Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

República Dominicana

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1953)
Convenio sobre la administración del trabajo, 1978 (núm. 150) (Ratificación : 1999)

Previous comments on Convention No. 81: Direct request and observation

Previous comment on Convention No. 150: Direct request

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) in a single comment.

• Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Article 3(1)(a) and (b) of the Convention. Control and certification of occupational safety and health management systems. Further to its previous comments, the Committee notes the Government’s indication in its report that: (i) in 2017 and 2018, the Industrial Health and Safety Department (DGHSI) carried out a total of 2,327 inspections in enterprises; (ii) in 2018, a total of 241 certificates were issued to enterprises which demonstrated their compliance with the occupational safety and health (OSH) regulations, thereby increasing the number of certified enterprises to 889; and (iii) by comparison with 2016, there was a 1.5 per cent increase in 2017 in investigations into occupational accidents in enterprises which had not implemented an OSH management system. Regarding the validity of certificates issued, the Committee notes the Government’s indication that the validity of certificates is based on the provisions of OSH Regulation No. 522 of 2006, empowering the DGHSI to certify enterprises that comply with the OSH legislation (section 3(k)), empowering the State Labour Secretariat to call for any changes that it deems necessary in OSH programmes presented by employers each year (section 8(1)), and obliging employers to notify the State Labour Secretariat of changes made to the OSH programme whenever new products, machinery or working methods are introduced (section 8(2)). The Committee requests the Government to continue providing information on the number of inspections undertaken by the DGHSI in enterprises, their results and the number of certificates issued to workplaces. The Committee also requests the Government to continue providing information on the impact of inspections on the incidence of occupational accidents and diseases in all enterprises.

Article 3(2). Further duties entrusted to labour inspectors. The Committee notes the Government’s indication, in reply to its previous comments, that the capacities of the Mediation and Arbitration Directorate at the Ministry of Labour have been strengthened, thereby enabling labour inspectors to devote themselves exclusively to performing their primary labour inspection duties. The Committee notes this information, which addresses the matter raised in its previous direct request.

Article 5(b). Functioning of a tripartite body dealing with all issues relating to international labour standards.With regard to the activities of the Tripartite Round Table on issues relating to international labour standards, the Committee refers to its observation of 2020 on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Articles 6 and 15(a) of the Convention. Conditions of service; integrity, independence and impartiality of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that: (i) the level of remuneration for labour inspectors is higher than that received by inspectors in other institutions; and (ii) the Ministry of Labour and the Ministry of Public Administration are undertaking a review of the salaries of labour inspectors. As regards the professional and ethical conduct of labour inspectors in the performance of their duties, the Committee notes the Government’s indication that, under section 80(9) and (16) of Public Service Act No. 41 of 2008 and point 6 of the Code of Institutional Ethics of 2018, labour inspectors may not hold interests of any kind in the enterprises under their supervision. While noting thisinformation, the Committee requests the Government to provide information on developments in the review of salaries of labour inspectors, including measures taken regarding their remuneration in the context of the salary review.

Article 7(3). Training for labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that: (i) in 2015, three workshops on the unification of inspection criteria relating to freedom of association and collective bargaining were attended by 163 labour inspectors; and (ii) three workshops on the unification of inspection criteria relating to wages, including with regard to the minimum wage, and a workshop on labour inspection in the tourism industry and its inspection protocols was attended by 153 inspectors. While noting this information, the Committee requests the Government to continue providing information on the training given to labour inspectors regarding the performance of their duties, including the content of the training and the number of inspectors covered by it.

Article 11. Equipment and transport facilities available to labour inspectors. The Committee notes the observations made by the CIIT claiming that: (i) work tools and offices made available to labour inspectors are insufficient or in poor condition, including offices without adequate lighting or ventilation, poor or even non-existent toilet facilities, meaning that inspectors are obliged to use the toilet facilities of other institutions; (ii) the work space provided in local labour offices for inspectors to carry out their work is insufficient, which means that users have to make their complaints in the presence of the whole office staff and other users. Regarding the transport facilities available to labour inspectors, the CIIT also claims that: (i) labour inspectors do not have any vehicles for the performance of their duties, and so they are obliged to use their own vehicles or public transport, which accounts for over 30 per cent of their salary; and (ii) the costs of transport, accommodation and food which inspectors are obliged to incur when they are transferred to locations far from their place of residence are not reimbursed by the Ministry of Labour and can account for over 70 per cent of inspectors’ salaries. The CIIT further claims that, by communications dated 18 October 2021, the Human Resources Directorate at the Ministry of Labour decided to transfer over 80 per cent of labour inspectors to locations extremely far from their usual place of residence. As a result, they are obliged to find accommodation in the provinces to which they have been appointed and in most cases the return journey between the place of residence and the place of work takes more than 12 hours. The Committee requests the Government to provide information on the measures taken to provide labour inspectors with suitably equipped offices, accessible to all persons concerned, and the necessary transport facilities for the performance of their duties. The Committee also requests the Government to provide information on measures taken to reimburse labour inspectors for all unforeseen expenses and any transport costs incurred in the performance of their duties. The Committee further requests the Government to provide its comments on the observations made by the CIIT.

