Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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

The Committee notes the Government's report and the observations from the National Union of Sugar Plantation Agricultural and Allied Workers (SINATRAPLASI), the Cane Cutters' Union of the Barahona Plantation (SIPICAIBA) and the Union of Plantation and Allied Workers of the Barahona Plantation (SITRAPLASIB), on the application of the Convention.

The Committee recalls that its previous comments concerned:

- the absence of collective agreements in export processing zones; and

- the requirement that, for trade unions to bargain collectively, their membership must include an absolute majority of the workers in an enterprise or of the workers employed in the branch in question (sections 109 and 110 of the Labour Code).

With regard to workers in export processing zones, the Committee notes with interest that the first four collective agreements were concluded in 1994 and that the tripartite committee for the harmonization of labour relations in export processing zones, established by an agreement of 22 April 1994, obtained the signature of eight labour agreements between enterprises and unions (the Government sent the texts). The Committee also notes with interest that the Secretary of State for Labour will continue to encourage the development of voluntary negotiation procedures with a view to regulating employment conditions in the export processing zones, through the above-mentioned tripartite committee, and will communicate any relevant changes in the legislation and practice.

With regard to the requirement of an absolute majority in order to bargain collectively, the Committee takes due note that, under section 111 of the Labour Code, when none of the unions in an enterprise has an absolute majority, the collective agreement may be concluded jointly by the unions representing each of the occupations, provided that an absolute majority is thus obtained. Notwithstanding the foregoing, the Government has again asked the workers' and employers' organizations for their opinion on the comments of the Committee of Experts.

In their observations, SINATRAPLASI, SIPICAIBA and SITRAPLASIB refer to anti-union acts (threats, intimidation, repression) against workers wishing to join unions or which participate in union activities, and the systematic refusal of the State Sugar Board to bargain collectively.

The Committee asks the Government to take appropriate steps to ensure that, in practice, sugar plantation workers have adequate protection against acts of anti- union discrimination and can conclude collective agreements on conditions of employment, and hopes that it will continue to report on progress made, in both law and practice, in the matters raised, towards full compliance with the provisions of the Convention.