Employment Policy Convention, 1964 (No. 122) - Dominican Republic (Ratification: 2001)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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 1 September 2021. The Committee requests the Government to send its comments in this regard.

Articles 1–3 of the Convention. Formulation and implementation of an active employment policy.Consultations. The Committee notes the Government’s indication, in reply to its previous comments, that the National Employment Plan (PNE) adopted in 2014 was not implemented because of institutional and financial restrictions. The Government adds that, even though certain projects in the PNE were implemented, no evaluations of their impact were carried out. The Committee notes the information available on the Ministry of Labour’s website concerning the process of preparing a new National Employment Plan (PLANE), with the support of “Eurosocial+”, the European Union (EU) programme for social cohesion in Latin America. The objective of the new PLANE is to promote the creation of 600,000 new decent jobs for the 2021-24 period, which is 200,000 more than in the 2014 PLANE. The PLANE project measures include: economic incentives for investment; technical and vocational training to promote the development of human talent and the employability of the population in situations of great vulnerability; the modernization of the Public Employment Service; and technical and financial support for independent workers, micro, small and medium-sized enterprises (MSMEs), and green job initiatives. The Committee also notes that the National Employment Commission, a tripartite advisory body, was reactivated in May 2021, after six years of inactivity, with a view to launching the consultation process for the development of PLANE. The resulting project is the product of a process in which numerous actors have participated, through virtual thematic forums and numerous electronic consultations, such as representatives of the social partners, various government entities, academic experts and members of civil society. On 17 February 2022, the proposal for the new PLANE was presented to representatives of the social partners and public bodies for their comments, before its final draft. With regard to labour market trends, the Government states that, according to information from the Dominican Labour Market Observatory (OMLAD), between 2018 and 2021 the employment rate fell from 59.5 per cent to 56.8 per cent (71.8 per cent for men and 42.9 per cent for women), the unemployment rate rose from 5.3 per cent to 8 per cent (4.6 per cent for men and 12.8 per cent for women). The Committee requests the Government to provide detailed, up-to-date information on the status of the preparation of the new National Employment Plan (PLANE) and to send a copy of it once it has been adopted. The Committee also requests the Government to send detailed, up-to-date information on the content and results of the consultations held with the social partners and representatives of stakeholders, in particular representatives of the workers in rural areas and in the informal economy, regarding employment policies and programmes. The Committee further requests the Government to send up-to-date statistical information,disaggregated by age, sex and region, on labour market trends, including employment, unemployment and underemployment rates.

Coordination of training policies with employment policies. In its reply to the Committee’s previous comments, the Government indicates that since 2016 there have not been any data on the impact of implemented training programmes owing to a lack of economic resources. The Government expresses the hope that after the implementation of employment recovery measures in the context of the COVID-19 pandemic, it will be possible to establish a basis to make it easier to conduct these studies. Moreover, the Government refers to the implementation of the Technical and Vocational Education and Training Support Programme (PRO ETP II), financed by the EU and the Spanish International Cooperation Agency (AECID). The general objective of the programme is to strengthen the technical and vocational education and training (EFTP) system to better respond to the demands of the education and production sectors and the training needs of the economically active population. As a specific objective, it is proposed to contribute to the strengthening of the institutional, normative and functional components of the national EFTP system. In this regard, it is planned to adopt measures aimed, inter alia, at: improving the capacities of the systems linked to the national vocational training system to ensure their participation in the preparation, implementation, monitoring and validation of the National Qualification Network; increasing the capacities of the competent institutions for improving the quality and relevance of the provision of EFTP in order to adapt it to the labour market; and linking the private sector to mechanisms for the design and implementation of EFTP policies through public-private partnerships for development. To achieve these objectives, it is planned, inter alia, to update the electronic employment exchange, and also to implement a labour information system which collates labour market indicators and statistics from various public institutions. Lastly, the Committee notes that the workers’ confederations indicate in their observations that the National Institute for Vocational and Technical Training (INFOTEP) has expanded the provision of training and has conducted a survey to identify the requirements of the main occupations in demand and establish a skills and learning strategy to improve the country’s competitiveness in the context of the digital era and the future of work. However, they point out that the training plans to promote employment are not coordinated. The Committee requests the Government to provide detailed information, including statistics disaggregated by age, sex and region, on the various training programmes implemented, including the Technical and Vocational Education and Training Support Programme (PRO ETP II), and also on their impact on securing lasting employment for men and women. With regard to the collection of data on the impact of these programmes, the Committee reminds the Government that it may avail itself of ILO technical assistance in this regard. Moreover, in the light of the observations of the workers’ confederations, the Committee requests the Government to send detailed information on how the various programmes of training for employment are coordinated and in what manner consultations with the social partners are ensured.