Article 18. Effective enforcement of adequate penalties. Further to its previous comments, the Committee notes the Government’s indication that the Ministry of Labour submitted a proposal to amend the Labour Code to the Tripartite Dialogue Committee for consideration in order to make obstruction of the work of labour inspectors a criminal offence under labour law. While noting the Government’s indication that this proposal is being examined by the employers and the workers, the Committee requests the Government to provide information on progress made on the establishment of adequate penalties for obstructing labour inspectors in the performance of their duties, in accordance with Article 18 of the Convention.

• Labour administration

Labour Administration Convention, 1978 (No. 150)

Article 3 of the Convention. Activities in the field of national labour policy regarded as being matters regulated by recourse to direct negotiations between employers’ and workers’ organizations. Further to its previous comments, the Committee notes the information provided by the Government on enterprises which signed collective agreements with workers’ organizations in 2020, 2021 and 2022. These agreements cover enterprises in the public and private sectors and enterprises in agriculture, industry and the hotel and services sectors. The Committee also notes the Government’s indication that the Inspection System Department holds workshops for employers and workers throughout the year to promote the conclusion of collective agreements. The Committee notes this information, which addresses the matter raised in its previous direct request.

Articles 5(1) and 6(1) and (2)(a) and (b). National employment policy and the role of national tripartite councils. The Committee notes the Government’s indication, in reply to its previous comments, that: (1) the function of the tripartite National Wages Council is to review the decisions establishing wages for all economic sectors in a forum for dialogue between the parties; and (2) the functions of the Labour Advisory Council include: (i) carrying out studies on issues relating to wage employment and recommending measures to the public authorities which it considers appropriate for improving the development and coordination of labour activities in the country; and (ii) analysing draft laws and decrees relating to labour matters and issuing the corresponding opinions. The Committee notes this information, which addresses the matter raised in its previous direct request.

Article 9. Means available to the Ministry of Labour to ascertain whether regional or local agencies are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them. Further to its previous comments, the Committee notes the Government’s indication that each of the 40 local labour offices in the country draws up an annual operational plan establishing initiatives to achieve various objectives in each locality. To this end, the Government indicates that surveillance and control activities are ongoing in workplaces, awareness-raising and guidance actions are carried out for employers and workers on labour regulations, and statistics are compiled on workshops held to promote workers’ and employers’ rights and labour inspection orders. The Committee notes this information, which addresses the matter raised in its previous direct request.

Article 10. Status and conditions of service of labour administration personnel and material resources available to them. Further to its previous comments, the Committee notes the Government’s indication that: (i) the current structure of the Ministry of Labour is governed by Decision No. 1 of 2022, approving modifications to the organizational structure of the Ministry of Labour, and includes 18 area directorates, 36 departments, 8 divisions, 2 sections, 40 local labour offices and 26 regional employment offices; and (ii) the Ministry of Labour has 981 employees at the national level, of whom 483 are on the administrative career path, where stability of public employment is guaranteed in accordance with section 23 of Act No. 41 of 2008 on the public service. The Committee also notes the Government’s indication that, under the labour administration budget of the Ministry of Labour, regional and provincial offices are maintained to cover the operational needs of the institution, and that in the 2021–22 period 77 training courses were held for 500 public employees. The Committee notes this information, which addresses the matter raised in its previous direct request.

Application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s indication that no pilot programmes similar to the “Pilot programme for strengthening the labour administration in the Bávaro-Verón region” have been implemented. Regarding progress on the implementation of this programme, the Government indicates that: (i) workshops were held at the Ann & Ted Kill Polytechnic to train young persons and members of the Bávaro-Verón community in the hotel and tourism sectors, and action was taken to promote their entry into the employment market; (ii) the project for the construction of the Ciudad del Saber (city of knowledge) hotel, tourism and industry training centre was launched; and (iii) workshops and vocational guidance forums were held on the prevention of child labour and exploitation of children and young persons, in coordination with the Eastern Hotels Association, the National Employment Service and the Movement for the Autonomous International Development of Solidarity (MAIS-ECPAT). The Committee notes this information, which addresses the matter raised in its previous direct request.