Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes that the Government’s report does not reply to its previous comments. It is therefore bound to repeat its previous observation on the following points:

Article 11(b). Increase in transport facilities for labour inspectors. The Committee notes that four new vehicles have been made available to inspectors for duty travel. It would be grateful if the Government would inform the Office of the impact of this important measure on inspection activities and their results.

Article 12, paragraph 1(a) and (b). Right of labour inspectors to enter any workplace freely. The Committee notes that, in response to its previous comments, it is planned to amend the national legislation so that, as provided by the Convention, inspectors will be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. The Government is requested to provide information on any progress made in the amendment process envisaged to this effect or to communicate a copy of any text adopted.

Article 12, paragraph 1(c)(iv). Testing of substances and materials used or handled. Further to its previous comments concerning the usefulness of giving a legal basis to the prerogatives of labour inspectors, the Committee hopes that measures will be taken to give effect to this provision of the Convention under which labour inspectors must be  empowered to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose. It asks the Government to keep the ILO informed of any progress made in this respect and to communicate a copy of the new occupational health and safety regulations which were due to be adopted in 2006.

Article 14. Notifying the labour inspectorate of industrial accidents and cases of occupational disease. The Committee once again asks the Government to take measures to determine the cases in which the labour inspectorate must be informed of industrial accidents and cases of occupational disease and to keep the Office informed in this respect. It would be grateful if the Government would also indicate progress in the drafting of a schedule determining and classifying occupational diseases.

Article 18. Effective enforcement of adequate penalties. The Committee notes the penalties provided for in sections 720 and 721 of the Labour Code for violations of labour legislation. It also notes the Government’s intention to consult the social partners within the framework of the Labour Advisory Council with a view to establishing financial penalties for obstructing labour inspectors in the performance of their duties. Further to its previous comments, the Committee once again asks the Government to ensure that a method is devised to review the amount of the fines imposed so that they maintain their dissuasive purpose despite any monetary fluctuations and that these penalties are effectively enforced. It hopes that the Government will soon be able to provide information on measures taken to this effect.

Articles 20 and 21. Annual inspection report. The Committee once again notes that, despite repeated requests, no annual inspection report of the kind provided for by the Convention has been received by the Office. The Committee recalls that the Government may request the technical assistance of the Office to create the necessary conditions to enable the central inspection authority to publish and communicate to the Office a report on the work of the inspection services under its control. The Committee strongly encourages the Government to take the necessary steps to this effect and to provide information on any progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary measures in the very near future.

The Committee is addressing a direct request to the Government concerning a number of other points.