Labour Administration Convention, 1978 (No. 150) - Dominican Republic (Ratification: 1999)

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

Previous comments on Convention No. 81: Direct request and observation

Previous comment on Convention No. 150: Direct request

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) in a single comment.

• Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Article 3(1)(a) and (b) of the Convention. Control and certification of occupational safety and health management systems. Further to its previous comments, the Committee notes the Government’s indication in its report that: (i) in 2017 and 2018, the Industrial Health and Safety Department (DGHSI) carried out a total of 2,327 inspections in enterprises; (ii) in 2018, a total of 241 certificates were issued to enterprises which demonstrated their compliance with the occupational safety and health (OSH) regulations, thereby increasing the number of certified enterprises to 889; and (iii) by comparison with 2016, there was a 1.5 per cent increase in 2017 in investigations into occupational accidents in enterprises which had not implemented an OSH management system. Regarding the validity of certificates issued, the Committee notes the Government’s indication that the validity of certificates is based on the provisions of OSH Regulation No. 522 of 2006, empowering the DGHSI to certify enterprises that comply with the OSH legislation (section 3(k)), empowering the State Labour Secretariat to call for any changes that it deems necessary in OSH programmes presented by employers each year (section 8(1)), and obliging employers to notify the State Labour Secretariat of changes made to the OSH programme whenever new products, machinery or working methods are introduced (section 8(2)). The Committee requests the Government to continue providing information on the number of inspections undertaken by the DGHSI in enterprises, their results and the number of certificates issued to workplaces. The Committee also requests the Government to continue providing information on the impact of inspections on the incidence of occupational accidents and diseases in all enterprises.

Article 3(2). Further duties entrusted to labour inspectors. The Committee notes the Government’s indication, in reply to its previous comments, that the capacities of the Mediation and Arbitration Directorate at the Ministry of Labour have been strengthened, thereby enabling labour inspectors to devote themselves exclusively to performing their primary labour inspection duties. The Committee notes this information, which addresses the matter raised in its previous direct request.

Article 5(b). Functioning of a tripartite body dealing with all issues relating to international labour standards.With regard to the activities of the Tripartite Round Table on issues relating to international labour standards, the Committee refers to its observation of 2020 on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Articles 6 and 15(a) of the Convention. Conditions of service; integrity, independence and impartiality of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that: (i) the level of remuneration for labour inspectors is higher than that received by inspectors in other institutions; and (ii) the Ministry of Labour and the Ministry of Public Administration are undertaking a review of the salaries of labour inspectors. As regards the professional and ethical conduct of labour inspectors in the performance of their duties, the Committee notes the Government’s indication that, under section 80(9) and (16) of Public Service Act No. 41 of 2008 and point 6 of the Code of Institutional Ethics of 2018, labour inspectors may not hold interests of any kind in the enterprises under their supervision. While noting thisinformation, the Committee requests the Government to provide information on developments in the review of salaries of labour inspectors, including measures taken regarding their remuneration in the context of the salary review.

Article 7(3). Training for labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that: (i) in 2015, three workshops on the unification of inspection criteria relating to freedom of association and collective bargaining were attended by 163 labour inspectors; and (ii) three workshops on the unification of inspection criteria relating to wages, including with regard to the minimum wage, and a workshop on labour inspection in the tourism industry and its inspection protocols was attended by 153 inspectors. While noting this information, the Committee requests the Government to continue providing information on the training given to labour inspectors regarding the performance of their duties, including the content of the training and the number of inspectors covered by it.

