Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

The Committee notes the Government's report, the numerous documents attached to it and the written information transmitted to the Conference Committee in June 1990. It also notes the comments made by the Independent Workers Confederation (CTI) dated 19 October 1990.

1. Trade union rights in free trade zones

With reference to its previous comment, the Committee notes that, according to the Government, the trade union rights of workers employed in free trade zones in the country are guaranteed by the Labour Code and other labour legislation. It also notes the Government's statement that there is no discrimination in law or practice as regards the establishment, registration and operation of trade union organisations on condition that the formalities set out in the law are respected. However, in its comments, the CTI indicates - as had already in previous comments the General Workers' Confederation (CGT) and the "Classistas" Confederation of Workers - that in practice trade union rights are not respected in view of the violence carried out against workers, the dismissal of activists and the refusal to register organisations.

Referring to the documents transmitted by the Government, the Committee notes that between 1987 and 1989 three applications to register trade unions in free trade zones were made to the authorities, but that they were refused under section 349 of the Labour Code on the ground of non-conformity with the legal procedures. Furthermore, the Committee notes from the same sources that only five trade unions are registered in all the free trade zones in the country (which cover around 200 companies), in contrast with the registration of 84 trade unions, ten federations and one confederation, as reported by the Government, for the rest of the country during the years 1989-90.

The Committee notes the low rate of unionisation of the workers employed in free trade zones compared with the figures provided for the rest of the country and requests the Government to supply information on the reasons underlying this situation. It requests the Government in particular to supply information on the nature of the formalities which were not respected by trade unions whose applications for registration were refused and on the practical obstacles which may be encountered by workers in the establishment of organisations.

2. Workers in agricultural enterprises employing no more than ten workers

As regards these workers, who are excluded from the Labour Code under the terms of section 265, the Government points out that this provision is not an obstacle to their unionisation since any occupational or trade union has to have at least 20 members to be legally constituted. The Government adds that, although this provision has not yet been amended, it is still its firm intention to repeal or amend it and that this should be done during the next session of the legislature. The Committee requests the Government to indicate any progress made in this regard.

3. Public officials and other workers and technicians in the public sector

The Committee also notes that the situation as regards these workers has not changed. However, the Government states that measures are currently being examined in order to include personnel of this type within the scope of the Labour Code and to modify the provisions of Act No. 56 of 24 November 1965, Act No. 520 respecting non-profit making associations and Act No. 2059 of 22 July 1949, which contain important restrictions on the trade union rights which these workers should enjoy (prohibition of all trade union propaganda within public or municipal administrations and autonomous institutions of the State, and the administrative dissolution of the associations established by public officials).

4. Restrictions on the right to strike

The Committee once again notes the Government's statement that this question is also undergoing an examination which should result in amendment of the provisions of the Labour Code limiting this right (section 371 which bans strikes in services which are not essential in the strict sense of the term; section 373, and section 1(2) of Act No. 5915, which prohibit sympathy strikes; section 374 which lays down the obligation to obtain too high a majority in a strike vote; and section 376 respecting compulsory arbitration).

In addition, the Committee refers to the conclusions reached by the Committee on Freedom of Association in Case No. 1549 (277th Report, February-March 1991) and draws the Government's attention to the need to ensure that when strikes are limited or prohibited in essential services - namely, those whose interruption would endanger the life, personal safety or health of the whole or part of the population - the workers benefit from compensatory procedures for the settlement of disputes and the presentation of their demands.

In view of the above, the Committee is bound to point out that the serious divergencies between the national legislation and the provisions of the Convention have been the subject of its comments for many years without any change in the situation. The Committee therefore urges the Government to take measures in the near future to bring its legislation into conformity with the Convention and requests the Government to supply information in its next report on the progress made in these fields.