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

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

Previous comments: Observation, direct request.

In order to provide a comprehensive view of the issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 19 and 102 together.

Institutional reform of social security and social dialogue. The Committee notes the information provided by the Government in its report on the current process of institutional reform of social security, in which the whole of Dominican society is participating through public consultations. The partial reforms already adopted were voted on in the National Social Security Board (CNSS), in which both workers and employers are represented. The Committee requests the Government to provide information on progress made in the current process of reform of the social security system.

Article 1 of Convention No. 19. Equality of treatment between national and foreign workers. The Committee notes the Government’s indication in its report that foreign workers affiliated to the Dominican social security system (SDSS) receive all the benefits deriving from occupational accidents through Act No. 87-01 and Decree No. 377-02. The Committee requests the Government to provide information on whether nationals and foreigners affiliated to the SDSS who receive occupational accident compensation for themselves and their dependants continue to receive them when they take up residence outside the national territory.

Part II (Medical care). Article 10(2) of Convention No. 102. Sharing by persons protected in the cost of medical care in respect of a morbid condition. The Committee notes the Government’s indication that in the context of the SDSS family health insurance, specifically in relation to out-of-pocket expenditure of the population affiliated to the contributory scheme and special health plans for retirees, the following actions were taken: (i) a reduction in the ceiling for the sliding scale fee, which decreased from the level of two minimum wage equivalents subject to contributions to one minimum wage equivalent, with a decrease in the annual share of affiliated persons estimated at 840 million Dominican pesos (DOP); (ii) an increase to DOP2,090,000 for medication for chemotherapy and adjuvants, with DOP1 million pesos maintained for radiotherapy and radiosurgery; and (iii) elimination of co-payments by workers for medical examinations and hospitalization associated with COVID-19 up to March 2022, plus the inclusion of other temporary forms of coverage. The Committee duly notes this information. In this context, the Committee requests the Government to provide information on the current percentage of out-of-pocket family expenditure, indicating the direct share in the costs of medical care received in relation to the benefits indicated in Article 10(1) of the Convention.

Sharing by persons protected in the cost of medical care in the case of pregnancy and confinement and their consequences. The Committee notes the Government’s indication that: (i) natural childbirth has been prioritized by means of a 20 per cent co-payment for caesarean deliveries, in order to discourage this practice; (ii) women on low incomes who are affiliated to the subsidized health scheme are not subject to co-payments for caesarean deliveries or for any other medical procedure. The Committee requests the Government to clarify whether women who undergo a non-voluntary, planned caesarean delivery for medical reasons are required to share in the costs associated with this procedure.

Part V (Old-age benefit). Articles 28 and 65 or 66, in conjunction with the Schedule appended to Part XI. Calculation and amounts of old-age benefit. The Committee notes the Government’s indication that old-age benefits are provided through two systems: (i) a mandatory individual capitalization system (CCI), where pensions are calculated on the basis of funds accumulated by affiliated persons, without fixed replacement rates and with guaranteed minimum pensions for those who do not manage to accumulate sufficient funds; (ii) a pay-as-you-go system, where pensions have guaranteed replacement rates and are based on 60 per cent of the average wage in the last three years. The Committee also notes that 1,888,510 workers currently contribute to the CCI system and 121,660 workers contribute to the pay-as-you-go scheme. The Committee duly notes the Government’s indication that it is evaluating proposals for improvement in the context of the current revision of Act No. 87-01. The Committee recalls that, under the terms of Article 28 of the Convention, old-age benefit shall be a periodic payment calculated as a percentage of previous earnings or the wage of a standard beneficiary determined in accordance with Article 65 or Article 66, with a minimum amount of 40 per cent. The Committee trusts that the reform of Act No. 87-01, announced by the Government, will make it possible to adapt the old-age pension system in line with the requirements established by Articles 28, 65 or 66 (and by the Schedule appended to Part XI) of the Convention. In the meantime, the Committee requests the Government to provide information on progress made in the above-mentioned reform process.

