Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Dominican Republic (Ratification: 1953)

With reference to its observation, the Committee requests the Government to provide the following additional information.

Article 11. Equipment and transport facilities available to labour inspectors. The Committee notes the Government’s indication that, where necessary, the Ministry of Labour grants a monthly allowance, equivalent to 20 per cent of the salary, to inspectors to cover the costs of food, accommodation and transport. A credit card is also provided to office-holders for the purchase of fuel. The Government adds that the 40 offices are easily accessible to the whole of the population, as they are located centrally and are duly equipped, with permanent Internet connection, vehicles, computer equipment and consumables. The Committee notes that in October 2012 the labour inspectors in the 40 offices had access to a total of 11 vehicles for the discharge of their functions. The Committee would be grateful if the Government would indicate the geographical distribution of these vehicles. It also requests the Government to describe the means of transport used by labour inspectors in zones where the offices do not have a service vehicle and to provide information on the measures adopted for the reimbursement to inspectors of any travelling and incidental expenses which may be necessary for the performance of their duties (paragraph 2).

Articles 18 and 21(e). Effective enforcement of adequate penalties. The Committee notes the information contained in the Government’s report concerning the classification of penalties as light, serious or very serious, depending on the nature of the respective violation, under the terms of section 720 of the Labour Code. It also notes that the penalties are envisaged in section 721 of the Labour Code in terms of minimum wages and that, in the event of repeat offences, the amount of the fine is increased by 50 per cent. The Committee recalls its previous comments in which it noted the allegations by the trade unions that labour inspectors allow themselves to be intimidated by the executives, directors and security personnel of certain enterprises, who prevent them from entering workplaces and establishing violations denounced by workers or trade unions. It also refers to its comments which have been repeated since 2007 noting the Government’s intention to consult the social partners within the framework of the Labour Advisory Council with a view to establishing financial penalties for obstructing labour inspectors in the performance of their duties. The Committee requests the Government to provide information on the measures adopted with a view to giving effect to Article 18 of the Convention, under the terms of which adequate penalties for obstructing labour inspectors in the performance of their duties shall be provided for by national laws or regulations and effectively enforced. It would also be grateful if the Government would provide statistical data on the violations reported by labour inspectors (with an indication of the legal provisions to which they relate) and the penalties imposed.

Article 19. Periodical reports. The Committee requests the Government to provide the Office with copies of some of the most recent periodical reports provided by local inspection offices to the central authority, in accordance with Article 19(1) of the Convention.