Specific groups vulnerable to decent work deficits. The Committee observes that, according to ILOSTAT, in 2020, the overall unemployment rate of young persons was 14.9 per cent (11.6 per cent for women and 20.7 per cent for men), whereas 33.7 per cent of all young persons were either unemployed or not studying or receiving training (44.2 per cent for women and 31.1 per cent for men). The Committee notes the information supplied by the Government on the measures adopted to promote youth employment, such as the adoption in 2019 of the Primer empleo (initial employment) programme, which provides 6,200 young persons between 18 and 29 years of age with access to employment in the form of training for employment with formal enterprises, in particular promoting the participation of women and single mothers and persons with disabilities. The Government also refers to the implementation of the Escuela taller (workshop as school) programme, which provides young persons in vulnerable situations with job training in diverse areas such as crafts, carpentry, construction and electricity. The Government states that from 2015 to the first half of 2021 a total of 571 men and 265 women participated in the programme. Furthermore, the Government refers to the discussion on 25 May 2021 in the Chamber of Deputies of the bill on initial employment, which provides young graduates with the opportunity for internships or half-time work in various institutions so that they can develop acquired knowledge. The Committee notes that the workers’ organizations claim in their observations that young persons who have finished higher education face major difficulties regarding access to the labour market because of the lack of job placement strategies for young persons. They also assert that bureaucratic obstacles and high demands regarding levels of previous experience make it difficult for young persons to secure their first job or a change of job. Moreover, they criticize the fact that many of the jobs on offer are precarious, temporary, offer low wages and do not provide opportunities for development. The Government, on the other hand, indicates that in order to promote jobs for women, adequate services with equal opportunities are provided in the programmes implemented by the Ministry of Labour and awareness-raising measures aimed at enterprises have been implemented to promote women’s employment. In this regard, the Government states that it has requested enterprises to omit age and gender requirements in job vacancy profiles. Lastly, the Committee refers to its comments on the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), in which it notes the detailed information provided by the Government on the measures taken by the National Council on Disability (CONADIS) to promote employment for persons with disabilities, as well as on the implementation of Basic Act No. 5-13 on equal rights for persons with disabilities, section III of which establishes a quota of two per cent for hiring persons with disabilities in private enterprises (compared with five per cent in the public sector). The Committee requests the Government to continue providing detailed, up-to-date information on the measures taken or contemplated to promote access to formal and lasting employment for groups vulnerable to decent work deficits, in particular young persons, women and persons with disabilities. The Committee also requests the Government to send up-to-date statistical information on the impact of such measures. It further requests the Government to provide up-to-date information on the status of the adoption of the bill on initial employment and to send a copy of it once it has been adopted.

Migrant workers. In its reply to the Committee’s previous comments, the Government indicates that the labour legislation prohibits any kind of discriminatory practice in the hire of persons, whether national or foreign, in the context of an employment contract or a job application (principles IV and VII of the Labour Code). The Government states that a total of 3,931 persons, including workers, employers and public employees, have received training on various aspects of equal opportunities and non-discrimination in employment and occupation. Moreover, it reports on the establishment of the Labour Migration Committee, which is composed of representatives of various national institutions such as the Social Security Treasury (TSS), the National Institute for Migration (INM) and the Ministry of External Relations (MIREX). In this regard, the Government indicates that it is receiving advice and support from the International Organization for Migration (IOM) and the ILO. The Committee notes the adoption on 22 January 2021 of Resolution No. 119-21 normalizing the irregular migration situation of Venezuelan nationals on Dominican territory. Through this resolution, Venezuelan nationals who entered Dominican territory using a tourist card or a visa issued by the Dominican authorities and who have stayed on Dominican territory beyond the authorized period of validity, are eligible for an extension of stay and can apply for a non-resident permit in the student or temporary worker subcategories. The Committee requests the Government to send detailed, up-to-date information on the nature and impact of the measures adopted to prevent abuse in the recruitment of foreign workers in the country, including Resolution No. 119-21, and of national workers who emigrate in search of job opportunities abroad, including those adopted within the Labour Migration Committee.

Informal economy. The Committee notes that, on the basis of the “Eurosocial+” programme report of 28 September 2021 on the updating of PLANE, informality has become established in the country as a structural problem stemming from an economic model that maintains sustained growth in sectors which either do not create employment or do so in precarious forms. The Government also indicates that as a result of the pandemic, there has been an increase in informality, especially in the commerce and construction sectors. According to statistical information from OMLAD, the rate of informality in 2021 was 57.7 per cent (61.7 per cent for men and 51.5 per cent for women). In this regard, it is envisaged that PLANE will include measures for the development of passive employment measures, as well as the establishment of policies for the social protection of informal workers and the reduction of informality in the labour market. Moreover, the Government reports on the implementation of various measures aimed at combating informality in the context of the pandemic through support to MSMEs, such as the implementation of the recovery programme with DOP 4,100 earmarked for MSMEs. Lastly, the Committee notes the information provided by the Government, disaggregated by sex, age and region, on the number of formal workers who entered the labour market for the first time between 2012 and July 2021. The Committee requests the Government to continue providing detailed, up-to-date information on the nature and impact of the measures adopted to combat the high rate of informality in the country.

