Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Dominican Republic (Ratification: 1953)

The Committee notes the Government’s report.

Article 4 of the Convention. The Committee recalls that for many years it has been referring in its comments to the requirement for a trade union to represent an absolute majority of workers in an enterprise or of workers employed in a particular branch of activity to be able to bargain collectively (sections 109 and 110 of the Labour Code). The Committee reiterates that this requirement is excessive because in many cases it could constitute an obstacle to collective bargaining or even make it impossible. The Committee notes that the Government states once again that the question of amending sections 109 and 110 will be submitted to the Advisory Labour Council with a view to requesting the ILO’s technical assistance. The Committee hopes that in the near future the Government will take the necessary measures to make the required amendments to the legislation and requests the Government to keep it informed in this respect.

The Committee also notes the Government’s statement that the Directorate of Mediation of the Secretariat of State for Labour serves as the machinery to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations with a view to the regulation of terms and conditions of employment by means of collective agreements. The Committee requests the Government to provide statistical data in its next report on the number of collective agreements concluded in the private and public sectors, including in export processing zones, for the period covered by the report (with indications of whether they are collective agreements concluded at the enterprise or branch level and the number of workers covered).

Finally, the Committee notes with interest that an accord was concluded between the Dominican Association of Free Trade Zones (ADOZONA), the United Federation of Workers of Free Trade Zones (FUTRAZONAS) and the National Federation of Workers of Free Trade Zones (FENATRAZONAS) following a tripartite seminar promoted by the Department of International Labour Standards, which provides, among other things, the reform and the guarantee of the respect of the exercise of the right to freedom of association and the promotion of collective bargaining. The Committee requests the Government to provide information along with its next report on the application of this accord.