Article 11. Equipment and transport facilities available to labour inspectors. The Committee notes the observations made by the CIIT claiming that: (i) work tools and offices made available to labour inspectors are insufficient or in poor condition, including offices without adequate lighting or ventilation, poor or even non-existent toilet facilities, meaning that inspectors are obliged to use the toilet facilities of other institutions; (ii) the work space provided in local labour offices for inspectors to carry out their work is insufficient, which means that users have to make their complaints in the presence of the whole office staff and other users. Regarding the transport facilities available to labour inspectors, the CIIT also claims that: (i) labour inspectors do not have any vehicles for the performance of their duties, and so they are obliged to use their own vehicles or public transport, which accounts for over 30 per cent of their salary; and (ii) the costs of transport, accommodation and food which inspectors are obliged to incur when they are transferred to locations far from their place of residence are not reimbursed by the Ministry of Labour and can account for over 70 per cent of inspectors’ salaries. The CIIT further claims that, by communications dated 18 October 2021, the Human Resources Directorate at the Ministry of Labour decided to transfer over 80 per cent of labour inspectors to locations extremely far from their usual place of residence. As a result, they are obliged to find accommodation in the provinces to which they have been appointed and in most cases the return journey between the place of residence and the place of work takes more than 12 hours. The Committee requests the Government to provide information on the measures taken to provide labour inspectors with suitably equipped offices, accessible to all persons concerned, and the necessary transport facilities for the performance of their duties. The Committee also requests the Government to provide information on measures taken to reimburse labour inspectors for all unforeseen expenses and any transport costs incurred in the performance of their duties. The Committee further requests the Government to provide its comments on the observations made by the CIIT.

Article 18. Effective enforcement of adequate penalties. Further to its previous comments, the Committee notes the Government’s indication that the Ministry of Labour submitted a proposal to amend the Labour Code to the Tripartite Dialogue Committee for consideration in order to make obstruction of the work of labour inspectors a criminal offence under labour law. While noting the Government’s indication that this proposal is being examined by the employers and the workers, the Committee requests the Government to provide information on progress made on the establishment of adequate penalties for obstructing labour inspectors in the performance of their duties, in accordance with Article 18 of the Convention.

• Labour administration

Labour Administration Convention, 1978 (No. 150)

Article 3 of the Convention. Activities in the field of national labour policy regarded as being matters regulated by recourse to direct negotiations between employers’ and workers’ organizations. Further to its previous comments, the Committee notes the information provided by the Government on enterprises which signed collective agreements with workers’ organizations in 2020, 2021 and 2022. These agreements cover enterprises in the public and private sectors and enterprises in agriculture, industry and the hotel and services sectors. The Committee also notes the Government’s indication that the Inspection System Department holds workshops for employers and workers throughout the year to promote the conclusion of collective agreements. The Committee notes this information, which addresses the matter raised in its previous direct request.

Articles 5(1) and 6(1) and (2)(a) and (b). National employment policy and the role of national tripartite councils. The Committee notes the Government’s indication, in reply to its previous comments, that: (1) the function of the tripartite National Wages Council is to review the decisions establishing wages for all economic sectors in a forum for dialogue between the parties; and (2) the functions of the Labour Advisory Council include: (i) carrying out studies on issues relating to wage employment and recommending measures to the public authorities which it considers appropriate for improving the development and coordination of labour activities in the country; and (ii) analysing draft laws and decrees relating to labour matters and issuing the corresponding opinions. The Committee notes this information, which addresses the matter raised in its previous direct request.

Article 9. Means available to the Ministry of Labour to ascertain whether regional or local agencies are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them. Further to its previous comments, the Committee notes the Government’s indication that each of the 40 local labour offices in the country draws up an annual operational plan establishing initiatives to achieve various objectives in each locality. To this end, the Government indicates that surveillance and control activities are ongoing in workplaces, awareness-raising and guidance actions are carried out for employers and workers on labour regulations, and statistics are compiled on workshops held to promote workers’ and employers’ rights and labour inspection orders. The Committee notes this information, which addresses the matter raised in its previous direct request.