Micro, small and medium-sized enterprises (MSMEs). The Committee notes the information supplied by the Government on the measures taken to facilitate the establishment of MSMEs and cooperatives in the country. The Government refers, inter alia, to the implementation since 2013 of the “formalization single window” (VUF) for facilitating the establishment of MSMEs in all provinces of the country. The Committee notes with interest the Government’s indication that the functioning of the VUF has enabled the time and cost of registering enterprises to be reduced. The Government states that between 2014 and 2020 the percentage of enterprises registered through the VUF increased from 1.56 per cent to 66 per cent of all established enterprises. According to the MSME Policy Department, between 2012 and 2021 a total of 229,358 enterprises were established through in-person channels and between October 2013 and June 2021 a total of 36,695 enterprises were established through the FormalízateRD web portal. However, the Government indicates that it does not have any information on the number of jobs created by new enterprises. The Government also indicates that it is planned to amend Act No. 127-64 on cooperative associations and its implementing regulations, with the aim of modernizing the text and adapting the regulations to simplify the administrative procedures for setting up an enterprise. The Government adds that, between 2012 and 2021, a total of 479 cooperatives were created, with 133 in agriculture and two relating to commerce. As regards policies for the award of public contracts to SMEs, the Government indicates that, under sections 25 and 26 of Act No. 488-18, 15 per cent of purchases of goods and services by public institutions must go to MSMEs, and 20 per cent to those headed by women (with over 50 per cent in shareholding or social capital). Lastly, the Government indicates that the 2016 analysis of the impact of the public procurement and contracts policy on MSMEs and women revealed a positive impact on beneficiary enterprises, which experienced greater economic benefits, greater professionalization and less staff rotation, as well as an increase in the average wages of their workers. The Committee notes the observations of the workers’ organizations, which indicate that in July 2021 a tripartite agreement was reached to modify wage fixing, since the previous methodology used to fix wages did not include MSMEs, thereby generating precarity and job informality among their workers. The workers’ organizations also point out that Act No. 688-16 on entrepreneurship was adopted without prior consultation of the social partners, and they state that under that Act the enterprises covered by it are exempt from paying pension contributions for the first three years from the date of formalization. They object to the fact that this obstructs the development of the workers’ pension fund, pushing back the age at which they can access their pensions. The Committee requests the Government to continue sending detailed, up-to-date information on the measures taken or contemplated to facilitate the establishment of MSMEs and cooperatives, particularly in disadvantaged regions with the highest unemployment rates. In particular, it requests the Government to send information on the status of the amendment of Act No. 127-64 on cooperative associations and its implementing regulations. The Committee also requests the Government to send statistical information on the number and type of enterprises established. As regards the collection of statistical information on the number of jobs created by those enterprises, the Committee requests the Government to provide information on any progress made in this regard and reminds it that it may avail itself of ILO technical assistance in this regard. Lastly, the Committee requests the Government to continue providing information on the impact of policies for awarding public contracts to SMEs.

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

Articles 1 and 2 of the Convention. Formulation and implementation of an active employment policy. The Committee notes with interest the adoption in 2014 of the National Employment Plan (PNE), whose objectives include the creation of 400,000 jobs in four years, the promotion of decent jobs, the formalization of employment, equality of opportunities, equity and access to security. The Committee also observes that, according to the statistics contained in the PNE, men account for 60.64 per cent of the active population, the unemployment rate has fallen in recent years (to between 5.7 and 6 per cent), and young persons who are neither working nor studying (NEET) account for 7.71 per cent of the working-age population. Furthermore, as regards informality in the labour market, the PNE indicates that the reduction in the unemployment rate is based on an increase in informal employment and that 56.16 per cent of the active population was working in the informal economy in 2012. In this respect, the Government indicates in its report that the current definition of “informality” is being revised with ILO technical assistance and that the statistics will better reflect that definition in the future. The Committee also notes that the Government has prepared a guide concerning the formalization of micro-enterprises. The Committee requests the Government to continue providing information on the implementation and impact of the PNE and to supply statistical data on labour market trends, including employment, unemployment and underemployment rates, disaggregated by age and sex. It also requests the Government to provide up-to-date information on the open unemployment rate and the rate of informality in the labour market, including information on the impact of the measures taken to facilitate the transition of workers from the informal to the formal economy. In this regard, the Government may consider it useful to take account of the guidance provided by the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204).

