penalties. With respect to the 2016 observations of the CASC, CNUS and CNTD on the practical obstacles to obtaining legal personality for trade unions, the Government indicates that in 2013 all registration applications were granted and that between 2014 and 2016 the registration applications of three trade unions were rejected as they did not comply with substantive criteria (they did not corroborate their members’ worker status or comply with the minimum number of 20 workers).

Legislative issues. The Committee recalls that for a number of years it has been requesting the Government to take the necessary steps to amend the following legislative provisions which are not in conformity with Articles 2, 3 and 5 of the Convention:

• -section 84(I) of the regulations implementing the Civil Service and Administrative Careers Act (Decree No. 523-09), which maintains the requirement to affiliate at least 40 per cent of the total number of employees enjoying the right to organize in the institution concerned, in order to be able to establish an organization of civil servants;
• -section 407(3) of the Labour Code, which requires at least 51 per cent of workers’ votes in the enterprise in order to call a strike; and
• -section 383 of the Labour Code, which requires federations to obtain the votes of two-thirds of their members to be able to establish confederations.

In its previous comments, the Committee also noted that the Commission for Reviewing and Updating the Labour Code, established in 2013, was at that time engaged in discussions and consultations, that the amendments proposed had been discussed by the Labour Advisory Committee and that on 1 July 2016 a tripartite agreement was signed in order to establish a Round Table on Matters relating to International Labour Standards, the main objective of which is to ensure observance of international labour standards. The Committee notes that, according to the Government, meetings have been held by the Ministry of Labour and the Ministry of Public Administration in the public sector aimed at bringing legislation governing this sector into line with international conventions; that the Commission for Reviewing and Updating the Labour Code is continuing with consultations and discussions in the private sector; and that tripartite meetings have been held with a view to possibly reforming the Code. The Committee also notes that, in their observations of 2018 and 2019, the CASC, CNUS and CNTD criticize the functioning both of the Commission for Reviewing and Updating the Labour Code and the Round Table on Matters relating to International Labour Standards, questioning their effectiveness and claiming that there is a reluctance to engage in dialogue.

The Committee refers to its observation within the framework of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), relating to the functioning of the Commission for Reviewing and Updating the Labour Code and the Round Table on Matters relating to International Labour Standards. The Committee expresses the strong hope that, through effective social dialogue, the new Labour Code and new legislation governing workers in the public sector will be adopted in the very near future and that, taking into account the Committee’s comments, these legislative revisions will be in full conformity with the provisions of the Convention. The Committee requests the Government to provide information on all progress made in this respect and recalls that the Government may, if it so wishes, seek technical assistance from the Office.

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In its previous comments, the Committee noted the 2013 observations of the International Trade Union Confederation (ITUC) alleging acts of violence and threats against trade union leaders. In this respect, the Committee notes the Government’s statement that the Ministry of Labour is undertaking labour inspections and promoting dialogue and mediation, thereby effectively protecting freedom of association and the right to organize. The Committee requests the Government to indicate whether investigations have been carried out into the alleged acts of violence and threats and to inform it of the outcome thereof and of any measures taken in this respect. The Committee also notes the observations of the ITUC received on 1 September 2016 referring to legislative matters raised in the present observation and allegations of intimidation, arrest and dismissal of trade union members and leaders. In this respect, the Committee notes the Government’s indication that the occurrences referred to by the ITUC will be discussed in the Roundtable on Matters relating to International Labour Standards established by tripartite agreement, as referred to by the Committee in the present observation. The Committee further notes the observations of the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), received on 19 September 2016, concerning legislative matters raised in the present observation and practical difficulties for trade unions in obtaining legal personality. The Committee requests the Government to send its comments on this last point.

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

The Committee recalls that for a number of years it has been asking the Government to take the necessary steps to amend the following legislative provisions which are not in conformity with Articles 2, 3 and 5 of the Convention:

• -section 84(I) of the Regulations adopted under the Civil Service and Administrative Careers Act (Decree No. 523-09), which maintains the requirement to affiliate at least 40 per cent of the total number of employees enjoying the right to organize in the institution concerned, in order to be able to establish an organization of civil servants;
• -section 407(3) of the Labour Code, which requires at least 51 per cent of workers’ votes in the enterprise in order to call a strike; and
• -section 383 of the Labour Code, which requires federations to obtain the votes of two-thirds of their members to be able to establish confederations.

The Committee notes the Government’s statement that the Commission for Reviewing and Updating the Labour Code, which was established in 2013, is still engaged in discussions and consultations on the amendments proposed by the Committee. The Government also states that the amendments proposed by the Committee were discussed in the Labour Advisory Committee and, as a result of the discussions, a tripartite agreement was signed on 1 July 2016 concerning the establishment of a Roundtable on Matters relating to International Labour Standards, the main objective of which is to ensure observance of the aforementioned standards. The Committee welcomes the adoption of the tripartite agreement and observes that the regulations governing the Roundtable are currently being drawn up with ILO technical assistance, and that the Roundtable will meet at least on a quarterly basis to discuss the observations made by the Committee, to analyse and discuss the application of ratified Conventions, and to draw up the reports to be sent to the ILO supervisory bodies. While welcoming the tripartite agreement concluded in July 2016, the Committee hopes that the Committee’s comments, including those relating to the Civil Service and Administrative Careers Act, as well as the Labour Code, will be taken into account in the discussions to be held in the Roundtable on Matters relating to International Labour Standards, and that measures will be taken to bring law and practice into full conformity with the Convention. The Committee requests the Government to keep it informed of any developments in this respect.

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In its previous comment, the Committee noted the comments from the International Trade Union Confederation (ITUC) and other national workers’ organizations concerning allegations of refusal to register a number of trade unions. The Committee notes the Government’s statement that no applications for trade union registration are pending and all have received a satisfactory response. The Committee notes that the ITUC sent comments on the application of the Convention in a communication of 30 August 2013 alleging acts of violence and threats to trade union leaders. The Committee requests the Government to send its observations on this matter.

Article 3 of the Convention. Right of workers’ organizations to organize their activities. With regard to the Public Service Act No. 41 08 and its implementing regulations (Decree No. 523-09), the Committee notes the Government’s indication that workers in both the public and private sectors have the right to strike and, under the Labour Code, strikes are only prohibited in essential services, namely those public services or services administrated by a public authority the interruption of which would endanger the life, personal safety or health of all or part of the population (the legislature refers to services in the following sectors: communications; water, gas and electricity supplies; pharmaceutical products; hospitals; and services of a similar nature).

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For a number of years, the Committee has been asking the Government to take the necessary measures to amend the following legislative provisions which are not in conformity with Articles 2, 3 and 5 of the Convention:

• – section 84(I) of the Regulations adopted under the Civil Service and Administrative Careers Act (Decree No. 523-09), which maintains the requirement to affiliate at least 40 per cent of the total number of employees enjoying the right to organize in the institution concerned, in order to be able to establish an organization of civil servants;
• – section 407(3) of the Labour Code, which requires a majority of 51 per cent of workers’ votes in the enterprise in order to call a strike; and
• – section 383 of the Labour Code, which requires federations to obtain the votes of two-thirds of their members to be able to establish confederations.

The Committee notes the Government’s statement that it has shown interest in the subject of reform of the Labour Code, the issue currently being on the agenda of the subcommittee of the Labour Advisory Council. The Committee requests the Government to supply information in its next report on any progress made in this regard and trusts that, in the context of the reform, account will be taken of its comments, including those regarding the Civil Service and Administrative Careers Act.

The Committee is raising other points in a request addressed directly to the Government.

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In its previous comments, the Committee noted the adoption of the Public Service Act No. 41-08 and its implementing Regulations (Decree No. 523-09) and requested the Government to indicate whether the prohibition upon organizations of public servants from carrying out political activities or activities incompatible with the purposes of the State either within or outside the workplace, envisaged in section 88(1) of the Regulations, implies that public officials who do not exercise authority in the name of the State are prohibited from using strike action to support their positions in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on them and on workers in general, in particular with regard to employment, social protection and the standard of living.

The Committee also observed that section 88(2) of the Regulations prohibits organizations of public servants from promoting, initiating or supporting strikes in public services the interruption of which would endanger the life, personal safety or health of citizens and it requested the Government to specify the public services in which strikes can be prohibited.

The Committee once again requests the Government to provide the requested information in its next report.

