Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Dominican Republic (Ratification: 1964)

The Committee notes the information supplied by the Government in its report and in the attached annex.

1. The Committee notes the concern of the Committee on the Elimination of Racial Discrimination (CERD) regarding the reports received on the existence of racial prejudice not only against Haitians but also against dark-skinned Dominicans (CERD/C/304/Add.74 of 12 April 2001). The Committee requests the Government to supply information on the measures adopted or envisaged to eliminate any such distinctions, exclusions or preferences made on the basis of race, colour, national extraction or social origin which have the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.

2. The Committee notes with interest the labour statistics produced by the Secretariat of State for Labour and in particular the statistics on cases of loss of employment by women as a consequence of pregnancy. The Committee notes that section 233 of Act No. 16-92 approving the Labour Code lays down that dismissal of a woman who is pregnant or within six months after the date of confinement must be submitted in advance to the Department of Employment or to the local authority which exercises its functions. According to the statistics supplied by the Government, no petitions have been brought before the courts on the basis of violation of the principle of equality of treatment in employment and occupation. The Committee would be grateful to know whether such violations are included in one of the other topics cited or whether in fact there have been no petitions in this respect. The Committee requests the Government to continue sending detailed information on labour violations that have been noted in the courts concerned with discrimination in employment and occupation, including maternity protection which, according to the statistics supplied by the Government, amount to 47 cases. The Committee also observes that the Government’s report contains no information about existing prevention and investigation machinery to combat discriminatory practices against women such as pregnancy testing at the hiring stage and reiterates its request that the Government should supply such information in its next report.

3. The Committee notes that during the year 2000, 147,221 workers (76,422 men and 70,799 women) followed occupational training courses with the National Institute of Occupational Technical Training (INFOTEP) for workers in free exporting zones. The Committee requests the Government to supply more detailed information on the apprenticeships and specialization courses cited, and particularly the purpose and content of the training.

4. The Committee notes that the National Wages Commission approved new minimum wage rates in 1999. The Committee observes that minimum wages in all sectors, occupations or regulated branches of activity are subject to an increase of 35 per cent over the previous rates with the exception of those in the industrial free zones where the rise is only 15 per cent. Although questions of equal remuneration are dealt with under Convention No. 100, the Committee reminds the Government, as it has done on previous occasions, that indirect discrimination is related to situations, regulations or practices which are apparently neutral but which, in reality, create inequality in respect of people with special characteristics. On this matter, the Committee refers the Government once again to paragraph 26 of the Special Survey (1996) on equality in employment and occupation. The Committee also requests the Government to supply information in its next report about specific programmes that it has developed or intends to develop to encourage and promote access of women to better jobs and wages.

5. The Committee notes that 98 per cent of apprenticeship contracts concluded were for men, with only three women being engaged, out of the 155 contracts. The Committee refers the Government to paragraphs 82 and 83 of the 1988 General Survey on equality in employment and occupation in which the Committee highlights the importance of adopting measures for encouraging firms to recruit apprentices regardless of sex or apprentices of one sex to be trained in occupations traditionally performed by persons of the other sex.