Article 10. Status and conditions of service of labour administration personnel and material resources available to them. Further to its previous comments, the Committee notes the Government’s indication that: (i) the current structure of the Ministry of Labour is governed by Decision No. 1 of 2022, approving modifications to the organizational structure of the Ministry of Labour, and includes 18 area directorates, 36 departments, 8 divisions, 2 sections, 40 local labour offices and 26 regional employment offices; and (ii) the Ministry of Labour has 981 employees at the national level, of whom 483 are on the administrative career path, where stability of public employment is guaranteed in accordance with section 23 of Act No. 41 of 2008 on the public service. The Committee also notes the Government’s indication that, under the labour administration budget of the Ministry of Labour, regional and provincial offices are maintained to cover the operational needs of the institution, and that in the 2021–22 period 77 training courses were held for 500 public employees. The Committee notes this information, which addresses the matter raised in its previous direct request.

Application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s indication that no pilot programmes similar to the “Pilot programme for strengthening the labour administration in the Bávaro-Verón region” have been implemented. Regarding progress on the implementation of this programme, the Government indicates that: (i) workshops were held at the Ann & Ted Kill Polytechnic to train young persons and members of the Bávaro-Verón community in the hotel and tourism sectors, and action was taken to promote their entry into the employment market; (ii) the project for the construction of the Ciudad del Saber (city of knowledge) hotel, tourism and industry training centre was launched; and (iii) workshops and vocational guidance forums were held on the prevention of child labour and exploitation of children and young persons, in coordination with the Eastern Hotels Association, the National Employment Service and the Movement for the Autonomous International Development of Solidarity (MAIS-ECPAT). The Committee notes this information, which addresses the matter raised in its previous direct request.

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

The Committee notes the observations of the International Organisation of Employers (IOE) and the Employers’ Confederation of the Dominican Republic (COPARDOM), received by the ILO on 28 August 2014, referring to the functions of the Ministry of Labour.

Article 3 of the Convention. Activities in the field of national labour policy regarded as being matters regulated by recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes that the Government has not provided a copy of the agreements and accords reported to have been concluded through direct negotiations between employers’ and workers’ organizations. The Committee once again asks the Government to provide copies of such documents or information on the subjects that they cover.

Articles 5(1) and 6(1) and (2)(a) and (b). National employment policy and the role of national tripartite councils. With reference to its previous comment, the Committee notes that the National Employment Commission (CONAEMPLEO) is an advisory tripartite body established in 1983. It is responsible for advising the Ministry of Labour on public employment policies, and its objective is to propose and promote active employment policies which have an impact on the labour market, extend employment opportunities for the unemployed and improve labour and wage conditions for employed persons. The Committee asks the Government to provide information on the role played by the National Wages Council and the National Labour Council in determining the national employment policy.

Article 9. Means available to the Ministry of Labour to ascertain whether regional or local agencies are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them. The Government indicates that there are currently 40 local labour administration offices and that section 431 of the Labour Code provides that, to give better effect to its provisions, the Ministry of Labour may establish district jurisdictions. In each district, an inspector is appointed as the local labour representative. These representatives are responsible for, among other matters, enforcing laws and regulations in their respective constituencies, giving effect to the orders issued by the Ministry and undertaking the action required by laws and regulations. The Committee asks the Government to provide extracts of reports or other periodical information on labour administration activities submitted by regional or local bodies to the Ministry of Labour.

Article 10. Status and conditions of service of labour administration personnel and material resources available to them. In reply to the Committee’s previous comments, the Government has indicated that all employees in the public sector are governed by Act No. 41-08, but that not all of them are integrated into the administrative career structure. The Act guarantees stability of public employment. In accordance with section  23 of the Act, career public servants are those who have entered a public competition and passed the tests and assessments envisaged by the law and the corresponding regulations, have been appointed to discharge a permanent position, which has a specific classification and its own budgetary allocation. Career public officials only lose their status in the cases explicitly provided for, following a specific procedure and the adoption of a formal administrative decision. The Committee asks the Government to provide information on the current composition of the labour administration system and its geographical distribution, with an indication of the number of persons employed in the system who are not covered by the administrative career structure. Furthermore, and observing that the Government has not provided information on the training provided during employment to personnel discharging labour administration functions, nor on the material and financial means available for their discharge, nor their geographical distribution, the Committee once again asks the Government to provide detailed information on this subject.

