Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Dominican Republic (Ratification: 1999)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019. To this end, the Committee notes the observations of the Autonomous Confederation of Workers' Unions (CASC), the National Confederation of Dominican Workers (CNTD) and the National Confederation of Trade Union Unity (CNUS), received on 5 September 2019 and 1 October 2020. The Committee requests the Government to send its comments in this respect.

Tripartism and social dialogue in the context of the COVID-19 pandemic. The Committee notes that, in their observations of 2020, the CASC, CNTD and CNUS state that the Government has taken measures to deal with the effects of the pandemic, which impact workers and production in general, without prior consultation of the social partners, except in exceptional cases, (Recommendation No. 152, Paragraph 5(c)). They report that workers’ organizations have only been consulted on those measures, the approval of which requires a tripartite vote, such as the withdrawal of funds from the Dominican Institute for Protection and Prevention of Occupational Hazards (IDOPRIL). In relation to the social support measures implemented by the Government to mitigate the effects of the pandemic, the trade union organizations state that the social partners were consulted separately on this matter, which led to suspicion on the part of the workers' organizations and the exclusion of the representatives of workers in a situation of increased vulnerability, such as migrant workers, domestic workers, persons with disabilities and self-employed workers. In addition, they report that on 11 September 2020, tripartite consultations were held within the framework of the Labour Advisory Council, where agreement was reached on the joint implementation of economic, labour and health measures to address the crisis that has been affecting the country’s tourism sector for years (in which there are more than 500,000 formal and informal workers) and which has been exacerbated by the pandemic. The Committee recalls the broad guidance provided by international labour standards, and encourages Member States to engage in tripartite consultations and broad social dialogue as a solid basis for the development and implementation of effective responses to the profound socio-economic impact of the pandemic. The Committee invites the Government to provide up-to-date information on the measures adopted with a view to mitigating the impact of COVID-19 and the measures to contain it. In particular, it requests the Government to report on the measures adopted to build the capacity of constituents, and strengthen the tripartite mechanisms and procedures, as well as on the challenges and good practices identified, in conformity with Article 4 of the Convention and Paragraphs 3 and 4 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152).

Article 5 of the Convention. Effective tripartite consultations. In response to the Committee’s previous comments, the Government has provided a copy of the “Operating Regulations for the Tripartite Round Table on issues relating to international labour standards”, which were drafted with the technical assistance of the ILO; as well as copies of the meeting reports of the Tripartite Round Table. Under the provisions of section 2 of the Regulations, the functions of the Tripartite Round Table include: analysing and discussing compliance with ratified Conventions; discussing and developing the reports on ratified Conventions; discussing and promoting compliance with recommendations issued by the ILO supervisory bodies; and analysing the content and possible impact of unratified Conventions and the Recommendations to which effect has not yet been given. Section 6 of the Regulations provides that the Tripartite Round Table shall meet at least once every three months. The Committee notes the Government’s information that Tripartite Round Table began operating on 20 June 2018. It also notes the notifications and reports of the seven working meetings that took place between 20 June 2018 and 16 July 2019, in which tripartite consultations were held on several active cases before the Committee on Freedom of Association. The Committee observes, however, that the Government has not provided information in its report on the effective tripartite consultations on the issues covered by Article 5(1) of the Convention: (a) government replies to questionnaires concerning items on the agenda of the International Labour Conference; (b) the submission of instruments to the National Congress; (c) the re-examination at appropriate intervals of unratified Conventions and of Recommendations; (d) the reports on ratified Conventions to be made to the Office under article 22 of the ILO Constitution; and (e) proposals for the denunciation of ratified Conventions.

The Committee notes that, in their observations, the CASC, CNTD and CNUS maintain that tripartism has deteriorated over recent years and that workers’ organizations have not been consulted on important labour-related decisions. The workers’ organizations refer to their participation in informal meetings in December 2019 and August 2020 with various authorities and domestic workers’ organizations in order to discuss the application of the Domestic Workers Convention, 2011 (No. 189), including methodology for determining domestic workers’ wages. In this regard, they report that such meetings were held without the participation of the employers’ organizations. Lastly, the workers’ organizations refer to the Tripartite Round Table on conflict resolution in the Dominican Republic and maintain that it is only used to hold information meetings. They indicate that, consequently, on 16 July 2019, the CNUS and CNTD withdrew their participation from that Round Table, pending the finalization of responsibilities and concrete solutions to the conflicts raised at its meetings. Therefore, the Committee requests the Government to transmit detailed and up-to-date information on the frequency and content of the consultations held within the framework of the Tripartite Round Table on issues relating to international labour standards relating to the application of the Convention, as well as on the outcome of those.

