Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Dominican Republic (Ratification: 1953)

The Committee takes note of the Government's report and of the comments dated 19 October 1990 forwarded by the Independent Workers' Confederation (CTI) involving the same topic.

Articles 1 and 2 of the Convention

1. The need to strengthen measures protecting workers against anti-union discrimination and acts of interference

For several years, the various supervisory bodies called upon to examine the trade union rights situation in the Dominican Republic have all pointed out the need to adopt adequate measures to provide protection against acts of anti-union discrimination in order to guarantee observance of trade union rights recognised in the national legislation (see the report of the Commission of Inquiry of 1983 which examined the application, in particular, of Convention No. 98 in connection with Haitian workers engaged in sugar plantations, and the 211th, 241st and 253rd reports of the Committee on Freedom of Association).

In its previous observation, the Committee recalled that although the legislation contains provisions consistent with Articles 1 and 2 of the Convention (section 307 of the Code), the penalties provided by the law to enforce them (sections 678, 15 and 679, 6 of the Code) are quite inadequate. It also noted from the comments made by the General Confederation of Workers (CGT) that there had been dismissals, particularly in the free trade zones, in order to deprive certain workers of the right to join trade unions, and urged the Government to ensure that measures were taken to prevent all forms of anti-union discrimination.

The Committee notes that, in its communication, the CTI also reports that workers have been dismissed from an enterprise located in the free trade zone, because of their trade union activities.

In its report, the Government recalls that trade union rights are respected and that workers are provided with the necessary guarantees for the full exercise of these rights. The Government adds that there is no form of anti-union discrimination against Haitian workers on sugarcane plantations, as witnessed by the existence of trade unions in each of the enterprises of the State Sugar Board, of three unions at Casa Vicini and one union at the Central Romana.

Furthermore, the Government indicates that a Bill is to be presented to the Legislative Assembly during its next session, which will guarantee that workers holding trade union office may not be removed during the term of such office. In addition, reinforcement of the penalties set out in section 679 of the Labour Code is also being contemplated, in particular by increasing the amount of fines and introducing prison sentences for all violations of section 307 of the Labour Code. Lastly, there are also to be provisions permitting the reinstatement of workers dismissed for trade union activities.

While noting this information, the Committee again urges the Government to ensure that measures accompanied by sufficiently effective and dissuasive sanctions are adopted in the near future to guarantee that all workers, including those in agriculture, industry and the free trade zones enjoy adequate protection against all acts of anti-union discrimination and all forms of interference by employers in their union organisations.

2. Workers in agricultural undertakings employing no more than ten workers excluded from the scope of the Labour Code

The Committee has been recalling for several years that the exclusion of agricultural, agro-industrial, stock-raising and forestry enterprises with no more than ten workers from the Labour Code has the effect of enabling employers of such small enterprises to exempt themselves from the obligations laid down in section 307 of the Code which prohibits all acts of anti-union discrimination and interference by employers, and of excluding this category of workers from collective bargaining. The Committee also recalls that, in paragraph 474 of its report, the Commission of Inquiry stressed the need to define the status of such workers with regard to the exercise of their trade union rights.

The Committee notes from the Government's report that this provision is to be repealed at Parliament's next session so that these workers may be covered by all provisions of the Labour Code.

Accordingly, the Committee urges the Government to adopt the measures that have now been envisaged for several years to guarantee that these workers enjoy adequate protection against all acts of anti-union discrimination and the right to settle their conditions of employment through collective bargaining.