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The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 4 August 2011, on the application of the Convention. The Committee also notes the comments of the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), dated 31 August 2011, on matters that are already under examination and concerning allegations relating to the refusal to register various trade unions. The Committee requests the Government to provide its observations in this regard.

The Committee also notes the Government’s indication in its report of the adoption of a new Constitution of the Dominican Republic, on 26 January 2010, which enshrines in article 62(3), (4), (5) and (6) the right to freedom of association and collective bargaining. In this respect, taking into account the constitutional provisions and the stimulus that they can give to achieving greater conformity with the provisions of the Convention, the Committee invites the Government, in consultation with the social partners, to take the necessary measures to amend the following legislative provisions on which it has been commenting for many years, to bring it into conformity with the Convention.

Article 2 of the Convention. Right to establish and join organizations without previous authorization. Section 84(I) of the Regulations adopted under the Civil Service and Administrative Careers Act (Decree No. 523-09), which maintains the requirement for organizations of civil servants to obtain 40 per cent of the total number of employees in the institution concerned with the right to organize.

Article 3. Right to formulate their programmes. Section 407(3) of the Labour Code, which requires a majority of 51 per cent of workers’ votes in the enterprise in order to call a strike.

Article 5. Right to establish federations and confederations. Section 383 of the Labour Code of 1992, which requires federations to obtain the votes of two thirds of their members to be able to establish confederations.

The Committee is raising other points in a request addressed directly to the Government.

The Committee requests the Government to provide information in its next report on any measure adopted with a view to amending the legislation.

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The Committee notes the recent adoption of the Public Service Act No. 41-08 and its implementing Regulations (Decree No. 523-09). In this respect, the Committee requests the Government to indicate whether the prohibition upon organizations of public servants from carrying out political activities or activities incompatible with the purposes of the State either within or outside the workplace, envisaged in section 88(1) of the Regulations, implies that organization of public officials who do not exercise authority in the name of the State are prohibited from using strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and the standard of living.

The Committee also observes that section 88(2) of the Regulations prohibits organizations of public servants from promoting, initiating or supporting strikes in public services the interruption of which would endanger the life, personal safety or health of citizens. The Committee requests the Government to

specify the public services in which strikes can be prohibited.

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The Committee notes the Government’s reply to the comments of the International Trade Union Confederation (ITUC), dated 28 August 2007, relating to matters that are under examination and the imprisonment of and imposition of excessive fines on two trade union leaders of the National Transport Confederation (CONATRA) and the National Dominican Transport Federation (FENATRADO) for having organized a strike in the transport sector. In this respect, the Government indicates that the persons concerned are employers in the transport sector who engaged in misappropriation of State property and were convicted by the courts of first and second instance in rulings that were confirmed by the Supreme Court of Justice.

The Committee notes the new comments of the ITUC, dated 26 August 2009, referring to legislative matters that are already under examination and the difficulties faced by workers engaged under subcontracts and by Haitian workers in sugar plantations to organize in trade unions. The Committee notes the Government’s indication that, from a legal and practical point of view, workers are entirely free to establish trade union organizations (in 2008, the registration of trade unions increased by 9.5 per cent). The Committee also notes the Government’s indication that, in the same way as in other commercial or service enterprises, workers enjoy full freedom in the sugar sector to establish unions and to engage in collective bargaining. Furthermore, the files of the Secretariat of State for Labour record a significant number of trade unions registered in this sector of the national economy. The Government adds that the Supreme Court of Justice has found on various occasions that foreign workers who work in the country enjoy labour rights irrespective of their status as migrants.

Article 2 of the Convention. The Committee recalls that it has been commenting for a number of years on:

–           the explicit exclusion from the scope of the Labour Code (Principle III) and the Civil Service and Administrative Careers Act of employees of autonomous and municipal state institutions (section 2); and

–           the requirement of 40 per cent of the total number of employees in the institution for public servants to be able to establish organizations (section 142(1) of the Regulations adopted under the Civil Service and Administrative Careers Act).

The Committee notes the Government’s indication that on 16 January 2008 the Public Service Act No. 41-08 was adopted, which recognizes the right of public servants to organize in accordance with the provisions of the law and any other standards that are in force. The Committee also notes the adoption of the Regulations issued under the Act (Decree No. 523-09). The Committee observes that the new Act repeals the Civil Service and Administrative Careers Act (section 104) and provides in section 1 that the Act shall apply to public servants working for the State, municipal authorities and autonomous entities. The Committee further notes that the implementing Regulations maintain the requirement that no less than 40 per cent of all the employees in the respective institution who are entitled to organize for the establishment of organizations of public servants (section 84(I) of Decree No. 523-09). The Committee recalls that the requirement of a minimum number of members to establish an organization is not in itself incompatible with the Convention, although it considers that this number should be fixed in a reasonable manner so that the establishment of organizations is not hindered (see paragraph 81 of the 1994 General Survey on freedom of association and collective bargaining). The Committee requests the Government to take the necessary measures to amend section 84(I) of the implementing Regulations (Decree No. 523-09) to reduce the percentage required for the establishment of organizations of public servants.

Articles 3 and 5. The Committee recalls that for many years it has been commenting on certain provisions of the Labour Code relating to:

–           the requirement that federations must obtain a two-thirds majority vote by their members to be able to establish a confederation (section 383 of the Labour Code of 1992); and

–           the statutory requirement of a majority of 51 per cent of workers’ votes in the enterprise in order to call a strike (section 407(3) of the Labour Code).

In this respect, the Committee notes the Government’s indication in its report that tripartite discussions have been resumed in the Labour Advisory Council with a view to discussing relevant reforms of these provisions. The Committee expresses the firm hope that the tripartite discussions that have been initiated will produce tangible results in the near future and that they will lead to the amendment of the legislation to bring it into full conformity with the provisions of the Convention.

The Committee requests the Government to provide information in its next report on any measure adopted to bring the legislation into full conformity with the Convention.

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The Committee notes the Government’s report and the reply to the 2005 and 2006 comments of the International Confederation of Free Trade Unions (ICFTU, now ITUC – the International Trade Union Confederation), which includes information concerning the registration of a trade union and the Haitian workers’ right to organize. The Committee also notes the comments of the ITUC of 28 August 2007, which refer to the matters under consideration and the imprisonment of and imposition of excessive fines on two trade union leaders from the National Transport Confederation (CONATRA) and the National Dominican Transport Federation (FENATRADO) for having organized a strike in the transport sector. The Committee asks the Government to provide its comments in this respect.

The Committee recalls that it has been commenting for many years on the following legislative matters:

–      the requirement that federations must obtain a two-thirds majority vote by their members to be able to establish a confederation (section 383 of the Labour Code of 1992);

–      the statutory requirement of a majority of 51 per cent of workers’ votes in the enterprise in order to call a strike (section 407(3) of the Labour Code);

–      the express exclusion from the scope of the Labour Code (Principle III) and the Civil Service and Administrative Careers Act of employees of autonomous and municipal state institutions (section 2);

–      the requirement of 40 per cent of the total number of employees in the institution in order for public servants to be able to establish organizations (section 142(1) of the Regulations adopted under the Civil Service and Administrative Careers Act).

With regard to these legislative matters, the Committee notes the Government’s statement to the effect that on 18 July 2007 the Advisory Council of the Secretariat of Labour held a session, within the framework of social dialogue, at which the Government and the social partners decided to work together on the legislative amendments. To this end, a team of three delegates was established for each sector to examine the respective proposals and send them to the National Congress. While emphasizing that the matters in question have been outstanding for many years, the Committee hopes that the working group will submit its proposals to the National Congress in the very near future, so that the legislation can be amended in pursuance of the provisions of the Convention. The Committee asks the Government to provide information in its next report on any measures taken in this respect and reminds it that technical assistance from the Office remains at its disposal.

The Committee has also been referring for a number of years to the following matters:

–      The opposition of certain enterprises in export processing zones to the establishment of trade unions and the disregard for trade union immunity. In this respect, the Committee notes the Government’s statement to the effect that: (1) in the past five years, an average of 12 trade unions have been registered each year in export processing zones; (2) in 2006, within the framework of the “Cumple y Gana” project sponsored by the US Department of Labor, two workshops aimed at employers and workers were held on labour law and satisfactory dispute settlement in the export processing zone sector; (3) a radio and written campaign was launched on labour rights and the fundamental ILO Conventions, with emphasis on freedom of association and collective bargaining; and (4) a dispute settlement system was introduced which allowed for the considerable improvement of relations between enterprises and trade unions.