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

Article 5 of the Convention. Effective tripartite consultations. In response to the Committee’s previous comments, the Government has provided a copy of the “Operating Regulations for the Tripartite Round Table on issues relating to international labour standards”, which were drafted with the technical assistance of the ILO; as well as copies of the meeting reports of the Tripartite Round Table. Under the provisions of section 2 of the Regulations, the functions of the Tripartite Round Table include: analysing and discussing compliance with ratified conventions; discussing and promoting compliance with recommendations issued by the ILO supervisory bodies; and analysing the content and possible impact of unratified Conventions and the Recommendations to which effect has not yet been given. Section 6 of the Regulations provides that the tripartite round table shall meet at least once every three months. The Committee notes with interest the Government’s indication that the Tripartite Round Table began operating on 20 June 2018. The Committee also notes the notifications and reports of the seven working meetings that took place between 20 June 2018 and 16 July 2019, in which tripartite consultations were held on several active cases before the Committee on Freedom of Association. The Committee observes, however, that the Government has not provided information in its report on the effective tripartite consultations on the issues covered by Article 5(1) of the Convention: (a) government replies to questionnaires concerning items on the agenda of the International Labour Conference; (b) the submission of instruments to the National Congress; (c) the re-examination at appropriate intervals of unratified Conventions and of Recommendations; (d) the reports on ratified Conventions to be made to the Office under article 22 of the ILO Constitution; and (e) proposals for the denunciation of ratified Conventions. The Committee therefore requests the Government to provide detailed information on the content of the consultations held in the context of the Tripartite Round Table on issues relating to international labour standards regarding the application of the Convention, and their outcomes.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee asked the Government to send its comments on 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). In its reply, the Government indicates that both the workers’ and employers’ sectors had received the electronic drafts of the reports sent in 2016 so that they could make their observations. The Committee notes that the activities of the tripartite round table on issues relating to international labour standards have begun, with regulations on its functioning drawn up on a tripartite basis and subsequently revised by the employers pending receipt of the workers’ observations. The Government indicates that tripartite consultations were held on the abrogation and withdrawal of six international labour Conventions. The Committee also notes the Government’s statement that two tripartite meetings were held regarding the revision of the Employment (Transition from War to Peace) Recommendation, 1944 (No. 71), and that during the meeting of the Labour Advisory Council on 16 May 2017 discussions were held on topics such as labour migration, possible amendments to the Labour Code and the Social Security Act, social security coverage for mobile and casual workers, and reclassification of enterprises. Lastly, the Government indicates that observations from the workers and employers are pending with regard to the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), and the Social Protection Floors Recommendation, 2012 (No. 202). The Committee recalls that the effectiveness of consultations presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinions (see General Survey of 2000 on tripartite consultation, paragraph 31). The Committee requests the Government to provide a copy of the regulations on the functioning of the tripartite round table on issues relating to international labour standards, once they have been adopted. The Committee also requests the Government to supply detailed information on the activities of the abovementioned tripartite round table, particularly the content and outcome of the discussions held in relation to the matters referred to in Article 5(1).