Coordination of training and employment policies. The Government refers to training programmes established under the PNE, such as labour training provided by the Directorate of Employment for 10,037 young persons in vulnerable unemployment conditions between 2013 and 2016, and training by the National Institute of Vocational and Technical Training for 1,820 young entrepreneurs, 60 per cent of whom were women. In the course of the abovementioned training, access to micro-financing for their businesses was provided for 3 per cent of participants. The Committee also notes that, in order to facilitate access to employment services, in 2016 the virtual platform of the National Employment Service (SENAE) was modernized, enabling the registration in the “Electronic employment exchange” of 55,966 requests for employment and 912 enterprises. The same year saw the establishment of the “Integrated labour registration system” (SIRLA), facilitating the registration of new employees on company payrolls and the exchange of information with the Treasury Department of the National Social Security System, thereby enabling the incorporation of 171,078 workers into the system. Lastly, the Committee notes the Government’s indication in its report that the technical committee at the Ministry of Labour responsible for follow-up to the implementation of the PNE is undertaking a qualitative evaluation of the Plan. The Committee requests the Government to provide relevant data, including statistics disaggregated by age and sex, on the impact of training programmes on securing sustainable employment. The Committee also requests the Government to send a copy of the qualitative evaluation of the PNE once it is available.

Specific groups vulnerable to decent work deficits. The Government indicates that the Ministry of Labour has established a series of programmes and projects for specific groups of disadvantaged workers, such as young people, persons with disabilities and women. In this regard, the Government indicates that: (i) from 2013 to 2015, the Ministry of Labour implemented the “Training programme for young persons in different occupations”, whereby training was provided for 602 unemployed young persons between 16 and 26 years of age, of whom 25 per cent were living with some form of disability; (ii) from 2015, the “Special projects workshop” was set up, with the aim of helping to secure employment for individuals with moderate hearing and learning disabilities; (iii) the “Ministry of Labour reaching out to communities” initiative, which provides the most vulnerable sectors in the country with information on employment, was implemented in 11 communities and was attended by 4,197 unemployed persons; (iv) 430 young persons took part in the “Entrepreneurship unit” training programme for unemployed persons between 20 and 35 years of age belonging to a disadvantaged category (persons with disabilities, women who are single parents, and young people who are neither working nor studying) and seeking to develop opportunities for self-employment; and (v) the “Youth entrepreneurship” training programme set up regional groups to provide local support and follow-up for the projects of young entrepreneurs and published a guide to the formalization of business and a national entrepreneurship policy. As regards persons with disabilities, the Committee notes the adoption of Act No. 5-13 of 15 January 2013 concerning disability in the Dominican Republic, which provides for minimum quotas, tax deductions and tax exemptions for companies hiring persons with disabilities. The Committee requests the Government to provide information on the impact of programmes for the promotion of youth employment, including statistics disaggregated by age and sex. It also requests the Government to supply information on any measures taken or contemplated to promote women’s access to formal and lasting employment, particularly for women who are single parents. Moreover, referring to its previous comments on the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), the Committee requests the Government to provide detailed information on the impact of Act No. 5-13 and its implementing regulations regarding the access of persons with disabilities to the open labour market.

Article 1(2)(c). Migrant workers and workers of Haitian origin. With regard to migrant workers, the Government indicates that the Ministry of Labour, in order to prevent abuses at the time of hiring and to observe the respective proportions of national and foreign workers laid down in the Dominican Labour Code (80 and 20 per cent, respectively), drew up a proposal for the regularization of the hiring of foreign workers. The Government also states that the Directorate of Employment drew up an inventory of occupations whose nature is such as to make it difficult to recruit national workers in sufficient numbers; this will give the Directorate greater powers of discretion when granting recruitment permits, particularly in the construction sector and agriculture. In this regard, the Committee refers to its previous comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), relating to discrimination in employment against persons of Haitian origin (Dominican citizens of Haitian extraction and Haitian nationals), and hopes that the PNE will include measures to prevent abuses in the hiring of foreign workers in the country. The Committee requests the Government once again to indicate the measures taken or contemplated to prevent abuses in the hiring of foreign workers in the country. The Committee also requests the Government to provide information on the outcome of the Ministry of Labour’s proposal relating to the regularization of the hiring of foreign workers.

Small and medium-sized enterprises (SMEs). The Committee notes that the objectives of the PNE relating to micro-, small and medium-sized enterprises envisage the creation of 5,000 new enterprises and 90,000 new jobs in four years, a 10 per cent increase in the rate of formality and the creation of 200 new agricultural and commercial cooperatives. In this regard, the Government refers in its report to a series of measures taken to facilitate the creation of SMEs, such as the creation of a guarantee fund (provided for in Act No. 488-08), the setting up of a single window at the National Tax Directorate to expedite formalization procedures, and the promotion of new export markets. The Committee also notes that, in agreement with the Inter-American Development Bank, the Government has implemented policies regarding the award of public contracts to SMEs, enterprises owned by women, ecological enterprises and innovative entrepreneurs. The Government has also taken steps to evaluate the impact of such policies. The Committee requests the Government to provide detailed information on the measures taken or contemplated to facilitate the creation of micro-, small and medium-sized enterprises and of cooperatives in the country, particularly in regions which are adversely affected and have the highest unemployment rates. The Committee also requests the Government to supply statistical data on the number and type of enterprises created and the number of jobs created by such enterprises. Lastly, the Committee further requests the Government to provide information on the evaluation of policies for the award of public contracts to SMEs and the impact thereof.