–      Respect for trade union rights on sugar plantations, in particular the right of trade union officers to have access to and meet with workers in accordance with the principles of the Convention. The Committee notes the Government’s statement to the effect that, in May 2006, the Secretariat of State for Labour launched a campaign for the promotion, dissemination and observance of labour law in sugar refineries; that the director of the National Labour Inspectorate visited all sugar-producing areas, to which two labour inspectors are assigned on a permanent basis; that there has been a considerable improvement in working conditions in sugar refineries and that work-related entitlements have been paid to the workers of the refineries that were closed down. The Committee notes, however, that the Government does not refer in a specific manner to the observance of trade union rights. The Committee asks the Government to ensure that full effect is given to the Convention on sugar plantations.

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The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006, which largely refer to pending issues relating to the legislation and the application of the Convention in practice that are already under examination. The ICFTU also alleges that the administrative authorities have refused to register a trade union and that the police suppressed a demonstration on 1 September 2005 using firearms. In this respect, while recalling that workers should enjoy the right to peaceful demonstration to defend their occupational interests, the Committee requests the Government to provide its observations on the ICFTU’s comments.

The Committee also requests the Government, in the context of the regular reporting cycle, to provide its observations for the Committee’s next session in November-December 2007 on all the issues relating to legislation and the application of the Convention in practice raised in its previous observation in 2005 (see 2005 observation, 76th Session).

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The Committee notes the Government’s report and the comments by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention.

In its previous comments, the Committee referred to:

–      the requirement that federations must obtain a two-thirds majority vote of their members to be able to establish a confederation (section 383 of the Labour Code of 1992). The Committee notes that, according to the Government, the Ministry of Labour has called on the Employers’ Confederation of the Dominican Republic and the National Trades Unions Council to seek an agreed solution in the Consultative Council on Labour. The Committee expresses the firm hope that an agreement will be reached in the near future to amend the legislation so as to reduce the proportion of the membership of federations, in accordance with the provisions of the Convention, and requests the Government to provide information on progress in this area in its next report;

–      the opposition of certain enterprises in export processing zones to the establishment of trade unions and the disregard for trade union immunity. The Committee notes that the Government repeats its previous comment to the effect that, in export processing zones, trade unions may be freely established and enjoy trade union immunity, and that three new unions and two federations (FENOTRAZONAS and UNATRAZONAS) have been established in the zones. The Committee requests the Government to ensure that freedom of association and trade union protection are complied with in practice in export processing zones;

–      respect for trade union rights in sugar plantations, in particular the right of trade union officers to have access to and meet with workers in accordance with the principles of the Convention. The Committee notes with regret that the Government has not commented on this matter, and requests it to take steps to guarantee enjoyment of these rights in practice, in accordance with the principles of the Convention. It requests the Government to report on developments in this situation;

–      the statutory requirement of a majority of 51 per cent of votes in the enterprise in order to call a strike (section 407(3) of the Labour Code); the Committee notes that the Government has expressed its interest in amending the legislation provided that the social partners agree, and that it will report on any progress in this matter. The Committee points out once again that the Government should ensure that account is taken only of the votes cast and that the requisite quorum and majority are fixed at a reasonable level (see General Survey on freedom of association and collective bargaining, 1994, paragraph 170). The Committee accordingly urges the Government to take steps to amend the relevant provisions of its legislation and to provide information on progress made in this respect in its next report;

–      the express exclusion from the scope of the Labour Code (Principle III) and of the Civil Service and Administrative Careers Act of employees of autonomous and municipal state institutions (section 2). The Committee notes that the Government expresses its interest in studying this matter. It reminds the Government, however, that all public servants and officials should have the right to establish occupational organizations, irrespective of whether they are engaged in the state administration at the central, regional or local level, are officials of bodies which provide important public services or are employed in state-owned economic enterprises (see General Survey, op. cit., 1994, paragraph 49). In these circumstances, the Committee requests the Government once again to take the necessary steps to ensure that laws and regulations expressly establish the right to organize of workers in autonomous and municipal state institutions and to ensure that the other rights set forth in the Convention are guaranteed;

–      the requirement of 40 per cent of the total number of employees in the institution in order for public servants to be able to establish organizations (section 142(1) of the Regulations adopted under the Civil Service and Administrative Careers Act). The Committee notes from the information sent by the Government that the Government and the social partners are in agreement about this percentage but that the matter will nonetheless be referred to the Consultative Council on Labour. The Committee reminds the Government that the requirement of a minimum number of members should be maintained within reasonable limits so as not to prevent the establishment of organizations. In these circumstances, bearing in mind that the percentage required is too high and could result in a situation of trade union monopoly, the Committee requests the Government to report on any measures taken to reduce the percentage.

Lastly, the Committee notes the Government’s response to the comments by the ICFTU concerning matters raised in the above paragraphs, and the excessive delays in processing complaints filed with the courts, the denial in practice of the right to organize of rural workers, self-employed workers, illegal immigrants, (particularly Haitian workers in sugar plantations) and workers in the informal sector; the refusal to recognize trade unions and the pressure exerted on workers wishing to join unions in export processing zones, and the repression of a strike which resulted in the death of eight people and the detention of numerous demonstrators. The Committee observes that the Government presents a very different point of view on these questions and provides information on positive measures adopted with regard to the judicial authorities and labour inspectorate in order to accelerate the proceedings and on the registration of 56 trade unions in the export processing zones; according to the Government, only one worker died in the strike mentioned by the ICFTU without knowing from where the shooting originated. The Committee invites the Government to analyse these questions in the framework of the tripartite national commission and to keep it informed in this respect.

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The Committee notes the Government’s report and its reply to the comments made by the International Confederation of Free Trade Unions (ICFTU) in 2002, which referred among other matters to the disregard for trade union rights in export processing zones and sugar cane plantations.

The Committee recalls that its previous comments referred to:

-  the requirement that federations must obtain a two-thirds majority vote of their members to be able to establish a confederation (section 383 of the Labour Code of 1992);

-  the opposition of certain enterprises in export processing zones to the establishment of trade unions and the disregard for trade union protection;

-  respect for trade union rights in sugar cane plantations;

-  the requirement in the law of a majority of 51 per cent of votes in order to call a strike (section 407(3) of the Labour Code);

-  the exclusion from the scope of the Labour Code (Principle III) and of the Civil Service and Administrative Careers Act of employees of autonomous and municipal state institutions (section 2); and

-  the requirement of 40 per cent of the total number of employees in the respective institution for public servants to be able to establish organizations (section 142(1) of the Regulations adopted under the Civil Service and Administrative Careers Act).

Establishment of confederations

The Committee notes that the Government reiterates its previous comment concerning the need for the agreement of the social partners to remove the requirement of the percentage set out in section 383 of the Labour Code of 1992, and that agreement has not been reached on this matter. The Government once again undertakes to continue to seek an agreed solution.

The Committee notes that sections 383 and 388 of the Labour Code require the agreement of two federations, supported by the votes of two-thirds of their members, to establish a confederation. The Committee recalls that provisions which make the establishment of higher level organizations subject to the fulfilment of various excessive conditions are contrary to Article 5 of the Convention (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 191). The Committee once again urges the Government to ensure that in the near future it removes from the applicable legislation the restrictions relating to the requirement for two-thirds of the members of federations to vote for the establishment of a confederation, so that it is left to the rules of federations to establish the criteria in this respect. The Committee also requests the Government to provide information on this matter with its next report.

Establishment of trade unions in export processing zones

The Committee notes that, according to the information provided by the Government, trade unions may be freely established in accordance with the provisions of Act No. 16-92 issuing the Labour Code and that eight collective agreements have been concluded on working conditions between enterprises in export processing zones and their trade unions, and that there are approximately 148 trade unions dispersed throughout the export processing zones in the country. With regard to the issue of trade union protection, raised by the ICFTU in its comments, the Committee notes that Title X of the Labour Code requires compliance with trade union protection and that the General Directorate of Labour of the Secretariat of State for Labour ensures compliance with trade union rights through the organization of training workshops. The Government admits the existence of isolated cases which are duly investigated and punished. The Committee requests the Government to continue ensuring that the right to organize and trade union protection are duly guaranteed in practice in export processing zones and requests it to continue providing information on this subject.