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

The Committee notes 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 1 September 2016, as well as the Government’s reply, received on 25 October 2016.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes with interest the signing on 1 July 2016 by the CNTD, the CNUS, the CASC and the Employers’ Confederation of the Dominican Republic (COPARDOM) of the tripartite agreement on the establishment of a round table on issues relating to international labour standards. The Government indicates in its report that the round table will, inter alia: analyse and discuss compliance with the ILO Conventions ratified by the Dominican Republic, with special emphasis on the fundamental and governance Conventions; discuss and prepare the reports that the Government must send to the Committee of Experts, so that the parties can discuss and prepare pertinent replies to the observations and direct requests made by the Committee; and analyse and discuss the content of the ILO Conventions that the Government proposes to ratify and their potential impact, and of Recommendations. The Committee notes that the second clause of the tripartite agreement establishes that the parties to the agreement shall draft and adopt rules of procedure for the round table to define its methods of work and functioning. In their observations, the CNUS, the CASC and the CNTD indicate once again that trade unions are not taken into account or consulted, and that the reports and the replies to the questionnaires that have to be prepared by the Government are not referred to them. They add that, although the Government has initiated a process to discuss and send comments that have been agreed on a tripartite basis, the appointment in August 2016 of a new Minister of Labour has prevented the round table from being fully operational. The Government indicates in its response that, prior to their transmittal, between 15 January and 12 August 2016, consultations were held on the reports with workers’ and employers’ organizations. It adds that the Board’s regulations are being drafted jointly with the organizations of workers and employers, and with technical assistance from the Office. The Government also refers to the 2015 observations on the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), in which the Committee took note of the joint tripartite declaration signed by the Government, COPARDOM, the CNUS, the CASC and the CNTD. The Government further indicates that these trade union federations were also invited to participate in the discussions held on the Institutional Strategic Plan 2016–20.

The Committee refers to its observation of 2014 and recalls the importance under Article 5(1)(a) and (d) of the Government providing a copy of proposed replies or reports to the respective organizations, in order to gather their opinions before preparing a definitive reply or report. The Committee requests the Government to provide its comments on the observations of the CNUS, the CASC and the CNTD. The Committee hopes that the activities of the round table on issues relating to international labour standards will begin in the near future and that the Government will be able to provide information on the drafting and adoption of the rules of procedure envisaged in the tripartite agreement, the consultations held on replies to questionnaires concerning items on the agenda of the Conference (Article 5(1)(a)), the proposals made to the National Assembly in connection with the submission of instruments adopted by the Conference (Article 5(1)(b)) and the preparation of reports on the application of the ratified Conventions (Article 5(1)(d)). Please also indicate whether tripartite consultations have been considered for the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)).

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

Article 5 of the Convention. Effective tripartite consultations. Observations from trade union confederations. The Committee notes the Government’s detailed report received in March 2014 and the observations made by the National Confederation of Trade Union Unity (CNUS) and the Autonomous Confederation of Workers’ Unions (CASC), which were transmitted to the Government in December 2013. The two union confederations reiterate that they do not receive in due time, nor in an organized manner, the replies to questionnaires and reports that have to be prepared by the Government, but which should contain the observations of employers’ and workers’ organizations. The two confederations reiterate that there is no institutional procedure for the tripartite follow-up of the adoption, submission, ratification and application of international labour standards. The Government indicates that consultations are held in the Labour Advisory Council and the National Employment Commission, and that other areas of dialogue exist which maintain a permanent interaction between the social partners to seek consensus on matters of common interest, such as child labour, occupational safety and health, and training (within the context of the Vocational and Technical Training Institute). With reference to the previous comments, the Government indicates that the reports due in 2012 were transmitted in good time to the most representative organizations of employers and workers so that they could review them and make any observations. The Government attaches to its report the communications sent to the Employers’ Confederation of the Dominican Republic (COPARDOM), CNUS, CASC and the National Confederation of Dominican Workers (CNTD) in October 2012 concerning the reports due on ratified Conventions. The Government indicates that these communications were sent for them to review the reports in accordance with article 23(2) of the Constitution of the ILO. The Committee once again observes that the consultations on international labour standards required by Article 5(1) of the Convention are not among the matters discussed recently by the Labour Advisory Council or the National Employment Commission. With regard to the preparation of reports, the Committee emphasizes that the obligation to consult the social partners on the reports to be made concerning ratified Conventions must be clearly distinguished from the obligation to communicate these reports under article 23(2) of the Constitution. The Committee recalls that, to give effect to Article 5(1)(d) of the Convention, for any consultations, including consultations conducted in writing, the Government should provide a proposed copy of the reports to the representative organizations in order to gather their opinions before preparing the definitive report. The Committee requests the Government to provide information on the consultations held on each of the matters envisaged in Article 5(1) of the Convention. In particular, to ensure that the views of the representative organizations are taken into account, the Committee invites the Government to consider with the social partners the possibility of establishing a schedule for the preparation of reports (Article 5(1)(d)).