Article 3. Consultations. The Committee requests the Government to provide information on the consultations held with the social partners, at both national and regional level, regarding the formulation and implementation of labour policy measures and employment and training programmes. The Committee also requests the Government to indicate the manner in which consultations are ensured with persons affected by the measures taken or contemplated, in particular representatives of workers in rural areas and in the informal economy, in order to take account of their experience and views in the formulation and implementation of programmes and measures to promote full and productive employment.

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

Articles 1 to 3 of the Convention. Design and implementation of an active employment policy. The Government indicates in its report that the National Employment Commission, a tripartite body which has created a space for inter-institutional coordination under the leadership of the Ministry of Labour, approved a National Employment Plan, which was launched in October 2014. The Committee notes the observations made in September 2014 by the Employers’ Confederation of the Dominican Republic (COPARDOM), indicating that, as a result of the discussions and work of the National Employment Commission, the main lines have been established for an employment policy and the assessment of training needs in local areas and specific zones of the country. The Government enumerates the consultations held with the various economic sectors for the development of the National Employment Plan. The Committee notes that the economy has undergone sustained growth (4.1 per cent in 2013 and 3.9 per cent in 2014), but that the rate of open unemployment (the national rate, excluding hidden unemployment) rose from 6.5 per cent in 2012 to 7 per cent in 2013. The Committee also notes the updated employment data published by the Dominican Labour Market Observatory. The Committee requests the Government to provide information on the implementation of the National Employment Plan and on the manner in which its application has made it possible to achieve, in consultation with the social partners, the objectives of full, productive and freely chosen employment. The Committee once again requests the Government to provide a copy of the National Employment Plan.

Coordination of training and employment policies. The Government indicates that the National Employment System Support Project (PASNE) places emphasis on training for the labour market integration of young people, which allows enterprises to provide secure employment in exchange for the payment of a minimum public sector wage for those who have received training. The Government also refers to the programmes implemented by the National Institute for Technical Vocational Training (INFOTEP) and the National Education Reform Charter 2014–30. The Committee requests the Government to provide more detailed information on the results of the measures adopted for the coordination of vocational training and education policies with prospective employment opportunities. Please also indicate the results of INFOTEP activities in terms of the vocational integration of the beneficiaries of its programmes.

Vulnerable groups. The Government refers to the pamphlets, programme documents and projects of the Ministry of Labour to facilitate the labour market integration of young people. In July 2014, the General Directorate of Employment launched an entrepreneurship course for small and micro-enterprises intended for persons with disabilities. The course has been designed for young unemployed persons between the ages of 18 and 35 so that they can develop their own business plans. The Government adds that it is implementing a course for women heads of households. The Committee requests the Government to provide an evaluation of the results achieved in terms of labour market integration by the measures implemented for young people, women and workers in the poorest sectors, in both the informal economy and the rural sector. Please also indicate the measures adopted to prevent abuses in the hiring of foreign workers in the country and of national workers who emigrate to find employment opportunities abroad.

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

Articles 1 and 2 of the Convention. Active policy designed to promote full, productive and freely chosen employment. The Committee notes the report received in August 2011, which contains replies to some of the issues raised in previous comments and includes a technical document produced at the request of the Ministry of Labour, “Guidelines for an employment policy in the Dominican Republic”, published in March 2011. The Government indicates that, in the course of 2010, the National Employment Committee met on four occasions. In December 2010, a tripartite workshop was held, with ILO assistance, to study and enhance the proposed guidelines for employment policy in the framework of the National Development Strategy. The first course of action proposed for employment policy is to ensure proper coordination between macroeconomic policies and labour policies. The Committee further notes that the National Development Strategy 2030 (promulgated by Act No. 1-12 in January 2012) includes, among the five-year goals of the Second Strategic Axis, reducing the unemployment rate of persons aged 15 years and over, narrowing the regional gap in the unemployment rate and increasing the percentage of persons aged 15 years and over employed in the formal sector. The Committee invites the Government to indicate in its next report how it plans to formulate a national employment policy with the participation of the social partners, as required by Articles 1 and 3 of the Convention. The Committee would be grateful if the Government would include in its next report the official documents adopted which set out the active employment policy designed to give effect to the Convention.

Compilation and use of employment data. The Committee takes note of the statistics and the publications of the Dominican Labour Market Observatory. In the second half of 2010, the unemployment rate was an estimated 14.13 per cent, reflecting a 0.75 per cent reduction as compared to 2009. The Committee reiterates the importance of compiling and analysing updated statistical data and trends, as a basis for employment decision-making. The Committee invites the Government to include in its next report up-to-date statistical information on the numbers and distribution of the workforce and the nature and extent of unemployment, the generation of statistics being an essential step in the pursuit of an active employment policy within the meaning of the Convention.