Observance of trade union rights in sugar cane plantations

With regard to the observance of trade union rights in sugar cane plantations, in relation to which the Government had indicated that 38 trade unions had been established in the various branches since the privatization of the sector, the Committee notes that, according to the comments of the ICFTU, trade union leaders do not enjoy freedom of movement in plantations to meet workers and that workers carrying out trade union activities are under threat. The Committee regrets to note that the Government has not provided any comments on this matter. The Committee considers that when their activities in relation to the persons that they represent so require, the leaders of workers’ organizations should have the right of access to sugar cane plantations in order to meet workers. The Committee requests the Government to take measures to guarantee in practice access to sugar cane plantations and the right of assembly of trade union leaders and workers, in accordance with the principles set forth in the Convention. The Committee requests the Government to keep it informed of developments in the situation.

Requirement of a majority vote to call a strike

The Committee notes the Government’s repeated statement that the social partners did not reach agreement on the amendment of section 407(3) of the Labour Code to reduce the statutory minimum requirement for calling a strike.

The Committee recalls once again that the Government should ensure that account is taken only of the votes cast and that the quorum is fixed at a reasonable level (see General Survey, op. cit., paragraph 170). The Committee therefore urges the Government to amend this aspect of its legislation and to indicate the progress made in this respect in its next report.

Right to organize of employees of autonomous
and municipal state institutions

The Committee recalls that all public servants and officials should have the right to establish occupational organizations, irrespective of whether they are engaged in the state administration at the central, regional or local level, are officials of bodies which provide important public services or are employed in state-owned economic enterprises (see General Survey, op. cit., paragraph 49). The Committee requests the Government to take the necessary measures to ensure that the laws and the regulations governing these organizations explicitly allow workers in autonomous state institutions to organize and to guarantee that the other rights set forth in the Convention are guaranteed.

Obstacles to the establishment of trade unions of public
servants (requirement of 40 per cent of all employees)

With regard to the requirement of 40 per cent of employees to establish associations of public servants (section 142 of Regulation No. 81-94 adopted under the Civil Service and Administrative Careers Act, as amended by Decree No. 559-01, dated 18 May 2001), which the Committee considers to be too high and which could result in a situation of trade union monopoly, the Committee notes the Government’s indication that this provision will be examined. The Committee recalls that the requirement of a minimum number of members should be maintained within reasonable limits so as not to prevent the establishment of organizations and it therefore requests the Government to adapt its legislation accordingly and to provide information on this matter with its next report.

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The Committee notes the Government’s report. It further notes the observations made by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention and requests the Government to transmit its comments thereon. It recalls that its previous comments referred to:

-  the requirement that federations must obtain a two-thirds majority vote of their members to be able to establish a confederation (section 383 of the Labour Code of 1992);

-  the opposition of certain enterprises in export processing zones to the establishment of trade unions and the disregard for trade union protection;

-  respect for trade union rights in sugar cane plantations;

-  the requirement in the law of a majority of 51 per cent of votes in order to call a strike (section 407(3) of the Labour Code);

-  the exclusion from the scope of the Labour Code (Principle III) and of the Civil Service and Administrative Careers Act of employees of autonomous and municipal state institutions (section 2); and

-  the requirement of 60 per cent of the total number of employees in the respective institution for public servants to be able to establish organizations (section 142(1) of the Regulations adopted under the Civil Service and Administrative Careers Act).

Establishment of confederations

1. The Committee notes that the Government requires the agreement of the social partners to remove the requirement of the percentage set out in section 383 of the Labour Code of 1992, and that it undertakes to convene the Advisory Labour Council to hear the various opinions on this matter.

The Committee notes that, by virtue of sections 383 and 388 of the Labour Code, the agreement of two federations, supported by the votes of two-thirds of their members, is still required to establish a confederation. The Committee recalls in this respect the commitments made by the Government in the past, which it has failed to fulfil, that it would submit to the National Congress a Bill allowing federations to set out in their rules the necessary requirements to establish confederations, after consulting the most representative occupational organizations. Accordingly, the Committee recalls that provisions which make the establishment of higher level organizations subject to the fulfilment of various excessive conditions are contrary to Article 5 of the Convention (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 191). It urges the Government to ensure that it removes from the applicable legislation in the near future the restrictions relating to the requirement for two-thirds of the members of federations to vote for the establishment of a confederation, so that it is left to the rules of federations to lay down the criteria in this respect. It also requests the Government to provide information on this matter with its next report.

Establishment of trade unions in export processing zones

2. The Committee notes that, according to the information provided by the Government, the resistance of certain enterprises in export processing zones to the establishment of trade unions is an attitude that is now past history, and that the establishment of trade unions is a fact in those enterprises. The Committee also notes that, according to the Government, eight collective agreements have been concluded on conditions of work between enterprises in export processing zones and that there are 148 trade unions dispersed throughout all the export processing zones in the country.

The Committee notes, however, that the Government does not refer to the problems raised concerning the recognition of and respect for trade union protection in export processing zones, as requested in its observation of 1999. It therefore once again requests the Government to provide information on this matter with its next report, as well as on the specific observations made by the ICFTU in respect of trade union rights in these zones.

Observance of trade union rights in sugar cane plantations

3. The Committee notes that, according to the information provided by the Government, since the privatization of the sugar cane plantations sector, there are 38 trade unions in the various branches of sugar cane production.

Requirement of a majority vote to call a strike

4. The Committee notes the Government’s repeated statement that at present the social partners have not reached any agreement with regard to section 407(3) of the Labour Code for the reduction of the statutory minimum requirement for calling a strike. In its report, the Government states that it will convene the Labour Advisory Council so that employers and workers can reach agreement as a basis for the preparation of draft legislation reducing this requirement.

The Committee recalls that the Government should ensure that account is taken only of the votes cast and that the quorum is fixed at a reasonable level (see General Survey, op. cit., paragraph 170). It therefore requests the Government to amend its legislation in this respect and to indicate the progress made in its next report.

Right to organize of employees of autonomous
and municipal state institutions

5. The Committee notes that by Decree No. 559-01 of 18 May 2001, the President of the Republic amended section 142 of Regulations No. 81-94 adopted under the Civil Service and Administrative Careers Act, reducing the minimum number of employees required to be able to establish associations of public servants in each institution under the Executive Authority to 40 per cent. The Committee nevertheless recalls that, by requiring organizations to have a minimum number (or percentage) of members as a condition of registration, restrictions are placed on the right of workers to establish organizations of their own choosing, tantamount to prior authorization, which is contrary to Article 2 of the Convention. The Committee continues to consider that 40 per cent is too high and therefore requests the Government to adapt its legislation accordingly and to provide information on this matter in its next report.

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The Committee notes the Government’s report and recalls that its previous comments referred to:

-  the requirement that federations must obtain a two-thirds majority vote of their members to be able to establish a confederation (section 383 of the Labour Code of 1992);

-  the opposition of certain enterprises in export processing zones to the establishment of trade unions and the disregard of trade union rights;

-  respect for trade union rights in sugar cane plantations;

-  the requirement in the law of a majority of 51 per cent of votes in order to call a strike (section 407(3) of the Labour Code);

-  the exclusion from the scope of the Labour Code (Principle III) and of the Civil Service and Administrative Careers Act of employees of autonomous and municipal state institutions (section 2); and

-  the requirement of 60 per cent of the total number of employees in the respective institution for public servants to be able to establish organizations (section 142(1) of the Regulations adopted under the Civil Service and Administrative Careers Act).

Establishment of confederations

1.  The Committee notes that the Government has provided no information on this question. In its previous observation, the Committee noted with interest the guarantees provided by the Government that it would submit a draft text to the National Congress to enable federations to include in their statutes the necessary provisions to establish confederations and that, for this purpose, it would consult the most representative occupational organizations.

The Committee notes that, in accordance with sections 383 and 388 of the Labour Code which is in force, the agreement of two federations, supported by the votes of two-thirds of their members, is required to establish a confederation. The Committee therefore hopes that in the very near future the requirement for two-thirds of the members of federations to vote for the establishment of a confederation will be removed from the legislation, so that it is left to the statutes of federations to lay down the criteria in this respect.

Establishment of trade unions in export processing zones

2.  The Committee regrets that the Government has not provided any information on this question. It recalls that in its previous observation it noted the setting up of a specialized unit for these types of enterprises and that eight collective agreements and various other agreements had been concluded in this respect.