Application of the Convention in practice. The Committee notes with interest the pilot programme to strengthen the labour administration carried out in the Bávaro-Verón region, Punta Cana, between 2010 and 2013, and the execution of similar projects in the areas of Bayahibe, La Romana, San Pedro de Macoris, Juan Dolio, Puerto Plata, Santiago and La Vega, to which the Government refers in its report. The programme in Bávaro-Verón was carried out in coordination with the Ministry of Labour and with the technical and financial assistance of the ILO project to monitor the implementation of the recommendations of the ILO White Paper. Its principal achievements include: (i) the establishment of the local office of the National Technical and Vocational Training Institute (INFOTEP) and the Labour Skills School; (ii) the conclusion of agreements between enterprises, mainly hotels, and INFOTEP for the continuous training of their workers; (iii) the introduction by the INFOTEP of modules in a secondary school providing training for young persons in the hotels and electricity sectors as an option for their entry into the local labour market; (iv) the opening of the Youth and Adult Training Institute, under the responsibility of INFOTEP; (v) the strengthening and improvement of vocational support services in the Ministry’s local offices; (vi) the promotion of the National Employment Service (SENAE); (vii) the holding of vocational guidance workshops and employment fairs; (viii) the conclusion of a collaboration agreement between INFOTEP, the hotels association and the Ministry of Public Health for the training of hotel sector workers in health and safety; (ix) the establishment of the Committee for the Eradication of Child Labour and the training of its representatives; (x) the conclusion and renegotiation of ten collective agreements on working conditions; and (xi) capacity building for employers’ and workers’ representatives in training workshops. The Committee asks the Government to provide information on developments in the implementation of the pilot programmes similar to the one in the Bávaro-Verón region, and on their impact on the organization, operation and discharge of the functions of the labour administration system.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report received at the ILO on 23 October 2009.

Article 2 of the Convention. Delegation of labour administration activities to non-governmental bodies. Noting that, according to the Government, no labour administration activities have been entrusted to any non-governmental bodies, the Committee points out that employers’ or workers’ organizations constitute non-governmental organizations within the meaning of the Convention. The Government is accordingly asked to indicate whether any labour administration activities have been delegated to employers’ or workers’ organizations (for example, in the area of social protection, training, workers education).

Article 3. Activities in the field of national labour policy regarded as being matters regulated by recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes that according to the Government, collective agreements between employers’ and workers’ organizations have been concluded by recourse to direct negotiation. The Committee would be grateful if the Government would provide copies of such collective agreements on matter relating, inter alia, to conditions of work or the protection of workers in the performance of their duties.

Articles 5 and 6(1)(a). National employment policy and the role of national tripartite councils. The Committee notes that there is an online employment window at the General Employment Directorate of the Labour Ministry and that it provides a link between job supply and demand and compiles useful information for assessing the situation of the national employment market. The Government is asked to provide detailed information on the role played by the National Employment Council, the National Wages Council and the National Labour Council in determining the national employment policy, and to provide all relevant documentation.

Article 9. Ascertaining that local labour administration agencies operate lawfully and consistently with the objectives assigned to them. The Government having provided no information on this matter, the Committee again asks it to specify, illustrating by any relevant documents, the legislative and practical resources at the disposal of the Secretariat of Employment to ensure that the activities delegated to local agencies under this Article are carried out in accordance with the national legislation and are in keeping with the objectives assigned.