Vulnerable groups. The Committee notes that at the end of 2010 the economically active population consisted of 39.18 per cent of women and 60.82 per cent of men. The highest unemployment rates are found among younger workers of both sexes, women and persons whose education ended at secondary level. The Government indicates in its report that in the period 2003–10, 55,003 young persons, including 32,573 women, benefited from the Youth and Employment Programme. The Committee notes that the courses of action set forth in the National Development Strategy include creating mechanisms to facilitate women’s integration in the labour market (2.3.1.6), strengthen programmes to facilitate the integration of young people in the labour market (2.3.4.12) and developing higher technical institutes to facilitate the integration of young people and women in the labour market (3.3.3.6). The Committee invites the Government to include detailed information in its next report on the measures taken to step up the programmes to facilitate the integration of young people and women in the labour market and the results obtained. Furthermore, the Committee again asks the Government to report in detail on the situation, level and trends of employment, unemployment and underemployment, indicating how they affect the most vulnerable groups (women, young people, poorer sectors of the population, rural workers and workers in the informal economy).

Migrant workers. In its report the Government refers to a draft resolution to update Resolution No. 41-2004 of 28 July 2004, in order to incorporate the new approaches developed by the ILO in the activities of private and public non-profit-making employment agencies. The Committee invites the Government to indicate in its next report the manner in which new measures have been adopted, as part of an active employment policy, in order to prevent abuse in the hiring of foreign workers and workers emigrating to seek employment opportunities abroad.

Coordination of training policies and employment policies. The Committee notes the information supplied by the Government on the Youth and Employment programme implemented by the National Institute for Technical Vocational Training (INFOTEP). The programme provides training for young people in INFOTEP centres with a view to placing them in the world of work. In 2011, the Ministry of Labour conducted 350 courses with INFOTEP, which were attended by 6,000 young people. Furthermore, the specific objectives laid down in the Guidelines include consolidation of the System of Vocational and Continuous Training for Work in order to support the production sector in its value-enhancement process, facilitate labour market integration and develop entrepreneurial capacity. The Committee again requests the Government to include detailed information in its next report on the measures taken to coordinate education and vocational training policy with the search for employment opportunities, including a summary of the results obtained by the INFOTEP programmes.

Small and medium-sized enterprises. The Committee again asks the Government to provide information in its next report on the impact of Act No. 488-08 of December 2008, establishing a system for regulating the development and competitiveness of micro, small and medium-sized enterprises with a view to creating quality jobs and reducing poverty.

Article 3. Participation of the social partners. The Committee notes that the technical document of March 2011 states that the implementation of employment policy will be based on dialogue between the social partners as a means of generating social consensus. The objective of the policy will be to create ongoing dialogue between the business, education, government and municipal sectors, among others, concerning the problem of employment. The Committee again asks the Government to provide detailed information in its next report on the consultations held to design and pursue an active employment policy. It again asks the Government to provide information on consultations held with representatives “of the persons affected by the measures to be taken” in other sectors of the economically active population such as those working in the rural sector and the informal economy.

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

With reference to its previous comments, the Committee notes the information supplied by the Government in the reports received in July and November 2009. Moreover, the Government sent a report containing statistical information relating to the period ending October 2010. In comments sent to the Government in September 2010, the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD) state that an employment policy does not exist as such but forms part of other policies formulated and implemented by the Government in the production, fiscal and social spheres.

Articles 1 and 2 of the Convention. Active policy designed to promote full, productive and freely chosen employment. The Government indicates in the report received in November 2009 that the Dominican Republic economy achieved average annual real GDP growth in excess of 6 per cent between 1991 and 2000. A local financial crisis occurred in 2003 as a result of the bankruptcy of three banks. After 2005, growth in GDP was restored until the impact of the global financial crisis made itself felt. The Government also indicates that the rate of employment lagged behind the dynamic growth in GDP. During the
2000–08 period, the average annual growth rate in employment was 2.4 per cent, with the creation of 569,000 new jobs. The Government regrets that most people are occupied in precarious work and have few or no qualifications – some 1.4 million persons consider themselves as non-professional self-employed workers. In addition, in the report received in July 2009, the Government indicated that, by means of Decree No. 340/09 of April 2009, the National Employment Commission (CNE), made up of an inter-governmental technical team, was revived. The trade union organizations mentioned above point out that the CNE has not held any meetings since May 2010. The Committee understands that an Employment Plan 2009–10 is being drawn up. The Committee refers to paragraph 785 of the 2010 General Survey concerning employment instruments, which states that there are three fundamental steps to achieving full, productive and freely chosen employment. The first is to make a political commitment to achieve full employment. The Committee observes that Article 2 of Convention No. 122 states that member States shall establish a clearly defined framework for coordinating economic and social policies. The Committee therefore again requests the Government to indicate the manner in which an active policy designed to promote full, productive and freely chosen employment has been formulated. The Committee hopes that the next report will include up-to-date statistical information on the size and distribution of the labour force and the nature and extent of unemployment as a key component in the implementation of an active employment policy within the meaning of the Convention.