The Committee urges the Government to provide information on developments which occur in practice in relation to this matter.

Observance of trade union rights in sugar cane plantations

3.  The Committee notes that the Government has not provided information on this matter. It recalls that in its last observation it noted that the Government was doing its utmost to ensure the full exercise of these rights.

The Committee therefore once again requests the Government to provide information in its next report on any progress achieved in relation to the questions raised.

Requirement of a majority vote to call a strike

4.  The Committee notes the Government’s statement that the social partners meeting in a tripartite body sought, although without success, an agreement to facilitate the preparation of a draft text to reduce the legal minimum requirement set out in section 407(3) of the Labour Code.

The Committee observes that the Government should ensure that account is taken only of the votes cast, and that the required quorum is fixed at a reasonable level (see 1994 General Survey on freedom of association and collective bargaining, paragraph 170). The Committee also requests the Government to take new measures and once again hopes that it will be able to provide information in its next report on the progress made in this respect.

Right of organization of employees of autonomous
and municipal state institutions

5.  The Committee notes that the Government confines itself to reiterating that freedom of association, which is enshrined in the Constitution, is guaranteed and practised in such institutions, as shown by the existence of trade unions in various of the institutions. The Committee recalls that in its previous reply the Government stated that the laws and regulations of these institutions remain silent on the right to establish trade union organizations.

The Committee once again requests the Government to take the necessary measures to ensure that the laws and regulations which are in force in these institutions explicitly allow employees in autonomous state institutions to organize and that it will ensure that the other rights set out in the Convention are guaranteed.

Obstacles to the establishment of trade union organizations of
public servants (60 per cent of the total number of employees)

6.  The Committee notes that the Government has not achieved any progress in reducing this minimum legal requirement.

The Committee hopes to be able to note in the near future that this percentage has been reduced to a reasonable level and it requests the Government to provide information in its next report on any progress achieved in this respect.

The Committee expresses the strong hope that it will be able to note substantial progress in the application of the Convention in the Government’s next report.

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The Committee notes the Government's report and recalls its previous comments which referred to:

-- the requirement of a majority of 51 per cent of votes in order to call a strike (section 407(3) of the Labour Code) and whether this provision applies to federations and confederations (section 384 of the Code);

-- the exclusion from the scope of the Labour Code (Principle III) and of the Civil Service and Administrative Careers Act of employees of autonomous and official institutions (section 2);

-- the requirement of 60 per cent of the total number of employees in the respective institution for public servants to establish organizations (section 142(1) of the Regulations adopted under the Civil Service and Administrative Careers Act);

In respect to the first point, the Committee notes the Government's statement to the effect that the requirement for trade unions to obtain a majority vote of 51 per cent of voters to call a strike also applies to federations and confederations. Moreover, the Committee notes that the Government reiterates its intention to reduce this requirement to "a simple majority of voters", for which it will be seeking the agreement of the social partners. The Committee once again hopes that the Government will inform it of progress made in this respect in its next report.

With regard to excluding from the scope of the Labour Code and the Civil Service and Administrative Careers Act employees of autonomous and official institutions which are not of an industrial or commercial nature or in the transport sector, the Committee notes the Government's information to the effect that the laws and regulations of these institutions remain silent on the right to establish trade union organizations. Nevertheless, freedom of association, in conformity with the Constitution, is guaranteed in all of these institutions, as can be seen by the presence of trade unions in a number of these institutions (for example, in the Autonomous University of Santo Domingo, the Dominican Institute of Social Security, the National Institute of Vocational Technical Training, etc.).

In this respect, the Committee requests the Government to take the necessary measures to ensure that the laws and/or regulations which are in force in these institutions explicitly allow the establishment of trade union organizations and to continue to inform the Committee of any organizations which have been established in practice by this category of workers.

As regards the high requirement of 60 per cent of all employees in the respective institution for public service employees to establish an organization, the Committee notes with interest that the Government will be taking the necessary steps to examine the feasibility of reducing this percentage in the very future. The Committee hopes to be able to note in the near future that the percentage has been reduced to a reasonable level and requests the Government to inform it of any progress made in this respect in its next report.

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The Committee notes the Government's report and recalls that its previous comments referred to:

-- the requirement that federations must obtain a two-thirds majority vote of their members to be able to establish a confederation (section 383 of the Labour Code);

-- the opposition of certain enterprises in export processing zones to the establishment of unions and the disregard of trade union rights.

With regard to the first point, the Committee notes with interest the Government's statement that it is fully prepared to submit a draft text to the national Congress in the very near future, to enable federations to be able to include in their statutes the necessary provisions to establish confederations and, to this end, the Government will consult the most representative organizations.

The Committee hopes to note in the very near future that the legislation limiting the establishment of confederations has been repealed and that it is left to the statutes of federations to establish the criteria in this respect.

With regard to the opposition of certain enterprises in the export processing zones to the establishment of trade unions and their disregard to trade union rights, the Committee notes with interest the setting up of a specialized unit in the labour inspectorate to protect freedom of association in these types of enterprises, and that eight collective agreements and various other agreements have been concluded. The Committee trusts that the Government will keep it informed of all progress made in this respect.

In regard to the observing of trade union rights in sugar cane plantations, the Committee notes with interest the Government's statement that it is doing its utmost to ensure the full exercise of trade union rights by assigning labour inspectors to each establishment during the sugar harvest and that the Ambassador of Haiti in the Dominican Republic has officially recognized the progress achieved in the estates of the Government's State Council in 1998.

The Committee requests the Government to inform it in its next report of any progress made on the above points.

Finally, the Committee is addressing a request directly to the Government.

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The Committee takes note of the Government's report. It recalls that its previous comments referred to the following:

- the requirement of a majority of 51 votes in order to call a strike (section 407(3) of the Labour Code) and whether this provision applies to federations and confederations (section 384 of the Code);

- restrictions on subsidies or assistance to trade unions from political parties or religious entities (section 318 of the Code); and

- exclusion from the scope of the Labour Code (Principle III) and the Civil Service and Administrative Careers Act (section 2) of employees of autonomous and municipal official institutions.

Noting that the Government does not reply to its comments, the Committee reiterates its previous indications:

With regard to the requirement of a majority of 51 votes in order to call a strike (section 407(3) of the Labour Code), the Committee noted that the same majority is required for federations and confederations as for trade unions (section 384 of the Code), and noted with interest the Government's statement in its report that it was in the process, in consultation with the social partners, of adopting the necessary measures to reduce even further the percentage required in order to call a strike, and limiting it to a simple majority. The Committee hoped once again that in its next report the Government will provide information on the progress made in this respect.

With regard to restrictions on subsidies or assistance to trade unions from political parties or religious entities, concerning section 318 of the Code, the Committee took due note of the Government's statement that although the purpose of this provision was to maintain the economic independence of trade unions, it could be construed as a restriction on trade unions in the formulation of their programmes of action.

With regard to the exclusion from the scope of the Labour Code (Principle III), and the Civil Service and Administrative Careers Act (section 2) of the employees of autonomous and municipal institutions of the State, other than those involved in industry, commerce or transport, the Committee noted the information supplied by the Government to the effect that these bodies were governed by the law creating them or by their own regulations which determined the working regime of the employees, and that in practice certain autonomous bodies had had recourse to the Labour Code and had formed duly registered trade unions (for example, the Santo Domingo and the Santiago Water and Sewage Corporations). It reminded the Government that under Article 2 of the Convention all workers, without distinction whatsoever, including those referred to in section 2 of the Civil Service and Administrative Careers Act, with the sole possible exception of the armed forces and the police, have the right to form organizations of their own choosing. The Committee once again asks the Government to state whether the laws and/or regulations governing these bodies enable them to form trade union organizations, and to inform it of any organization that has been formed in practice by this category of workers.

The Committee observed that section 142(1) of the implementing regulations of the Civil Service and Administrative Careers Act requires the membership of at least 60 per cent of all employees of the body concerned in order to form an organization of public servants. In the Committee's view, this is a too high percentage and might, in practice, impair the formation of trade union organizations by this category of workers. The Committee hoped that the Government would take the necessary steps to reduce the percentage to a reasonable level and asks it to provide information on any progress made in this respect in its next report.

