Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Dominican Republic (Ratification: 1956)

The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 4 August 2011, on the application of the Convention. The Committee also notes the comments of the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), dated 31 August 2011, on matters that are already under examination and concerning allegations relating to the refusal to register various trade unions. The Committee requests the Government to provide its observations in this regard.

The Committee also notes the Government’s indication in its report of the adoption of a new Constitution of the Dominican Republic, on 26 January 2010, which enshrines in article 62(3), (4), (5) and (6) the right to freedom of association and collective bargaining. In this respect, taking into account the constitutional provisions and the stimulus that they can give to achieving greater conformity with the provisions of the Convention, the Committee invites the Government, in consultation with the social partners, to take the necessary measures to amend the following legislative provisions on which it has been commenting for many years, to bring it into conformity with the Convention.

Article 2 of the Convention. Right to establish and join organizations without previous authorization. Section 84(I) of the Regulations adopted under the Civil Service and Administrative Careers Act (Decree No. 523-09), which maintains the requirement for organizations of civil servants to obtain 40 per cent of the total number of employees in the institution concerned with the right to organize.

Article 3. Right to formulate their programmes. Section 407(3) of the Labour Code, which requires a majority of 51 per cent of workers’ votes in the enterprise in order to call a strike.

Article 5. Right to establish federations and confederations. Section 383 of the Labour Code of 1992, which requires federations to obtain the votes of two thirds of their members to be able to establish confederations.

The Committee is raising other points in a request addressed directly to the Government.

The Committee requests the Government to provide information in its next report on any measure adopted with a view to amending the legislation.