Part VI (Employment injury benefit). Articles 36 and 38. Form and duration of indemnity in the case of permanent partial incapacity for work. The Committee notes the Government’s indication that the Dominican Institute for Occupational Risk Prevention and Protection (IDOPPRIL) implements the form of payment of employment injury benefits, in accordance with sections 195 and 196 of Act No. 87-01 as amended by Act No. 397-19, and that this benefit takes the form of a lump sum when the degree of incapacity is between 5 and 49 per cent. The Committee recalls that the purpose of the indemnity for employment injury victims who suffer incapacity, even partial, is to protect them throughout the contingency and this is better achieved by periodic payments which are adjusted regularly to take account of substantial variations in the cost of living. The Committee also recalls that Article 36(3) of the Convention allows a periodic payment to be commuted for a lump sum where the degree of incapacity is slight, which has always been estimated at 25 per cent by the Committee, or where the competent authority is satisfied that the lump sum will be properly utilized. The Committee once again requests the Government to indicate how the competent authority is satisfied that the lump sum will be properly utilized by beneficiaries in the event of employment injury. The Committee also encourages the Government to take the opportunity afforded by the above-mentioned social security reform process to ensure the payment of a periodic benefit in the event of permanent partial incapacity throughout the contingency, at least where this is granted in relation to a degree of incapacity above 25 per cent.

Part VII (Family benefit). Articles 39, 42 and 44. Provision and value of family benefit. The Committee notes the Government’s indication, with regard to the provision of family benefit, concerning the promulgation of Act No. 342-22 on early childhood protection and care, which establishes the National Institute for Early Childhood Care (INAIPI), in order to reinforce comprehensive child benefits and aim to achieve universality of services giving priority to the most vulnerable families. The Committee observes that the above-mentioned Act establishes the National System for Early Childhood Protection and Care and policy coordination mechanisms, instruments, actions and programmes developed by state bodies with regard to early childhood care. The Committee observes that the above-mentioned Act does not indicate the manner in which family benefits are granted in accordance with Part VII of the Convention, or their value. The Committee recalls that Article 42 of the Convention provides that family benefits shall be provided to persons protected with dependent children: (i) as a periodic payment; or (ii) in the form of provision to or in respect of children, of food, clothing, housing, holidays or domestic help; or (iii) a combination of both, in an amount in line with the criteria established by Article 44 of the Convention. In this regard, the Committee requests the Government to provide detailed information on: (i) the laws and regulations which implement the terms of Act No. 342 of 2022 and regulate the provision of family benefits, in accordance with Article 42 of Part VII of the Convention; and (ii) the type and value of such benefits and the manner in which they are calculated, indicating how this part of the Convention is currently applied.

Part XII (Equality of treatment of non-national residents). Article 68. The Committee notes the Government’s indication that, irrespective of the existence of any bilateral or multilateral agreement providing for reciprocity with regard to social security rights, under Act No. 87-01 and its supplementary standards, foreign workers who are legally resident in the country are covered by the same rights and benefits provided by the Dominican social security system to national workers. The Committee also notes the Government’s indication that it signed the “Bilateral social security agreement” with Spain on 1 July 2004, and the “Multilateral Ibero-American social security agreement” was signed on 7 February 2011, both of which converge as regards invalidity, old-age, survivors’ and employment injury benefits.

Article 71(3). Responsibility of the State regarding sustainability of the social security system and provision of benefits. Actuarial studies. The Committee notes the following information provided by the Government: (i) the Social Security Treasury (TSS) contributes towards sustaining the financial balance of the social security system through payment collection actions against indebted employers, auditing of employers in terms of the obligations imposed by law and prevention and prosecution of fraud in conjunction with the judicial authorities; (ii) during the COVID-19 pandemic, 5,462 million Dominican pesos were invested in the account for the health care of persons in relation to the SDSS contributory scheme, and that over 2 million affiliated persons were incorporated into the subsidized scheme, increasing affiliation coverage to 98 per cent as of May 2022; (iii) in 2017, the actuarial study on the impact of extending maternity leave from 12 to 14 weeks was sent to the CNSS; this showed that increasing the collection rate to 0.48 per cent would still be insufficient, since the rate needed would be 0.72 per cent; (iv) an investment of DOP600 million during 2022 was needed to cover part of the deficit of the subsidy fund; and (v) the TSS asked the CNSS to provide a report forecasting collection trends, in order to evaluate the increase in the contribution rate and its impact on the system. In light of the information provided by the Government on the incorporation of new affiliated persons into the subsidized scheme and on the measures taken by the Social Security Treasury, the Committee requests the Government to provide information on: (i) the possible impact of the adopted measures on the financial sustainability of the system; and (ii) the findings of the above-mentioned report forecasting collection trends in the social security system.