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The Committee notes the Government's report and the observations of the Sindicato Nacional de Trabajadores Agrícolas de Plantaciones Azucareras y Similares (SINATRAPLASI), the Sindicato de Picadores de Caña del Ingenio Barahona (SIPICAIBA) and the Sindicato de Trabajadores de las Plantaciones Agrícolas y Similares del Ingenio Barahona (SITRAPLASIB) on the application of the Convention.

The Committee recalls that its previous comments referred to:

- the requirement that federations must obtain a two-thirds majority vote in order to form confederations (section 383 of the Labour Code);

- the opposition of certain enterprises in free trade zones to the formation of unions, and the disregard of trade union privileges;

- the impugning of the registration of the Sindicato Unitario Agrícola y Fabril del Ingenio Cristóbal Colón (Case No. 1751).

In relation to the requirement that federations must obtain a two-thirds majority vote in order to form confederations, the Committee notes with interest that the Government indicates that, in practice, there has been no problem in obtaining such a majority as is proved by the existence of seven (7) workers' confederations.

Notwithstanding the above, the Committee hopes that the Government will take the necessary measures to remove from the law these restrictions on the constitution of confederations given that it should be for the federations' rules to contain criteria on the matter.

With regard to the opposition of certain enterprises in the free trade zones to the formation of trade unions, and the disregard of the rights protecting trade union officers, the Committee trusts that the Government will continue to inform it of any progress made in practice on the matter.

The Committee notes that the Government has not replied to its comment on the impugning before the courts of the registration of the Sindicato Unitario Agrícola y Fabril del Ingenio Cristóbal Colón and therefore asks the Government, once again, to take the necessary measures, including through any appropriate legal action, to guarantee the right to organize of the workers of the Ingenio Cristóbal Colón, and to keep it informed of developments in this respect.

In their comments, SINATRAPLASI, SIPICAIBA and SITRAPLASIB indicate restrictions on the free exercise of trade union rights for the workers on sugar plantations, and particularly the prohibition on movement and on contacting workers for trade union purposes in the bateyes.

The Committee hopes that the Government will make every effort to ensure that both in law and practice there is full exercise of trade union rights on sugar plantations.

The Committee once again asks the Government to inform it in its next report of any progress made on these matters.

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The Committee notes the Government's report and recalls that its previous comments concerned:

- the requirement of a majority of 51 votes in order to call a strike (section 407(3) of the Labour Code) and whether this provision applies to federations and confederations (section 384 of the Code);

- restrictions on subsidies or assistance to trade unions from political parties or religious entities (section 318 of the Code); and

- exclusion from the scope of the Labour Code (Principle III) and the Civil Service and Administrative Careers Act (section 2) of employees of autonomous and municipal official institutions.

With regard to the requirement of a majority of 51 votes in order to call a strike (section 407(3) of the Labour Code), the Committee notes that the same majority is required for federations and confederations as for trade unions (section 384 of the Code), and notes with interest the Government's statement in its report that it is in the process, in consultation with the social partners, of adopting the necessary measures to reduce even further the percentage required in order to call a strike, and that it will be limited to a simple majority. The Committee hopes that in its next report the Government will provide information on the progress made in this respect.

With regard to restrictions on subsidies or assistance to trade unions from political parties or religious entities, concerning section 318 of the Code, the Committee takes due note of the Government's statement that although the purpose of this provision is to maintain the economic independence of trade unions, it could be construed as a restriction on trade unions in the formulation of their programmes of action.

With regard to the exclusion from the scope of the Labour Code (Principle III), and the Civil Service and Administrative Careers Act (section 2) of the employees of autonomous and municipal institutions of the State, other than those involved in industry, commerce or transport, the Committee notes the information supplied by the Government to the effect that these bodies are governed by the law creating them or by their own regulations which determine the working regime of the employees, and that in practice certain autonomous bodies have had recourse to the Labour Code and have formed duly registered trade unions (for example, the Santo Domingo and the Santiago Water and Sewage Corporations). It reminds the Government that under Article 2 of the Convention all workers, without distinction whatsoever, including those referred to in section 2 of the Civil Service and Administrative Careers Act, with the sole possible exception of the armed forces and the police, have the right to form organizations of their own choosing. The Committee asks the Government to state whether the laws and/or regulations governing these bodies enable them to form trade union organizations, and to inform it of any organization that has been formed in practice by this category of workers.

The Committee observes that section 142(1) of the implementing regulations of the Civil Service and Administrative Careers Act requires the membership of at least 60 per cent of all employees of the body concerned in order to form an organization of public servants. In the Committee's view, this is a high percentage and might, in practice, impair the formation of trade union organizations by this category of workers. The Committee hopes that the Government will take the necessary steps to reduce the percentage and asks it to provide information on any progress made in this respect in its next report.

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The Committee notes the Government's report and the conclusions of the Committee on Freedom of Association concerning Case No. 1751 (295th Report, paragraph 373, approved by the Governing Body at its 261st Session, November 1994).

The Committee recalls that its previous comments referred to:

-- the disbanding of associations of public employees by the Executive (section 13 of Act No. 520 of 1920);

-- the requirement that federations must obtain a two-thirds majority vote in order to form confederations (section 383 of the Labour Code); and

-- the refusal of certain enterprises in free trade zones to form unions, and the disregard of trade union privileges.

With regard to the disbanding of associations of public employees by the Executive (section 13 of Act No. 520 of 1920), the Committee notes with satisfaction that the implementing Regulations of the Civil Service and Administrative Careers Act (of 29 March 1994) provides expressly, in section 142, paragraph VII, that the registration of organizations of public servants may only be quashed by a ruling of the Higher Administrative Tribunal when they engage in activities which are unrelated to their legal purposes.

With regard to the refusal of certain enterprises in the free trade areas to form trade unions, and the disregard of trade union privileges, the Committee notes with interest the information supplied by the Government to the effect that between the entry into force of the new Labour Code (17 June 1992) and the date of drafting the present report (11 October 1994) there have been no rejections of applications to register trade unions in the export-processing areas, and during the same period 75 unions and three federations have been registered. The Committee also notes with interest that, owing to the Ministry of Labour's supervision of compliance with trade union rights, there have been penal actions against 54 enterprises, 14 of which have been sentenced.

The Committee none the less observes that the Government has not replied to its comments on the requirement that federations must obtain a two-thirds majority vote in order to form confederations (section 383 of the Labour Code). The Committee stresses that such a requirement is excessive and therefore contrary to Article 5 of the Convention and the principles of freedom of association. It therefore again asks the Government in its next report to state the measures adopted to enable confederations to be formed without impediment, by eliminating excessive restrictions.

With regard to the impugning before the courts of the registration of the Sindicato Unitario Agrícola y Fabril del Ingenio Cristóbal Colón (Case No. 1751), the Committee notes the conclusions of the Committee on Freedom of Association to the effect that all workers of the Ingenio Cristóbal Colón should be able to form and join the union of their choice and that, consequently, the Sindicato Unitario Agrícola y Fabril del Ingenio Cristóbal Colón should be able to operate and carry out its activities (see 295th Report, paragraph 372). The Committee, like the Committee on Freedom of Association, asks the Government to take the necessary measures, including through any appropriate legal action, to guarantee the right to organize of the workers of the Ingenio Cristóbal Colón, and to keep it informed of developments.

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The Committee notes that a number of provisions concerning freedom of association have been amended or repealed by the new Labour Code (29 May 1992) and the Civil Service and Administrative Careers Act (20 May 1991), and draws the Government's attention to the following:

1. With regard to Act No. 520 of 1920 (section 13, dissolution of associations of public servants by the Executive), the Government indicates that, in keeping with the spirit of sections 30 and 46 of the Civil Service and Administrative Careers Act of 1991 and article 46 of the Constitution of the Republic of 1966, the above Act does not apply to public servants but only to cultural, sports and philanthropic associations and to the right to organize of persons who are self-employed.

The Committee asks the Government to state whether, in accordance with its previous interpretation, the Executive is prohibited from dissolving associations of public servants.

2. Section 407(3) of the new Labour Code reduces the majority required to call a strike from 60 per cent (former section 374) to 51 per cent. However, the new percentage is still high and could impair the freedom that workers should have to organize action of this kind.

In the view of the Committee, the number of votes required to call a strike should be confined to a simple majority of those actually voting, i.e. excluding absentees but including those who refrain from voting as an expression of opposition to the strike. The Committee asks the Government to take the necessary measures to reduce further the majority required to call a strike.