Article 10. Status and conditions of service of labour administration staff and material resources. With regard to the status and conditions of work of public administration employees, the Committee notes that the Government refers to Act No. 41–08 of 4 January 2008 issuing the Public Service Regulations, which repeals Act No. 14–91 of 20 May 1991 on the civil service and administrative careers, and Act No. 120–01 issuing the code of ethics for public servants. The Committee notes that according to section 2(2) of the new Act, persons having an employment relationship with State bodies that are governed by the Labour Code are excluded from its scope. The Committee requests the Government to specify whether all persons performing labour administration functions are public servants governed by Act No. 41–08 of 4 January 2008. It would be grateful if the Government would, in any event, provide information on the composition of the staff of the labour administration system (public servants and contract workers) and the geographical distribution of the staff within the various bodies.

The Government is also asked to provide information on the training provided to the abovementioned staff in the course of their employment (areas covered, frequency, duration, participation, etc.) and to describe the material means and financial resources placed at their disposal to perform the duties of labour administration.

Parts III and IV of the report form. The Government is asked to reply in detail to the questions under these parts of the report form.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Further to its previous comments, the Committee would be grateful if the Government would provide further information on the following points.

Article 3 of the Convention. The Committee once again requests the Government to indicate whether, under national law or practice, certain activities which come under national labour policy are regulated by recourse to direct negotiation between employers’ and workers’ organizations, without intervention from, but under the control of, labour administration bodies. If so, the Government is requested to indicate the activities in question and to provide a copy of any relevant legislative text or document.

Article 7. The Committee invites the Government to refer, with regard to the meaning of this provision, to paragraphs 131 ff. of its 1997 General Survey on labour administration and to the practical examples quoted in the footnotes, and requests it to indicate, in the light of these clarifications, the cases and the circumstances in which labour administration activities would be carried out in collaboration with other competent bodies, with a view to improving the conditions of work and working life of categories of workers who are not, in law, employed persons, the list mentioned by Article 7 having a purely indicative character. The Government is requested to communicate, if necessary, any relevant text or document.

Article 9. The Committee requests the Government to specify the legal and practical means, illustrated by any relevant document, at the disposal of the Secretariat of State for Labour to ensure that local agencies carry out the activities delegated to them under this Article, in accordance with the national legislation, and that they fulfil the objectives which have been assigned to them.

Article 10. The Committee requests the Government to provide further information on the distribution within the Secretariat of State for Labour and its external departments of the resources allocated by the national budget in the light of its requirements in human resources, training, material means and logistics with a view to the proper performance of its duties.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s first report on the application of the Convention and the information available at the Office on the measures being implemented under the labour administration modernization project for Latin America (MATAC/BIT). The Committee would be grateful if the Government would provide additional information regarding the application of the following articles.

Article 3 of the Convention. The Government indicates under this provision that, in all labour disputes, whatever their nature, the employers, the workers or the organizations representing them may refer the dispute to arbitration. The Committee would be grateful if the Government would specify, as this Article requires, any activities in the field of national labour policy which are regarded as being matters which, in accordance with national laws or regulations, or national practice, are regulated by having recourse to direct negotiations between employers’ and workers’ organizations.

Article 5. Noting that three tripartite national councils have been set up to deal with employment, wages and labour, respectively, the Committee would be grateful if the Government would indicate whether, as paragraph 2 of this Article provides, arrangements are made at regional and local levels to secure tripartite consultation, cooperation and negotiation within the system of labour administration.

Article 7. The Government is asked to indicate whether the labour administration covers, because national circumstances so require, workers who are not, in law, employed persons, particularly those referred to in points (a) to (d) of this Article. If not, the Government is asked to state whether, in its view, national conditions require gradual extension of the functions of the system of labour administration to include the above workers, and to indicate the measures taken to that end.

Article 8. Please state which bodies of the system of labour administration are competent to participate in the preparation of the national policy concerning international labour affairs and the representation of the State with respect to such affairs, and the preparation of measures to be taken at the national level with respect thereto.

Article 9. Please provide detailed information on the manner in which it is ensured that regional and local bodies to which labour administration activities may have been delegated are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

Article 10, paragraph 2. Please describe the material means and financial resources allocated to the staff of the labour administration system for the performance of their duties.