Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Labour Inspection Convention, 1947 (No. 81) - Dominican Republic (Ratification: 1953)

Article 3, paragraph 1(b), of the Convention. The Committee notes that, although section 425 of the Labour Code provides that the Labour Department shall maintain a free advisory service for employers and workers on the interpretation of labour laws and regulations, it does not entrust the labour inspection service with the functions of providing technical information and advice to employers and workers concerning the most effective means of complying with legal provisions, as required by this provision of the Convention. The Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to entrust the service with these duties.

Article 3, paragraph 1(c). The Committee notes that section 436 of the Labour Code provides that when an inspector notes in any visit irregularities not permitted by laws and regulations, or situations, circumstances or conditions which may harm the employer or the workers or their interests, they shall notify the employer or his representative and, where appropriate, provide the technical advice considered appropriate. Nevertheless, the Committee notes that the above-mentioned section does not entrust inspectors with the duty of bringing to the notice of the competent authority (for example, by mentioning them in the inspection report) defects or abuses not specifically covered by existing legal provisions. The Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to this provision of the Convention.

Article 9. The Committee requests the Government to provide detailed information on the measures taken to apply this Article, with an indication of the extent to which the personnel responsible for inspection visits includes duly qualified technical experts and specialists in the fields mentioned or in allied fields or, in the event that they do not participate in such visits, the manner in which such persons collaborate with labour inspectors.

Article 11. The Committee requests the Government to indicate the measures which have been adopted to furnish labour inspectors with offices suitably equipped and accessible to all persons concerned, and the transport facilities necessary for the performance of their duties, as well as to reimburse them any travelling and unforeseen expenses which may be necessary for the performance of their duties.

Article 12, paragraph 1(a) and (b). The Committee notes that section 434(1) of the Labour Code does not empower inspectors to enter at any hour of the day or night any premises which they may have reasonable cause to believe to be liable to inspection. The Committee recalls the importance of authorizing inspection, even outside normal working hours, for example to verify that workers are not employed illegally at such times or to inspect the state of particular machinery when it is not in operation. The Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to these provisions of the Convention.

Article 12, paragraph 1(c)(iv). The Committee notes that the Labour Code does not authorize labour inspectors to take or remove for purposes of analysis samples of materials and substances used or handled. It requests the Government to indicate the measures which have been taken or are envisaged to give effect to this provision of the Convention.

Articles 17 and 18. The Committee notes section 442, as well as the relevant provisions of Title II of the Labour Code. It recalls that the Inter-American Labour Administration Centre (CIAT) emphasized in its Preliminary Diagnosis of the Labour Inspection Services of the Dominican Republic (July 1991) that labour inspectors had unanimously indicated that the principal problem encountered in inspection was the administrative incapacity to apply penalties, particularly in view of the fact that the judicial authority does not normally process reports of offences and, when it does so, its action is extremely slow and innocuous in view of the levels of fines that are in force. The Committee only has access to data relating to the situation as regards judicial actions against enterprises undertaken by the Secretariat of State for Labour in 1994, which indicate that of a total of 568 cases, 229 are still being processed, 255 convictions have been obtained, 70 were discharged and 14 have been deferred. The Committee requests the Government to supply additional information on the effect given to these Articles of the Convention.