3. Section 384 of the new Code grants federations and confederations the same rights as trade unions.

The Committee asks the Government to state whether the majority required for unions to call a strike, established in section 407 mentioned above, also applies to federations and confederations.

4. Section 318(2) stipulates that trade unions must remain independent of political parties and religious entities and may not receive subsidies or assistance from them.

Although the above provision sets out to maintain the independence of trade unions, in the view of the Committee it could also be interpreted as restricting trade unions' freedom to formulate their programmes of action. The Committee asks the Government to provide further information on the scope of section 318 of the Labour Code.

5. Principle III of the new Labour Code excludes public servants and employees from the scope of the Code and section 2 of the Civil Service and Administrative Careers Act (May 1991) excludes from the scope of the Act, amongst other categories, the employees of autonomous and municipal official institutions.

The Committee asks the Government to provide information on the right to organize of this category of employees.

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The Committee takes note of the Government's report and of the discussions that took place at the Conference Committee in 1991.

The Committee expresses its satisfaction at the cooperation between the International Labour Office and the Government in the preparation of the new Labour Code.

The Committee notes with satisfaction the provisions concerning freedom of association in the new Labour Code (29 May 1992), and those of the Civil Service and Administrative Careers Act (20 May 1991) which amend and repeal a number of former provisions on which the Committee had been commenting for several years.

The new Labour Code covers all workers in agricultural enterprises, agro-industries, farming and forestry (section 281), and employees of the State and autonomous official institutions of a commercial or industrial character or in the transport sector, and grants them the right to organize (Principle III); it confines limitations on the right to strike to essential services in the strict sense of the term, and provides for expeditious and impartial arbitration procedures (sections 403 and 404); abolishes the prohibition on political and sympathy strikes (section 406); repeals Act No. 5915 of 1962 and amends Act No. 2059 of 1949. It also repeals Act No. 56 of 1965 which prohibited all trade union propaganda or proselytizing in public institutions. The Civil Service and Administrative Careers Act establishes the right to organize of all public servants and employees in the central administration and in autonomous institutions which are not of a commercial or industrial nature (section 30).

Although several of its comments have been taken into account in the new Labour Code, the Committee is none the less bound to draw the Government's attention to the following:

- Under section 383(2), federations must obtain a two-thirds majority vote which must be conducted in assemblies of their membership in order to form confederations. In the view of the Committee, this majority is too high and is contrary to the principles of freedom of association.

Trade union rights in free trade zones

With reference to its previous comment, the Committee notes that, according to the Government, as regards trade union rights, workers in the free trade zone are subject to the same laws as other workers, since Principle IV of the Labour Code stipulates that labour legislation is territorial in nature. It also notes the reasons given by the Government to explain the low rate of unionization among workers in the free trade zones: (a) the great majority of these workers are women from rural areas who are unaccustomed to unions and organized labour; (b) the lack of adequate protection and guarantees for trade union activity in the former Code, which is remedied in the new Labour Code of May 1992 which establishes the protection of trade union privileges for union leaders and officials and for workers who participate in collective bargaining (sections 389 and 394).

In this connection, the Committee notes with satisfaction the inclusion of Title X in the new Labour Code, which concerns trade union privileges and contains provisions to guarantee protection of the common interest and autonomy in the exercise of trade union functions (sections 389 to 394), and that the Dominican Association of Free Trade Zones (ADOZONA) and the six trade union federations recently signed a pact for social peace and productivity in free zone enterprises.

The Government states that between 1990 and the date of the present report, the Secretariat of State for Labour has registered 54 enterprise-level unions in free trade zones and that since March 1991 no applications for registration by free trade zone unions have been refused. It adds, however, that some enterprises in the free zones still refuse to admit trade unions, that trade union privileges have been disregarded and that the Secretariat of State for Labour has referred these cases to the criminal courts of the Republic.

The Committee asks the Government to provide information in its next report on any progress made in this respect in the free zones and on the measures taken or envisaged to allow confederations to be formed without excessive restrictions.

The Committee is also addressing a direct request to the Government seeking information on the repeal of the administration dissolution of associations of public officials; the majority required to call a strike; the prohibition imposed on trade unions from receiving subsidies or assistance from political parties; and the right of association of certain categories of workers in the public sector, including employees of autonomous and municipal official institutions.

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The Committee notes the Government's report, the numerous documents attached to it and the written information transmitted to the Conference Committee in June 1990. It also notes the comments made by the Independent Workers Confederation (CTI) dated 19 October 1990.

1. Trade union rights in free trade zones

With reference to its previous comment, the Committee notes that, according to the Government, the trade union rights of workers employed in free trade zones in the country are guaranteed by the Labour Code and other labour legislation. It also notes the Government's statement that there is no discrimination in law or practice as regards the establishment, registration and operation of trade union organisations on condition that the formalities set out in the law are respected. However, in its comments, the CTI indicates - as had already in previous comments the General Workers' Confederation (CGT) and the "Classistas" Confederation of Workers - that in practice trade union rights are not respected in view of the violence carried out against workers, the dismissal of activists and the refusal to register organisations.

Referring to the documents transmitted by the Government, the Committee notes that between 1987 and 1989 three applications to register trade unions in free trade zones were made to the authorities, but that they were refused under section 349 of the Labour Code on the ground of non-conformity with the legal procedures. Furthermore, the Committee notes from the same sources that only five trade unions are registered in all the free trade zones in the country (which cover around 200 companies), in contrast with the registration of 84 trade unions, ten federations and one confederation, as reported by the Government, for the rest of the country during the years 1989-90.

The Committee notes the low rate of unionisation of the workers employed in free trade zones compared with the figures provided for the rest of the country and requests the Government to supply information on the reasons underlying this situation. It requests the Government in particular to supply information on the nature of the formalities which were not respected by trade unions whose applications for registration were refused and on the practical obstacles which may be encountered by workers in the establishment of organisations.

2. Workers in agricultural enterprises employing no more than ten workers

As regards these workers, who are excluded from the Labour Code under the terms of section 265, the Government points out that this provision is not an obstacle to their unionisation since any occupational or trade union has to have at least 20 members to be legally constituted. The Government adds that, although this provision has not yet been amended, it is still its firm intention to repeal or amend it and that this should be done during the next session of the legislature. The Committee requests the Government to indicate any progress made in this regard.

3. Public officials and other workers and technicians in the public sector

The Committee also notes that the situation as regards these workers has not changed. However, the Government states that measures are currently being examined in order to include personnel of this type within the scope of the Labour Code and to modify the provisions of Act No. 56 of 24 November 1965, Act No. 520 respecting non-profit making associations and Act No. 2059 of 22 July 1949, which contain important restrictions on the trade union rights which these workers should enjoy (prohibition of all trade union propaganda within public or municipal administrations and autonomous institutions of the State, and the administrative dissolution of the associations established by public officials).

4. Restrictions on the right to strike

The Committee once again notes the Government's statement that this question is also undergoing an examination which should result in amendment of the provisions of the Labour Code limiting this right (section 371 which bans strikes in services which are not essential in the strict sense of the term; section 373, and section 1(2) of Act No. 5915, which prohibit sympathy strikes; section 374 which lays down the obligation to obtain too high a majority in a strike vote; and section 376 respecting compulsory arbitration).

In addition, the Committee refers to the conclusions reached by the Committee on Freedom of Association in Case No. 1549 (277th Report, February-March 1991) and draws the Government's attention to the need to ensure that when strikes are limited or prohibited in essential services - namely, those whose interruption would endanger the life, personal safety or health of the whole or part of the population - the workers benefit from compensatory procedures for the settlement of disputes and the presentation of their demands.

In view of the above, the Committee is bound to point out that the serious divergencies between the national legislation and the provisions of the Convention have been the subject of its comments for many years without any change in the situation. The Committee therefore urges the Government to take measures in the near future to bring its legislation into conformity with the Convention and requests the Government to supply information in its next report on the progress made in these fields.

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The Committee notes, from the comments submitted by the General Central of Workers (CGT), that the authorities have refused to register the United Union of the Free Zone of San Pedro de Macoris, and that workers in the free trade zones have been dismissed to prevent them from exercising their trade union rights.

The Committee requests the Government to supply copies of the legal provisions governing the right to organise of workers employed in free trade zones and to supply detailed information on the situation of these workers as regards the exercise of these rights in practice.

