Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Dominican Republic (Ratification: 1999)

Article 5 of the Convention. Effective tripartite consultations. Observations from trade union confederations. The Committee notes the Government’s detailed report received in March 2014 and the observations made by the National Confederation of Trade Union Unity (CNUS) and the Autonomous Confederation of Workers’ Unions (CASC), which were transmitted to the Government in December 2013. The two union confederations reiterate that they do not receive in due time, nor in an organized manner, the replies to questionnaires and reports that have to be prepared by the Government, but which should contain the observations of employers’ and workers’ organizations. The two confederations reiterate that there is no institutional procedure for the tripartite follow-up of the adoption, submission, ratification and application of international labour standards. The Government indicates that consultations are held in the Labour Advisory Council and the National Employment Commission, and that other areas of dialogue exist which maintain a permanent interaction between the social partners to seek consensus on matters of common interest, such as child labour, occupational safety and health, and training (within the context of the Vocational and Technical Training Institute). With reference to the previous comments, the Government indicates that the reports due in 2012 were transmitted in good time to the most representative organizations of employers and workers so that they could review them and make any observations. The Government attaches to its report the communications sent to the Employers’ Confederation of the Dominican Republic (COPARDOM), CNUS, CASC and the National Confederation of Dominican Workers (CNTD) in October 2012 concerning the reports due on ratified Conventions. The Government indicates that these communications were sent for them to review the reports in accordance with article 23(2) of the Constitution of the ILO. The Committee once again observes that the consultations on international labour standards required by Article 5(1) of the Convention are not among the matters discussed recently by the Labour Advisory Council or the National Employment Commission. With regard to the preparation of reports, the Committee emphasizes that the obligation to consult the social partners on the reports to be made concerning ratified Conventions must be clearly distinguished from the obligation to communicate these reports under article 23(2) of the Constitution. The Committee recalls that, to give effect to Article 5(1)(d) of the Convention, for any consultations, including consultations conducted in writing, the Government should provide a proposed copy of the reports to the representative organizations in order to gather their opinions before preparing the definitive report. The Committee requests the Government to provide information on the consultations held on each of the matters envisaged in Article 5(1) of the Convention. In particular, to ensure that the views of the representative organizations are taken into account, the Committee invites the Government to consider with the social partners the possibility of establishing a schedule for the preparation of reports (Article 5(1)(d)).