Article 3. Measures for tackling the crisis. Participation of the social partners. In the report received in October 2010, the Government indicates that the global economic crisis had an impact on the economy, with the GDP growth rate decreasing from 5.3 per cent in 2008 to 3.5 per cent in 2009 and the Dominican Republic peso having been devalued by 2.2 per cent. The Government refers briefly to the stimulus measures adopted in the area of taxation. The Committee notes the meetings of the Social and Employment Policy Round Table held in January and February 2009, in the context of the “Summit on national unity in the face of the global economic crisis”. In order to overcome the global financial crisis, the social actors and other parties involved discussed and formulated proposals mainly intended to promote employment, support micro-, small and medium-sized enterprises, promote entrepreneurs and create new enterprises. The Committee underlines the importance of ongoing and genuine tripartite consultations for confronting and alleviating the effects of the global economic crisis (paragraph 788, 2010 General Survey). The Committee again requests the Government to supply detailed information in its next report on the consultations held with respect to formulating and implementing an active employment policy. The Committee also requests the Government to supply information on the consultations held with representatives of the persons affected by the measures to be taken in other sectors of the active population, such as rural workers and workers in the informal economy.

Articles 1(3) and 2. Coordinated economic and social policy. The Committee notes that the State Secretariat for Economics, Planning and Development, with the collaboration of the National Council for State Reform, has drawn up a proposal for the “National Development Strategy 2010–30”. The third component of the strategy proposes an articulated, innovative and sustainable economy which has a productive structure generating substantial sustained growth with decent employment and plays a competitive role in the global economy. One of the general objectives within this third component consists of reorienting the economic structure in such a way as to be more conducive to the creation of decent jobs in sufficient numbers. The Committee requests the Government to supply information in its next report on the manner in which the objective of creating decent work has been reflected in the formulation of economic and social policy. The Committee also requests the Government to indicate the manner in which the National Development Strategy has been coordinated with a national employment plan.

Compilation and use of labour market information. The Committee notes the indication in the Government’s report received in July 2009 that a first edition of the Dominican Republic Labour Overview has been drafted. The report states that an observatory has been set up to monitor the behaviour of general labour market indicators, general characteristics of the economy, population trends and other important aspects such as technical and vocational training and social security for the workforce. The Committee requests the Government to provide information in its next report on the labour market as compiled by the labour market observatory in the Dominican Republic.

Vulnerable groups. The data on the labour market supplied by the Government in the report received in October 2010 indicate that the unemployment rate remained at 14.9 per cent of the population, while still showing a sharper increase for young persons and still remaining higher for women than for men. The Government recognizes that informal occupation remains high, with 57 per cent of people working in the informal economy. The Committee highlights the fact that the specific lines of action of the second component of the National Development Strategy include seeking to raise human and social capital, increasing economic opportunities for people living in poverty, and strengthening the labour training system in order to facilitate access to productive work for persons living in poverty. The Committee hopes that the next report will include information on the measures taken to strengthen programmes designed to facilitate the access of young persons and women to the employment market and on the results achieved through those measures. The Committee requests the Government to report in detail on the situation, level and trends of employment, unemployment and underemployment, indicating the extent to which they affect the most vulnerable sections of the population (women, young persons, persons living in poverty, rural workers and those working in the informal sector).

Migrant workers. The Committee observes that one of the specific objectives of the second component of the National Development Strategy is to restructure and modernize the legal and institutional framework in order to strengthen the system for the management and control of migratory flows, in line with the best international practices and respecting the rights of the migrant population. The Committee requests the Government to provide information on the measures taken in the context of an active employment policy to prevent abuses in the hiring of foreign workers and of those who leave the country to seek employment opportunities abroad.

Coordination of training policies with employment policies. The Committee observes that the National Development Strategy provides for the consolidation of a high-quality higher education system and a system of further training in order to facilitate entry into the employment market, develop entrepreneurial capacities and increase the productivity of the population. The Committee again requests the Government to include detailed information in its next report on the measures taken to coordinate education and vocational training policies with prospective employment opportunities, including a summary of the results achieved by the National Institute of Technical and Vocational Training (INFOTEP).

Small and medium-sized enterprises. The Committee notes the promulgation of Act No. 488-08 of December 2008 establishing a regulatory regime for the development and competitiveness of micro-, small and medium-sized enterprises. The Committee recalls that the 2010 General Survey also underlined the central role played by micro-, small and medium-sized enterprises in reducing poverty through job creation, in accordance with the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189). The Committee requests the Government to include information in its next report on the impact of Act No. 488-08 on the creation of high-quality employment and the reduction of poverty.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

1. In its direct request of 2006, the Committee requested the Government to prepare a report containing detailed replies to all the points that had been raised, and reminded the Government that the drawing up of a report would enable the Government and the social partners to evaluate the way in which the objective of full productive employment established by the Convention could be achieved. The Committee observes that the report received in August 2007 only contains brief replies which do not allow an examination of the way in which this priority Convention is being applied.