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With reference to its previous comments, the Committee notes the Government's report and the written information that it supplied to the Conference Committee on the application of standards in June 1989 and the reply that it supplied to the comments of the General Confederation of Workers (CGT) and the Workers' Central "Clasistas" in January 1989.

The comments made by the Workers' Central "Clasistas" dealt mainly with the prohibition of unionising public employees (Act No. 56), employees in the State television channel (Act No. 126), workers in free trade zones and certain multinational enterprises, and particularly those established in the tourism and communications sectors. They also dealt with the massive dismissals of employees from the independent and decentralised sector and the sugar industry, and the cancellation of the registration of several trade unions between 1986 and 1988.

The comments made by the General Confederation of Workers (CGT) referred in particular to the refusal to register several trade unions (the Union of Agricultural Workers in the Rio Haina and Ozama Plantations, the United Union for the Free Zone of San Pedro de Macoris), the refusal to register certain trade union assemblies and the prohibition placed upon certain trade unions (in particular, the Union of Workers of the Valdesia-Santo Domingo Aqueduct) from joining confederations. They also dealt with the massive dismissals of workers and trade union officers to prevent them from forming unions.

In its reports, the Government indicates that the refusal to register the trade unions of the agricultural workers in the Rio Haina and Ozama plantations and the trade union assemblies is due to the non-observance of the legal requirements for this purpose. It adds that the authorities will register these trade unions once they have completed the legal requirements and that it has also recently registered the Union of Workers of the Valdesia-Santo Domingo Aqueduct, which conformed to these requirements. As regards the denial of the right to join a central trade union organisation for the Union of Workers of the Aqueduct, this was due not to the Government but to the result of a decision taken by the workers who enshrined this in their by-laws. The Government also explains that since the Union of Workers of the Aqueduct had already been registered, the Secretary of State for Labour could not accept the registration of a second trade union leadership covering the workers of a parallel trade union. Finally, the Government provides certain information regarding dismissals, which will be examined under Convention No. 98.

The Committee notes with regret that the Government itself admits that it has refused the registration of a trade union in a sector of activity on the grounds that another trade union had previously been legally registered. In the Committee's opinion, this refusal to register the second trade union constitutes on the part of the public authorities an action that is such as to limit the right of workers to establish unions of their own choosing outside the existing trade union structure, and impedes the legal exercise of this right. The Committee recalls that under the terms of Article 7 of the Convention the acquisition of legal personality by workers' organisations cannot be made subject to conditions of such a character as to restrict the application of the provisions of the Convention.

The Committee also recalls that for several years its comments have covered the following points:

- the exclusion from the scope of the Labour Code by virtue of section 265 of agricultural, agro-industrial, stock-raising or forestry enterprises employing not more than ten permanent workers continuously;

- the exclusion from the scope of the Code, by virtue of section 3, of public officials and other workers in the service of the public authorities who, with a few exceptions, are covered by special laws. Other legislative provisions (Act No. 2059 of 22 July 1949; Act No. 56 of 24 November 1965; Act No. 520, section 13) which contain important restrictions on the trade union rights which these workers should enjoy (in particular, the prohibition of all trade union propaganda or proselytism within public and municipal administrations or autonomous institutions of the State (Act No. 56) and the power of the Executive to dissolve by administrative procedures any associations which might be formed by public officials (section 13, Act No. 520));

- the major restrictions on the exercise of the right to strike by virtue of sections 373, 374 and 377 of the Labour Code (the prohibition of sympathy strikes and political strikes, the requirement that more than 60 per cent of the enterprise or enterprises concerned must have voted in favour of the strike, and the cessation of legal strikes and the guarantees provided for in section 375 upon initiation of the arbitration procedure which is deemed to be open from the date of the official notification referred to in section 640, which involves the resumption of work within 48 hours following the above notification);

- the prohibition of the right to strike in public utilities listed in section 371, some of which, in the opinion of the Committee, do not come within the definition of essential services in the strict sense of the term (including, for example, transport in general, the sale of fuel for transport and the retailing of foodstuffs in markets).

I. Workers in agricultural enterprises employing no more than ten workers (section 265 of the Labour Code)

The Committee takes due note that the Government indicates once again that the provisions of section 265 of the Labour Code, which exclude from the scope of the Code agricultural workers in enterprises employing no more than ten workers, do not imply any restriction on their right to organise because they have the possibility of forming or joining occupational unions and because the minimum number of workers required for the formation of a union is 20.

The Committee also notes the Government's assurance that it will re-introduce into the legislature a Bill to repeal section 265 of the Code. The Committee requests the Government to supply information on any developments in the situation in this connection.

Furthermore, the Committee is of the opinion that the right of these workers to organise will be better guaranteed if the provisions protecting them against any act of anti-union discrimination are strengthened. The Committee therefore refers to its comment under Convention No. 98 on this point.

II. Public officials and employees

The Government once again emphasises that in practice certain categories of public employees in decentralised, semi-independent or independent enterprises have established unions. It adds that in several centralised enterprises there already exist unions covering special categories of employees such as physicians, nurses and engineers, and that public officials and supporting staff in centralised enterprises can form associations in accordance with the special legislation covering them.

Finally, the Government states that it envisages the possibility of introducing certain specific restrictions into the national legislation on the right to organise of certain public officials involved in high-level management or decision-making, since such restrictions are not contrary to the provisions of Article 2 of the Convention, in accordance with the suggestion made by the Committee in its previous observation.

In this connection, the Committee recalls that it stated in its 1983 General Survey on Freedom of Association and Collective Bargaining (paragraph 131) that forbidding these persons to join trade unions representing other workers is not necessarily incompatible with the Convention, but only on condition they have the right to form their own organisations and that the categories of managerial staff and employees in positions of confidence are not so broadly defined that the organisations of other workers in the sector of activity are weaknened by depriving them of a substantial proportion of their potential membership. The Committee also recalls that Acts Nos. 2059, 520 and 56 contain provisions restricting the right to organise of public officials and employees and it hopes that the planned measures will result in the amendment of these provisions so as to guarantee public officials and employees all the rights set out in the Convention.

III. Restrictions concerning the right to strike

The Committee notes that the Government indicates that the competent authorities are currently examining the possibility of amending section 374(3) of the Labour Code so as to reduce the number of workers necessary for a strike to be declared to a simple majority of the workers in an enterprise. The Commmittee states once again that this must consist of a simple majority of the voters (excluding those workers not taking part in the vote) for this provision to be in conformity with the principles of freedom of association. The Committee also notes that the Government envisages removing transport in general from the list of public utilities. The Committee recalls in this connection that, under the terms of the legislation that is currently in force, the prohibition of strikes applies to other public services which are not necessarily essential as, for example, the sale of transport fuel and the retailing of foodstuffs in markets, and it invites the Government to amend the legislation so that these provisions are limited to strikes in the essential services, that is, those services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Government also states that it has noted the Committee's suggestion that the prohibition on political strikes be limited so that workers may come out on strike in protest against economic and social policies that they consider to be contrary to their interests, it being understood that the essential objective of unions should be to ensure the economic and social development and well-being of all workers while respecting the Constitution, the labour legislation and the internal security of the Republic.

Finally, as regards sympathy strikes, the Government states, with reference to Act No. 5915, that this type of strike is not prohibited in cases where the initial strike is legal.

While noting this information, the Committee recalls that section 1(2) of Act No. 5915 explicitly prohibits sympathy strikes without qualification. The Committee therefore requests the Government to envisage amending this provision, in order to set out in law the situation regarding sympathy strikes described by the Government. It also trusts that measures will be taken in the near future to raise the legal restrictions on the right to strike which are not compatible with the principles of freedom of association.

Furthermore, as regards the provisions of the Labour Code which make it possible to end a legal strike when a dispute is referred to the arbitration procedure at the initiative of one of the parties to the dispute (sections 374, 375, 636, etc.), the Committee recalls, in the absence of information on this point in the Government's report, that these provisions are such as to restrict the exercise of the right to strike which, in the opinion of the Committee, should only be limited or prohibited for public servants acting in their capacity as agents of the public authority, in the essential services in the strict sense of the term, or in a situation of acute national crisis and then only for a limited period.

The Committee notes once again that the Government limits itself to announcing its intention of amending the legislation. It once again urges the Government to bring its law and practice into conformity with the Convention that it ratified very many years ago and to supply detailed information in its next report on the progress achieved in this respect. [The Government is asked to supply full particulars to the Conference at its 77th Session.]