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

Labour Administration Convention, 1978 (No. 150) - Dominica (Ratification: 2004)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the observations of the Waterfront and Allied Workers Union (WAWU), received on 8 February 2010, concerning the functioning of the Industrial Relations Advisory Committee. The Committee requests the Government to provide its comments in this respect.

Articles 1, 4 and 6 of the Convention. Technical assistance for a better operation of labour administration. The Committee takes note of the general information in the organizational chart regarding the bodies that make up the labour administration system and the summary information sent by the Government about the functions of the Industrial Relations Advisory Committee (IRAC), and the functions of the Industrial Relations Board. The Committee would be grateful if the Government would describe more precisely the functions of each of the bodies making up the labour administration system and to provide copies of the texts that provide the basis in law for their operation.

The Committee would be grateful if the Government would explain how effect is given in law and in practice to the national labour policy, and would provide information on the measures taken or envisaged following the recommendations made by the ILO Subregional Office for the Caribbean in the context of technical assistance, to ensure that the labour administration system operates efficiently.

Articles 5 and 8. Consultations within the system of labour administration and participation in the preparation of a national policy concerning international labour affairs. According to the Government, the IRAC, which is tripartite, is involved in the formulation of the national policy and the preparation of policy concerning international labour affairs through the submission of draft legislation to Parliament. The Government is asked to provide details of the practical scope of the IRAC’s proposals together with copies of extracts from reports of its proceedings, and any other relevant documents.

Article 7. Extension of the functions of the system of labour administration. The Committee asks the Government to indicate whether national conditions require the gradual extension of certain functions of the labour administration system to persons who are not, in law, employed persons and belong to the categories set forth in indents (a)–(d) of this provision of the Convention.

Article 10. Human resources and material means for the labour administration system. The Committee requests the Government to describe the composition, status and conditions of service of the staff of the labour administration system, giving particulars of their recruitment, the content of initial and in-service training, and the pay structure, providing details of the material and financial resources made available for the labour administration to carry out its functions. It would be grateful if the Government would also indicate, as far as possible, the elements taken as a basis to determine the annual budgetary allocation for these resources and to provide a copy of the Public Service Commission Act, Chapter 1:01.

Application in practice. According to the Government, the request for information and documents in this part of the report form does not apply to Dominica. The Committee would nonetheless point out to the Government that reports or extracts of reports of the labour administration services, and the information submitted to the Ministry by the bodies engaged in labour administration activities, including those referred to in the report and the organizational chart (Industrial Relations Advisory Committee, Consultative Advisory Committee, Industrial Relations Board, Industrial Relations Tribunal and the Labour Commissioner) are useful and indeed essential to an assessment of the extent to which the Convention is applied in practice. The Committee would be grateful if the Government would send such documents and information on a regular basis and to report on any action taken on the opinions, recommendations, proposals or decisions of the main labour administration services such as those referred to in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158).