Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the Government’s report.

The Committee notes the information provided by the International Confederation of Free Trade Unions (ICFTU) on 30 September 2002, and the Government’s reply to a number of these comments.

Article 4 of the Convention. The Committee recalls that for many years it has been referring in its comments to the requirement for a trade union to represent an absolute majority of workers in an enterprise or of the workers employed in a particular branch of activity to be able to bargain collectively (sections 109 and 110 of the Labour Code). The Committee notes that, in its comments on the application of the Convention, the ICFTU indicates that coverage by collective agreements is minimal, largely as a consequence of these legislative provisions. In this respect, the Committee regrets to note that the Government has not provided any new information on this subject and confines itself to indicating that collective bargaining is a recognized right in the country and reiterating the statement made in its previous report that the Advisory Labour Council will be convened to examined this matter. In these conditions, the Committee emphasizes once again that this requirement is excessive and that in many cases it could constitute an obstacle to collective bargaining and to its promotion in general; in any case, minority trade unions should be able to negotiate on behalf of their own members. The Committee hopes that in the very near future the Government will take the necessary measures to make the necessary amendments to the legislation and requests the Government to provide information in this respect.

The Committee also requested the Government to provide statistical data on the number of collective agreements concluded in the public and private sectors, including export processing zones, during the period covered by the report (with an indication of whether they are collective agreements concluded at the enterprise or branch level and the number of workers covered). The Committee also notes the ICFTU’s indication that at the end of 2001 only three collective agreements were in force in export processing zones. In this respect, the Committee notes the Government’s statement that 140 trade unions are in operation in the export processing zone sector, that there are eight collective agreements in that sector, and that the Directorate of Mediation in the Secretariat of State for Labour intervened in 51 collective labour disputes, carrying out functions of mediation and arbitration. The Committee requests the Government to indicate in its next report whether the eight collective agreements concluded in export processing zones to which it refers are of recent date, with an indication of the number of workers covered by them, as well as information on the collective agreements that have been concluded in the public and private sectors.

The Committee also requested the Government to provide information on the application of an accord concluded between the Dominican Association of Free Trade Zones (ADOZONA), the United Federation of Workers of Free Trade Zones (FUTRAZONAS) and the National Federation of Workers of Free Trade Zones (FENATRAZONAS) which provides, among other measures, for strengthening and guaranteeing compliance with trade union rights and the promotion of collective bargaining. In this respect, the Committee notes the Government’s indication that dialogue and good understanding prevail between the parties and that satisfactory accords have been concluded.

Finally, the Committee regrets to note that, with the exception of a general statement that the legislation provides for trade union protection and that dismissals require the approval of the judicial authority, the Government has not provided information on the comments of the ICFTU which refer to: the failure to give effect to the prohibition of acts of anti-union discrimination; dismissals and other anti-union acts against trade union leaders and members in various enterprises in export processing zones, sugar plantations and health sector institutions; and the denial of collective bargaining in the sugar plantation sector and the health sector. The Committee requests the Government to provide full comments on these observations in its next report.