Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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The Committee once again requests the Government to send its comments in relation to the joint observations sent by the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD) in 2020, which allege that practical difficulties persist in obtaining the registration of trade union organizations, particularly in the tourist transport sector.

In its previous comment, the Committee noted the observations of the CNUS, CASC and CNTD regarding the alleged lack of effectiveness of the Round Table established in 2016 to ensure compliance with international labour standards. The Committee notes with interest that the Round Table was reactivated by an agreement signed on 25 October 2023. The Committee trusts that the matters covered in this observation will be taken into account in the discussions within the Round Table.

Legislative matters. The Committee recalls that for a number of years it has been requesting the Government to take the necessary steps to amend the following legislative provisions which are not in conformity with Articles 2, 3 and 5 of the Convention:

• section 84(I) of the regulations implementing the Civil Service and Administrative Careers Act (Decree No. 523-09), which maintains the requirement to affiliate at least 40 per cent of the total number of employees enjoying the right to organize in the institution concerned, in order to be able to establish an organization of civil servants;
• section 407(3) of the Labour Code, which requires at least 51 per cent of workers’ votes in the enterprise in order to call a strike; and
• section 383 of the Labour Code, which requires federations to obtain the votes of two-thirds of their members to be able to establish confederations.

The Committee notes the Government’s indication that it is in the process of revising and amending the Labour Code and that it has prioritized the inclusion of content aimed at facilitating the application of the Convention. The Government emphasizes that the Committee’s comments have been taken into account and discussed in the preparatory work for the Labour Code reform and indicates that the Committee for reviewing the Labour Code will continue to meet regularly until the revision is completed. The Committee urges the Government, through effective social dialogue, to adopt the new Labour Code in the very near future, and firmly expects that, taking into account the Committee’s comments, these legislative amendments will be in full conformity with the Convention. The Committee requests the Government to provide information on all developments in this respect and to provide it with a copy of the new Code once it has been adopted. The Committee also requests the Government to indicate what measures have been taken to bring legislation governing public sector workers into conformity with the Convention.

The Committee recalls that the Government may, if it so wishes, avail itself of ILO technical assistance.