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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Dominican Republic (Ratification: 1953)

The Committee notes the observations from the National Confederation of Trade Union Unity (CNUS) and the Autonomous Confederation of Workers’ Unions (CASC) received on 28 November 2013. The Committee notes that these observations refer to cases of anti-union dismissal and to limitations on the exercise of the right to engage in collective bargaining. Moreover, the Committee notes with regret that the Government has not sent its comments on the 2013 observations from the International Trade Union Confederation (ITUC) denouncing anti-union practices in various enterprises and institutions. The Committee requests the Government to conduct an investigation into the claims made by the CNUS, CASC and ITUC and to provide information on the outcome and on any other measure taken in this respect.

Application of the Convention in the private sector

Articles 1 and 2 of the Convention. Lack of effective penalties for acts of anti-union discrimination and interference. Length of proceedings in the event of violation of trade union rights. In its previous observation, regarding the State’s obligation under Articles 1 and 2 of the Convention to provide adequate and speedy protection against acts of anti-union discrimination and interference, the Committee had asked the Government to provide information on the application in practice of the penalties envisaged in sections 720 and 721 of the Labour Code (fines ranging from seven to 12 monthly minimum wage equivalents), including statistical information and details of the length of proceedings. The Committee notes the Government’s indication that, in practice, very few offences against trade unions have been recorded on account of the awareness-raising work of the Ministry of Labour, and that the few existing cases are being examined by the courts. The Committee also notes that the CNUS and the CASC state in their observations that the application of section 721 of the Labour Code by justices of the peace is giving rise to difficulties in proceedings and is preventing adequate penalties from being imposed. Moreover, the trade unions state that even though there has been general progress as regards the courts acting more quickly, this trend does not include judicial proceedings for anti-union acts, which can take from three to seven years.

The Committee notes with concern this latest allegation from the CNUS and the CASC, to which the Government has not provided a reply and while acknowledging the establishment of the Special Committee for Reforming and Updating the Labour Code, the Committee again requests the Government to adopt, in consultation with the most representative employers’ and workers’ organizations, the necessary procedural and substantive reforms to enable the effective and rapid application of dissuasive penalties against acts of anti-union discrimination and interference. The Committee requests the Government to provide information on any developments in this respect and to send statistics concerning the length of judicial proceedings relating to anti-union acts.

Article 4. Promotion of collective bargaining. Requisite majorities for collective bargaining. For many years, with a view to the national legislation contributing to the promotion of collective bargaining, the Committee has been referring to the need to amend sections 109 and 110 of the Labour Code, which stipulate that, in order to engage in collective bargaining, a trade union must represent an absolute majority of the workers in an enterprise or a branch of activity. The Committee notes the Government’s indication that it has established, through Decree No. 286-13, the Special Committee for Reforming and Updating the Labour Code, and that one of the explicit objectives of the revision of the Labour Code is to bring the national legislation into line with the ratified ILO Conventions. The Committee considers, as it did previously, that if no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their own members (see General Survey on the fundamental Conventions, 2012, paragraph 234). The Committee hopes that the revision of the Labour Code that is in progress will result in sections 109 and 110 being amended as indicated above in the very near future. The Committee requests the Government to provide information on any developments in this respect.

Right to collective bargaining in practice. The Committee notes the data supplied by the Government according to which 17 collective agreements were registered in 2013, covering 8,962 workers, including one agreement signed in the export processing zones, covering 1,074 workers. The Committee also notes that two workshops on collective bargaining were held in 2012. The Committee requests the Government to continue taking measures to stimulate and develop collective bargaining, and to report on their impact. The Committee also requests the Government to continue providing statistics on the total number of collective agreements in force in the country and the number of workers covered.

Application of the Convention in the public service

Articles 1, 2 and 6. Protection of public servants not engaged in the administration of the State against acts of anti-union discrimination and interference. In its previous comments, the Committee expressed the hope that the protection against anti-union discrimination established in the Public Service Act, No. 41-08, which only covers a union’s founders and a number of its leaders, would be extended to any form of discrimination based on union membership or participation in lawful union activities. The Committee also asked the Government to secure specific protection for associations of public servants from acts of interference by the employer and to establish sufficiently dissuasive penalties against such acts of discrimination and interference within the public service. The Committee again requests the Government to take the necessary steps to ensure that public servants not engaged in the administration of the State enjoy the abovementioned protection and to provide information on any developments in these matters.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comments, noting that there was no reference to collective bargaining in the Public Service Act, No. 41-08, and its implementing regulations, the Committee had asked the Government to take measures, in consultation with the most representative employers’ and workers’ organizations, to secure recognition in law of the right to collective bargaining of public servants not engaged in the administration of the State. The Committee notes the Government’s indication that the Ministry of Public Administration hired the services of two specialists to conduct an analysis of the collective rights of public servants and to bring the national legislation into line with the Convention. Reminding the Government that it may request technical assistance from the Office if it so wishes, the Committee again expresses the hope that the Government will take the necessary measures in the near future to secure recognition in law of the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee requests the Government to provide information on any developments in this respect.