Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

The Committee notes that a number of provisions concerning freedom of association have been amended or repealed by the new Labour Code (29 May 1992) and the Civil Service and Administrative Careers Act (20 May 1991), and draws the Government's attention to the following:

1. With regard to Act No. 520 of 1920 (section 13, dissolution of associations of public servants by the Executive), the Government indicates that, in keeping with the spirit of sections 30 and 46 of the Civil Service and Administrative Careers Act of 1991 and article 46 of the Constitution of the Republic of 1966, the above Act does not apply to public servants but only to cultural, sports and philanthropic associations and to the right to organize of persons who are self-employed.

The Committee asks the Government to state whether, in accordance with its previous interpretation, the Executive is prohibited from dissolving associations of public servants.

2. Section 407(3) of the new Labour Code reduces the majority required to call a strike from 60 per cent (former section 374) to 51 per cent. However, the new percentage is still high and could impair the freedom that workers should have to organize action of this kind.

In the view of the Committee, the number of votes required to call a strike should be confined to a simple majority of those actually voting, i.e. excluding absentees but including those who refrain from voting as an expression of opposition to the strike. The Committee asks the Government to take the necessary measures to reduce further the majority required to call a strike.

3. Section 384 of the new Code grants federations and confederations the same rights as trade unions.

The Committee asks the Government to state whether the majority required for unions to call a strike, established in section 407 mentioned above, also applies to federations and confederations.

4. Section 318(2) stipulates that trade unions must remain independent of political parties and religious entities and may not receive subsidies or assistance from them.

Although the above provision sets out to maintain the independence of trade unions, in the view of the Committee it could also be interpreted as restricting trade unions' freedom to formulate their programmes of action. The Committee asks the Government to provide further information on the scope of section 318 of the Labour Code.

5. Principle III of the new Labour Code excludes public servants and employees from the scope of the Code and section 2 of the Civil Service and Administrative Careers Act (May 1991) excludes from the scope of the Act, amongst other categories, the employees of autonomous and municipal official institutions.

The Committee asks the Government to provide information on the right to organize of this category of employees.