Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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 and the comments by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention.

In its previous comments, the Committee referred to:

–      the requirement that federations must obtain a two-thirds majority vote of their members to be able to establish a confederation (section 383 of the Labour Code of 1992). The Committee notes that, according to the Government, the Ministry of Labour has called on the Employers’ Confederation of the Dominican Republic and the National Trades Unions Council to seek an agreed solution in the Consultative Council on Labour. The Committee expresses the firm hope that an agreement will be reached in the near future to amend the legislation so as to reduce the proportion of the membership of federations, in accordance with the provisions of the Convention, and requests the Government to provide information on progress in this area in its next report;

–      the opposition of certain enterprises in export processing zones to the establishment of trade unions and the disregard for trade union immunity. The Committee notes that the Government repeats its previous comment to the effect that, in export processing zones, trade unions may be freely established and enjoy trade union immunity, and that three new unions and two federations (FENOTRAZONAS and UNATRAZONAS) have been established in the zones. The Committee requests the Government to ensure that freedom of association and trade union protection are complied with in practice in export processing zones;

–      respect for trade union rights in sugar plantations, in particular the right of trade union officers to have access to and meet with workers in accordance with the principles of the Convention. The Committee notes with regret that the Government has not commented on this matter, and requests it to take steps to guarantee enjoyment of these rights in practice, in accordance with the principles of the Convention. It requests the Government to report on developments in this situation;

–      the statutory requirement of a majority of 51 per cent of votes in the enterprise in order to call a strike (section 407(3) of the Labour Code); the Committee notes that the Government has expressed its interest in amending the legislation provided that the social partners agree, and that it will report on any progress in this matter. The Committee points out once again that the Government should ensure that account is taken only of the votes cast and that the requisite quorum and majority are fixed at a reasonable level (see General Survey on freedom of association and collective bargaining, 1994, paragraph 170). The Committee accordingly urges the Government to take steps to amend the relevant provisions of its legislation and to provide information on progress made in this respect in its next report;

–      the express exclusion from the scope of the Labour Code (Principle III) and of the Civil Service and Administrative Careers Act of employees of autonomous and municipal state institutions (section 2). The Committee notes that the Government expresses its interest in studying this matter. It reminds the Government, however, that all public servants and officials should have the right to establish occupational organizations, irrespective of whether they are engaged in the state administration at the central, regional or local level, are officials of bodies which provide important public services or are employed in state-owned economic enterprises (see General Survey, op. cit., 1994, paragraph 49). In these circumstances, the Committee requests the Government once again to take the necessary steps to ensure that laws and regulations expressly establish the right to organize of workers in autonomous and municipal state institutions and to ensure that the other rights set forth in the Convention are guaranteed;

–      the requirement of 40 per cent of the total number of employees in the institution in order for public servants to be able to establish organizations (section 142(1) of the Regulations adopted under the Civil Service and Administrative Careers Act). The Committee notes from the information sent by the Government that the Government and the social partners are in agreement about this percentage but that the matter will nonetheless be referred to the Consultative Council on Labour. The Committee reminds the Government that the requirement of a minimum number of members should be maintained within reasonable limits so as not to prevent the establishment of organizations. In these circumstances, bearing in mind that the percentage required is too high and could result in a situation of trade union monopoly, the Committee requests the Government to report on any measures taken to reduce the percentage.

Lastly, the Committee notes the Government’s response to the comments by the ICFTU concerning matters raised in the above paragraphs, and the excessive delays in processing complaints filed with the courts, the denial in practice of the right to organize of rural workers, self-employed workers, illegal immigrants, (particularly Haitian workers in sugar plantations) and workers in the informal sector; the refusal to recognize trade unions and the pressure exerted on workers wishing to join unions in export processing zones, and the repression of a strike which resulted in the death of eight people and the detention of numerous demonstrators. The Committee observes that the Government presents a very different point of view on these questions and provides information on positive measures adopted with regard to the judicial authorities and labour inspectorate in order to accelerate the proceedings and on the registration of 56 trade unions in the export processing zones; according to the Government, only one worker died in the strike mentioned by the ICFTU without knowing from where the shooting originated. The Committee invites the Government to analyse these questions in the framework of the tripartite national commission and to keep it informed in this respect.