Article 72(1). Participation of representatives of the persons protected in the administration of the social security system and benefits. The Committee notes the information provided by the Government on the structure of the CNSS, which also comprises representatives of workers and employers selected by the respective sectors. However, the Committee observes that, under section 21 of Act No. 87-01 establishing the Dominican social security system (SDSS), the administration and granting of social security benefits is entrusted to the following entities: the Pension Fund Administrators (AFP), Health Risk Administrators (ARS) and Health Service Providers (PSS), which are of a public, private or joint nature. The Committee recalls that Article 72(1) of the Convention requires the participation of representatives of the persons protected in the management of institutions, where these are not administered by a public institution or government department. The Committee therefore requests the Government to indicate the manner in which persons protected are represented in the management of the Pension Fund Administrators (AFP), Health Risk Administrators (ARS) and Health Service Providers (PSS), where applicable.

Measures adopted in relation to the COVID-19 pandemic. With reference to the measures adopted by the Government in response to the COVID-19 pandemic, the Committee notes the Government’s indication that workers suspended owing to the decrease in activity of enterprises received a monthly financial transfer from the State. It adds that payments of premiums guaranteeing the disability and survivors’ insurance (SVDS) have still not been made for this segment of the population, since active workers were not involved, and this has made it impossible to have the benefits envisaged by this insurance. The Committee notes the Government’s indication that: (i) financing of the benefits of the SDSS contributory scheme occurs through contributions from employers and active workers; and (ii) because of the high rate of COVID-19 infection among health workers, the Directorate of Information and Defence of Social Security Affiliated Persons (DIDA) asked IDOPPRIL to recognize COVID-19 as a risk covered by the occupational risk insurance (SRL), and this request was accepted.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Follow-up to the recommendations of the 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 following up on the recommendations made in 2013 by a tripartite committee and adopted by the ILO Governing Body in order to ensure equality of treatment between foreign and national workers. The Governing Body recommended in particular to amend sections 3 and 5 of Act No. 87-01 in order to remove the residency condition imposed on foreign workers for coverage in case of employment injuries. The Committee asked 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, particularly regarding sectors employing an 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. The Committee notes the Government’s indication in its report that in October 2016 the Social Security Treasury (TSS) implemented technical adjustments so as to allow employers to affiliate foreign workers to the social security insurance system. The Committee also notes that a tripartite dialogue round table on labour migration discussed the issues relating to labour migrants, and that an agreement was signed in March 2017 between the Ministry of Labour, the TSS, the Directorate of Information and Defence of Affiliates (DIDA), and the Dominican Association of Banana Producers (ADOBANANO), with the participation of the ILO, the European Union and the United Nations Development Programme, to promote the affiliation of the producers and workers in the banana sector of the Azua, Montecristi, and Valverde provinces. The Committee welcomes the Government’s indication that, in practice, 14,914 social security numbers have been issued for foreign workers as a result of the measures described. The Committee also notes that, according to Resolution of the National Social Security Council No. 377-02 of 12 November 2015, more than 289,000 foreigners were included in the National Plan for the Regularization of Foreigners. The Committee requests the Government to continue providing information on measures that enable foreign workers to join the occupational risk insurance scheme without a condition of residence, as recommended by the Tripartite Committee and adopted by the Governing Body, including information on the number of foreign workers registered in accordance with Decree No. 96-16 and Resolution No. 377-02. The Committee further requests the Government to continue providing information concerning the implementation of the National Plan for the Regularization of Foreigners and to indicate the measures in place to ensure the coverage of the foreign workers concerned in case of occupational accidents, including the provision of benefits to foreign workers who no longer reside in the Dominican Republic and to their dependants when they reside abroad.

