Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Dominican Republic (Ratification: 1956)

Follow-up to the recommendations of a tripartite committee (Representation made under article 24 of the ILO Constitution)

Article 1 of the Convention. Equality of treatment between national and foreign workers. The Committee recalls that, in its previous comments, it examined the measures taken by the Government, in agreement with the social partners, with a view to follow up on the recommendations made in 2013 by a tripartite committee and adopted by the Governing Body of the ILO in order to ensure equality of treatment between foreign and national workers. The Governing Body recommended in particular amending sections 3 and 5 of Act No. 87-01 in order to remove the residency condition imposed on foreign workers for coverage against employment injuries. The Government had informed that, in February 2015, the Social Security Treasury (SST) as well as the General Director of Migration adopted two communications requesting the National Social Security Council (CNSS) to accept the validity of the documents issued to resident or non-resident foreign workers for the purpose of their affiliation to the Dominican social security system. In addition, in March 2015, a special committee was established within the CNSS to discuss the issue of migrant and casual workers.

In its latest report, the Government informs of the adoption of Resolution No. 377-02, of 12 November 2015, amending Regulation on the SST, and Decree No. 96-16, of 29 February 2016, which allow foreign workers to use also documents other than an identity or electoral card in order to affiliate to social security, such as migrant worker documents or passports with a work visa. In their observations received on 30 August 2016, while they recognize these normative developments, the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), jointly stress that due to the lack of modification of the SST’s electronic platform, most foreign workers who do not own an identity or electoral card cannot register and remain excluded from social security coverage. The regularization process intended, inter alia, to facilitate the registration of foreign workers did not give the expected results and only a few among them have seen their situation change in the framework of this lengthy process. There has been a lack of backing from employers mainly from sectors employing a large number of migrant workers such as banana, rice, coffee and cocoa crops as well as in the construction sector. In this context, the unions consider that the majority of the foreign workers remain excluded from the social security system and protection against employment injuries and are not enjoying equal treatment with national workers.

The Committee welcomes the legislative developments which have taken place since it last examined the situation in 2015. Taking note of the joint observations of the CNUS, CASC and CNTD highlighting difficulties in implementing the newly adopted legislative framework in practice, the Committee asks the Government to indicate the measures taken with a view to guaranteeing in practical terms all social security rights recognized by Decree No. 96-16 and Resolution No. 377-02. Please explain in particular how their provisions are enforced in sectors employing important number of foreigners, and the progress made with respect to the electronic registration which should have taken place no more than 90 days following the adoption of Resolution No. 377-02 in November 2015.