Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes the joint observations of the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), received on 1 October 2020, which allege that practical difficulties persist in obtaining the registration of trade union organizations, particularly in the tourist transport sector. The Committee requests the Government to send its comments on this matter.

The Committee also takes note of the supplementary report sent by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020), which does not add any information on the outstanding issues. The Committee therefore reiterates the content of its observation adopted in 2019, which is reproduced below.

The Committee notes the observations of the CNUS, the CASC and the CNTD, of 3 September 2018 and 5 September 2019, addressed in the present observation.

Application of the Convention in practice. The Committee duly notes that the Government, in its responses to the observations of 2013 of the International Trade Union Confederation (ITUC) relating to acts of violence and threats against leaders of the National Union of Workers of Frito Lay Dominicana (SINTRALAYDO), indicates that: (i) the investigations conducted did not establish the existence of acts of violence or threats against trade union leaders; (ii) the charges against the company were never reported on the various occasions that the union and company participated in round table negotiations led by the Directorate of Mediation and Arbitration; and (iii) the Labour Inspectorate did, in fact, note unfair practices in the sector and imposed the appropriate penalties. With respect to the 2016 observations of the CASC, CNUS and CNTD on the practical obstacles to obtaining legal personality for trade unions, the Government indicates that in 2013 all registration applications were granted and that between 2014 and 2016 the registration applications of three trade unions were rejected as they did not comply with substantive criteria (they did not corroborate their members’ worker status or comply with the minimum number of 20 workers).

Legislative issues. The Committee recalls that for a number of years it has been requesting the Government to take the necessary steps to amend the following legislative provisions which are not in conformity with Articles 2, 3 and 5 of the Convention:

• -section 84(I) of the regulations implementing the Civil Service and Administrative Careers Act (Decree No. 523-09), which maintains the requirement to affiliate at least 40 per cent of the total number of employees enjoying the right to organize in the institution concerned, in order to be able to establish an organization of civil servants;
• -section 407(3) of the Labour Code, which requires at least 51 per cent of workers’ votes in the enterprise in order to call a strike; and
• -section 383 of the Labour Code, which requires federations to obtain the votes of two-thirds of their members to be able to establish confederations.

The Committee also recalls that in its previous comments, it had noted that the Commission for Reviewing and Updating the Labour Code, established in 2013, was at that time engaged in discussions and consultations, that the amendments proposed had been discussed by the Labour Advisory Committee and that on 1 July 2016 a tripartite agreement was signed in order to establish a Round Table on Matters relating to International Labour Standards, the main objective of which is to ensure observance of international labour standards. The Committee notes that, according to the Government, meetings have been held by the Ministry of Labour and the Ministry of Public Administration in the public sector aimed at bringing legislation governing this sector into line with international conventions; that the Commission for Reviewing and Updating the Labour Code is continuing with consultations and discussions in the private sector; and that tripartite meetings have been held with a view to possibly reforming the Code. The Committee also notes that, in their observations of 2018 and 2019, the CASC, CNUS and CNTD criticize the functioning both of the Commission for Reviewing and Updating the Labour Code and the Round Table on Matters relating to International Labour Standards, questioning their effectiveness and claiming that there is a reluctance to engage in dialogue.

The Committee refers to its observation within the framework of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), relating to the functioning of the Commission for Reviewing and Updating the Labour Code and the Round Table on Matters relating to International Labour Standards. The Committee expresses the strong hope that, through effective social dialogue, the new Labour Code and new legislation governing workers in the public sector will be adopted in the very near future and that, taking into account the Committee’s comments, these legislative revisions will be in full conformity with the provisions of the Convention. The Committee requests the Government to provide information on all progress made in this respect and recalls that the Government may, if it so wishes, seek technical assistance from the Office.