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

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.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

With reference to its previous comments, the Committee notes with interest the measures taken by the Government with a view to ensuring equality of treatment between foreign and national workers with respect to social security and reaching an agreement on fair and sustainable solutions for migrant workers. It notes, in particular, the joint tripartite statement by the Government, the Employers’ Confederation of the Dominican Republic (COPARDOM), the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD) stating that the Dominican Republic has given serious consideration to the recommendations made by the tripartite committee with a view to extending the coverage of the social security system to foreign workers, generally, and 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, in particular. The Committee further notes that the Social Security Treasury as well as the General Director of Migration have adopted two communications in February 2015 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 and that, in March 2015, a special committee was established within the CNSS to discuss the issue of mobile and casual workers. Finally, the Committee notes the recent ratification of two up-to-date social security standards also grounded on the principle of equality of treatment between foreign and national workers – the Social Security (Minimum Standards) Convention, 1952 (No. 102) (the registration of which is still pending the receipt of the declaration concerning the accepted Parts of the Convention) and the Maternity Protection Convention, 2000 (No. 183). The Committee asks the Government to provide updated information on the developments which have taken place on the above issues indicating in detail the results achieved in giving effect to each of the recommendations made by the tripartite committee and adopted by the Governing Body of the ILO.

[The Government is asked to reply in detail to the present comments in 2016.]

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

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

The Committee notes that, in its report, the Government confines itself to indicating that the insurance scheme for occupational risks has not been amended, and does not provide the requested information on the follow-up to the recommendations of the Governing Body. In their observations dated 2 September 2014, the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD) indicated that, despite the adoption of Resolutions Nos 165-03 and 164-08 authorizing the Dominican Social Security Institute to provide health services under the contributory scheme for casual and occasional workers, the situation regarding the lack of protection for migrant workers is worsening. They report that this is due to a ruling handed down by the Supreme Court of Justice on 18 December 2013, which finds “that Resolutions Nos 165-03 and 164-08 of the National Social Security Council are devoid of any legal effect, as they violate Act No. 87-01 on the Dominican Social Security System”. The Committee also notes the observations of the trade union confederations relating to the National Plan to Regularize Foreign Nationals in a Situation of Irregular Migration, established by Decree No. 327-13 of 29 November 2013, which indicate that in practice the Plan does not have the effect of issuing resident status to the majority of foreign workers, therefore excluding them from the Dominican social security system. According to the information provided by the trade union confederations, there are no data on the number of workers in sectors such as construction, agriculture and port services, and no official publications can be found with data on the number of foreign workers engaged in these sectors. For their part, the International Organisation of Employers (IOE) and the Employers’ Confederation of the Dominican Republic (COPARDOM) indicate, in their comments received on 28 August 2014 that, foreign workers with irregular migratory status, and their dependants, are granted the necessary medical care by the national health system. It is hoped that, following the finalization of the regularization process, these workers and their dependants will be covered by the social security system.

The Committee is bound to note that the legal situation of foreign workers, considered in the national legislation as “non-resident” in the Dominican Republic, still does not allow them to be covered by the insurance scheme against occupational risks, in breach of the obligations under Article 1(2) of the Convention and the recommendations made by the tripartite committee. The Committee therefore urges the Government to adopt, without further delay, the necessary measures to:

• (i)amend sections 3 and 5 of Act No. 87-01 to remove the general condition relating to residency, which is imposed on foreign workers in order for them to be covered by occupational risks insurance. As part of this amendment, the Government could conduct a study on the different options relating to the financing of this extension of protection to migrant workers. The Committee also requests the Government to provide detailed information on the application of the National Plan to Regularize Foreign Nationals in a Situation of Irregular Migration (in particular on the application of sections 8 and 12 of Decree No. 327-13 of 29 November 2013), with an indication of the number of migrants who would benefit from the implementation of this Plan;
• (ii) issue instructions to the competent services in accordance with its previous commitments, in order to strengthen the labour inspectorate, including through the National Labour Inspection Coordination Unit, particularly in the sectors with the highest employment injury rate and the greatest number of foreign workers, and carry out the necessary statistical studies. In this respect, the Committee encourages the Government to contact the Office with a view to carrying out an in-depth study to identify the sectors with a high employment injury rate, the number and origin of workers in these sectors, and the measures required to improve the prevention of employment accidents and compliance with the relevant legislation; and
• (iii) initiate effective cooperation with the Government of Haiti to overcome the challenges posed by the application of the Convention, for example by concluding a bilateral social security agreement which would define the status of workers from both countries on both national territories, and which would guarantee them equal access to insurance coverage against occupational risks.

The Committee invites the Government to include the social partners in the implementation of these recommendations and recalls the possibility of requesting ILO technical assistance to align national law and practice with the Convention.

[The Government is asked to reply in detail to the present comments in 2015.]