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2012 observation which read as follows:

Repetition

Tripartite consultations required by the Convention. Observations from trade union confederations. The Committee notes the detailed report from the Government received in October 2012 and the new observations from the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD). In the observations sent to the Government in October 2012, the trade union confederations again express their concern at the fact that they did not receive the reports and questionnaires due from the Government. According to the trade union confederations, no institutional procedure was established for tripartite participation in the adoption, submission, ratification and application of international labour standards. The Government states in its report that it regrets that the trade union confederations have not received the reports by the deadline and in the form established by the Convention. The Committee notes that the Government undertakes to hold tripartite consultations with respect to the drafting of the reports called for under Article 5 of the Convention. The Committee also observes that the consultations on international labour standards required by the Convention are not included in the information provided for by the Government on the consultations held in the Labour Advisory Council in 2010, 2011 and 2012. The Committee invites the Government to ensure full compliance with the tripartite consultations required when preparing draft reports on the application of ratified Conventions (Article 5(1)(d) of the Convention). It also invites the Government to provide detailed information, in the next report due in 2013, on the consultations held on the matters relating to international labour standards provided for in Article 5(1) of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Tripartite consultations required by the Convention. Observations from trade union confederations. The Committee notes the detailed report from the Government received in October 2012 and the new observations from the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD). In the observations sent to the Government in October 2012, the trade union confederations again express their concern at the fact that they did not receive the reports and questionnaires due from the Government. According to the trade union confederations, no institutional procedure was established for tripartite participation in the adoption, submission, ratification and application of international labour standards. The Government states in its report that it regrets that the trade union confederations have not received the reports by the deadline and in the form established by the Convention. The Committee notes that the Government undertakes to hold tripartite consultations with respect to the drafting of the reports called for under Article 5 of the Convention. The Committee also observes that the consultations on international labour standards required by the Convention are not included in the information provided for by the Government on the consultations held in the Labour Advisory Council in 2010, 2011 and 2012. The Committee invites the Government to ensure full compliance with the tripartite consultations required when preparing draft reports on the application of ratified Conventions (Article 5(1)(d) of the Convention). It also invites the Government to provide detailed information, in the next report due in 2013, on the consultations held on the matters relating to international labour standards provided for in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Tripartite consultations required by the Convention. The Committee notes the Government’s detailed report received in August 2011. It also notes the comments by the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers' Unions (CASC) and the National Confederation of Dominican Workers (CNTD), forwarded to the Government in September 2011. The trade union confederations indicate that, in 2010, the Government transmitted the reports on the application of the ratified Conventions to them two months after the deadline for submitting such reports to the ILO. They further indicate that they did not receive the reports on the application of ratified Conventions for the year 2011. According to the trade union confederations, no institutional procedure was established for the tripartite follow up to the adoption, submission, ratification and application of international labour standards. The Committee requests the Government to indicate the manner in which it ensures full compliance with the tripartite consultations required when preparing draft reports on the application of ratified Conventions (Article 5(1)(d) of the Convention). It also requests the Government to provide information on the consultations held on the other matters relating to international labour standards provided for in Article 5(1) of the Convention.

[The Government is asked to reply in detail to the present comments in 2012.]

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

1. Tripartite consultations required by the Convention. In the report received in September 2003, the Government states that the Labour Advisory Council holds its meetings every two months to deal with subjects of interest such as submission requests, the agenda of the Conference, the reports which have to be sent under article 22 of the Constitution, etc. The Committee would be grateful if the Government would supply detailed information on the consultations actually held during the period covered by its next report, on each of the matters set out in Article 5, paragraph 1, of the Convention. Please describe the recommendations made in the context of the Labour Advisory Council as a result of the consultations held on the matters covered by the Convention.

2. Operation of the consultative procedures. Please provide information on any consultations held with the representative organizations on "the working of the procedures provided for in this Convention" (Article 6).

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

The Committee notes the report received in June 2001 indicating that there is a very advanced culture of tripartism in the Dominican Republic and that all decisions are taken and examined by the three sectors. The Committee also notes Decree No. 47-99, of 17 February 1999, establishing the Labour Advisory Council. The Committee recalls the importance of first reports in enabling it to undertake its first evaluation of the application of ratified Conventions. The Committee therefore requests the Government to make a special effort when preparing its next report and to provide, in respect of Articles 2, 3, 4, 5 and 6 of the Convention, all the information required by the report form.