Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

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.