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Follow-up to the representation made under article 24 of the Constitution of the ILO

Further to its previous comments, the Committee notes the representation submitted in October 2010 by the National Confederation of Dominican Workers (CNTD) alleging non-observance of the Convention, and also notes that the final report of the Committee set up to examine the representation was approved by the Governing Body at its 319th Session (October 2013) meeting. The Committee observes this final report concluded that: (a) Act No. 87/01, which limits membership in the social security system, including particularly the occupational risks insurance scheme, to foreign workers who have resident status violates the principle established by Article 1(2) of the Convention, and should be amended to remove this general condition of residence imposed on foreign workers; (b) enhancing inclusion and protection for mobile and casual workers under the occupational risks insurance scheme is necessary to achieve effective, and not only formal, compliance with the Convention; (c) the Government, as part of its policy of strengthening labour inspection, should prioritize the sectors with the highest occupational accident rate and the greatest presence of foreign workers, especially construction and agriculture; and (d) because a significant number of Haitian workers in the Dominican Republic do not possess an identity document from their own country, which creates additional practical obstacles to their membership in the social security system, there is a need for continuing dialogue between the Governments of the Dominican Republic and Haiti, including participation of the social partners in both countries, with a view towards establishing a lasting partnership between the two Governments to address the challenges posed with regard to the application of the Convention. Finally, the Committee notes that the Governing Body: (a) approved the report contained in document GB.319/INS/14/5, drawing the attention of the Government in particular to the action requested in paragraphs 42–45; (b) invited the Government to request technical assistance from the ILO in order to take the requested action; (c) invited the Government to fully include the social partners in the implementation of the requested actions; (d) invited the Government to provide, in a report to be submitted for examination by the Committee of Experts on the Application of Conventions and Recommendations at its next session, detailed information on the measures adopted to give effect to the above recommendations so that the Committee of Experts could proceed with its examination of the issues raised in connection with the application of the Convention; and (e) made the report publicly available and closed the procedure initiated by the representation of the CNTD alleging non-observance by the Dominican Republic of the Convention. The Committee expects that the Government will follow these recommendations and will provide information on the progress made in its next report.

[The Government is asked to reply in detail to the present comments in 2014.]

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(2) of the Convention. The Committee notes that section 5 of Act No. 87-01 of 2001 establishing the social security system, provides that nationals and persons legally residing in the country are affiliated to the social security system under the same conditions. Inasmuch as the Convention guarantees nationals of the States parties to the present Convention and their dependants the same treatment as nationals of the country without any conditions as to residence, the Committee would be grateful if the Government would indicate the way in which it ensures that foreigners working on the territory of the Dominican Republic without being resident there receive the same treatment as nationals of the country in cases of industrial accidents. Please indicate, if applicable, any social security agreement which has already been concluded or is envisaged with States parties to the present Convention, particularly Haiti, which aims to facilitate the application of the present Convention to persons injured in industrial accidents.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the detailed information, including statistics, supplied by the Government in its report and requests clarification on the following point.

Article 1, paragraph 2, of the Convention. The Committee notes that section 5 of Act No. 87-01 of 2001 establishing the social security system, provides that nationals and persons legally residing in the country are affiliated to the social security system under the same conditions. Inasmuch as the Convention guarantees nationals of the States parties to the present Convention and their dependants the same treatment as nationals of the country without any conditions as to residence, the Committee would be grateful if the Government would indicate the way in which it ensures that foreigners working on the territory of the Dominican Republic without being resident there receive the same treatment as nationals of the country in cases of industrial accidents. Please indicate, if applicable, any social security agreement which has already been concluded or is envisaged with States parties to the present Convention, particularly Haiti, which aims to facilitate the application of the present Convention to persons injured in industrial accidents.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes from the information supplied by the Government in its last report that a new Social Security Act was adopted on 9 May 2001 which contains provisions on compensation for occupational risks. It would be grateful if the Government would provide a copy of the above Act. The Committee also asks the Government to provide in its next detailed report information on the implications of the new legislation for the application of each Article of the Convention. Please also give a general appreciation of the manner in which the Convention is applied in practice and particularly, if current statistics permit, information on the number of foreign workers employed in the Dominican Republic, the number of occupational accidents which have occurred to them and the amount of any benefits that may have been transferred in cases where they or their dependants reside abroad.