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

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 7 September 2016, and the observations of the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), received on 19 September 2016, concerning legislative matters raised in the present observation and allegations of anti-union dismissals. The Committee notes the Government’s indication that the occurrences referred to by the ITUC will be discussed in the Roundtable on Matters relating to International Labour Standards established by tripartite agreement, as referred to by the Committee in the present observation. The Committee requests the Government to send its comments on the aforementioned allegations. The Committee also requests the Government once again to conduct investigations into the allegations of anti-union discrimination referred to by the CNUS, CASC and ITUC in 2013 and to provide information on the outcome thereof and on any measures taken in this respect.

The Committee notes that a tripartite agreement was signed on 1 July 2016 concerning the establishment of a roundtable on matters relating to international labour standards, the main objective of which is to ensure observance of the aforementioned standards. The Committee welcomes the adoption of the agreement and observes that the regulations governing the roundtable are currently being drawn up with the technical assistance of the Office, and that the roundtable will meet at least on a quarterly basis to discuss the observations made by the Committee, to analyse and discuss the application of ratified Conventions, and to draw up the reports to be sent to the ILO supervisory bodies. The Committee trusts that the matters raised in the present observation will be taken into account in the discussions to be held in the abovementioned roundtable.

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, the Committee noted the establishment of the Commission for Reviewing and Updating the Labour Code and again requested 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 had also noted with concern that the CNUS and the CASC stated in their observations that 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) by justices of the peace was giving rise to difficulties in proceedings and was preventing adequate penalties from being imposed. The Committee notes the Government’s indication that although the Commission for Reviewing and Updating the Labour Code is still holding consultations and discussions on the amendments to be made to the Code, the application in practice of the penalties envisaged in sections 720 and 721 of the Labour Code comes within the sphere of competence of the magistrates’ courts, and so this is actually a matter for the courts, irrespective of the efforts of the Ministry of Labour. Recalling its previous comments and taking account of the repeated trade union observations alleging unresolved cases of anti-union discrimination, the Committee expresses the firm hope that the necessary procedural and substantive reforms will be adopted to enable the effective and rapid application of penalties as a deterrent against acts of anti-union discrimination and interference. The Committee requests the Government to keep it informed of any developments in this respect. It also requests the Government once again to send statistics concerning the length of judicial proceedings relating to anti-union acts and to provide information on the application of penalties in practice, and on the deterrent effect thereof (amount of fines imposed and number of enterprises concerned).

Article 4. Promotion of collective bargaining. Majorities required for collective bargaining. For many years, with a view to ensuring that the national legislation contributes 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 considers that minority trade unions should be able to group together to achieve such a majority or at least have the possibility of engaging in collective bargaining on behalf of their own members. The Committee notes the lack of reply from the Government on this point and hopes that its comments will be taken into account regarding the need to amend sections 109 and 110 of the Labour Code in order to bring the legislation into full conformity with the Convention. The Committee requests the Government to keep it informed of any developments in this respect.

Right to collective bargaining in practice. The Committee notes the copies of a number of collective agreements concluded in 2013 and 2014 which the Government has attached to its report. The Committee requests the Government to provide statistics including data on the total number of collective agreements in force in the country, indicating the sectors and number of workers covered. It also requests the Government to provide information on the measures taken to further encourage and promote collective bargaining and to report on their impact.

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 requested 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 notes the Government’s indication that, although it is true that Act No. 41-08 does not refer expressly to acts of interference by the employer, it is equally true that section 67 of the aforementioned Act recognizes the right of public servants to organize under the terms of that Act “in accordance with the provisions of the National Constitution”, section 62(4) of which establishes in turn that unionization is “free and democratic”. While duly noting the Government’s indications, the Committee again requests the Government to take the necessary steps to ensure that public servants not engaged in the administration of the State fully enjoy the abovementioned protection, and to provide information on any developments in this respect.

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) or its implementing regulations, the Committee invited 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. In view of the Government’s lack of reply with regard to this point, 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 and reminds it that it may avail itself of technical assistance of the Office if it so wishes. The Committee requests the Government to provide information on any developments in this respect.