2. Articles 1 and 2 of the Convention. Declaration of an active employment policy. The Government indicates that plans were laid between October 2004 and September 2007 for a new active employment policy, creating 345,777 new jobs, with 59,141 jobs created between October 2006 and April 2007. In its previous report, the Government mentioned two poverty reduction programmes (“Food First” and “Solidarity”), under the responsibility of the President of the Republic. According to data published by the ILO in Labour Overview 2007, the urban unemployment rate was still at 16.2 per cent in 2006, with the unemployed population comprised of 9.2 per cent men and 28.8 per cent women, and also nearly 32 per cent for young persons between 15 and 24 years of age. The Committee emphasizes the central role to be played by employment policy in economic, social and development policies for generating employment and reducing poverty. The Committee therefore requests the Government to provide detailed information in its next report on the way in which an active policy designed to promote full, productive and freely chosen employment has been formulated. The Committee would like to analyse the results achieved in terms of the creation of lasting employment and the reduction of underemployment in the framework of a national employment policy. The Committee requests the Government to include up to date statistical data on the size and distribution of the workforce, and the nature and extent of unemployment, as an essential basic stage in the implementation of an active employment policy within the meaning of the Convention.

3. The Government indicates in its report that the Government Council has implemented an action plan for the active creation of jobs and increased productivity. The aim of the plan is to create 400,000 new jobs. The Committee therefore requests the Government once again to include in its next report a summary of the abovementioned action plan and of other programmes containing specific arrangements which are components of an active employment policy, in accordance with Article 1 of the Convention. The Committee requests information which will enable it to ascertain whether particular difficulties have been encountered in attaining the employment objectives established in the Government’s plans and programmes and the extent to which such difficulties have been overcome.

4. Article 1, paragraph 3, and Article 2. Coordination of employment policy with economic and social policy. In its report, the Government mentions the courses offered by the National Employment Service in 2007. It also refers to the holding of a workshop on national employment policy for young persons and women. The Committee requests the Government to provide further details of the way in which adequate coordination is established between the Secretariat of State for Labour, the Central Bank, the Ministry of Finance and the National Planning Office with a view to formulating and applying an active employment policy. In this regard, the Committee reiterates its interest in being informed of the manner in which employment objectives were taken into account when formulating the Government’s other economic and social objectives.

5. Article 3. Participation of the social partners in the formulation and application of policies. In the report received in August 2007, the Government refers to previous information. The Committee requests the Government to provide detailed information on the consultations held in the Labour Advisory Council on the formulation and implementation of an active employment policy. Please also provide information on the consultations held with representatives “of the persons affected by the measures to be taken” in other sectors of the active population, such as rural workers and workers in the informal economy.

6. Employment promotion for young persons and women. The Committee requests the Government to include in its next report quantitative evaluations of the creation of productive employment as a result of the measures taken by the Government in favour of young persons and women. Please also include statistical data on the situation, level and trends of employment, unemployment and underemployment, indicating the manner in which they affect particular categories of workers in the Dominican Republic who experience difficulties in finding lasting employment, such as women and young persons.

7. Migrant workers. The Committee requests the Government to provide information on the measures taken in the context of an active employment policy to prevent abuses in the hiring of foreign workers and of those who leave the country to seek employment opportunities abroad.

8. Coordination of education and training policy with employment opportunities. The Committee requests the Government to provide information on the measures taken to coordinate education and vocational training policies with prospective employment opportunities. Please indicate the results achieved in terms of the placement in employment of beneficiaries of the activities of the National Institute of Technical and Vocational Training (INFOTEP).

9. Part V of the report form. ILO technical cooperation. The Government states in its report that the ILO Subregional Office has presented a plan of action. In its previous comments, the Committee referred to the Tripartite Declaration on the promotion of employment and decent work in Central America and the Dominican Republic, concluded by the Ministers of Labour and representatives of employers’ and workers’ organizations in Tegucigalpa in June 2005. In the Tripartite Declaration, among other significant policies, it was agreed to place the objective of the creation of worthwhile, sustainable and high-quality jobs, in accordance with the parameters of the ILO, at the centre of macroeconomic policy, with efforts being focused not only on controlling inflation and the fiscal deficit but also, and with equal priority, on the promotion of investment and equitable growth. The Committee requests the Government to supply information in its next report on initiatives that have been taken with ILO support to promote, in the context of the Decent Work Country Programme, the objective of the creation of productive employment as set out in the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Declaration of an active employment policy. The Committee notes the information provided in the Government’s report of October 2005. The Government adds to its report the study undertaken in 2002 by the ILO and the report of the project for the institutional strengthening of the Secretariat of State for Labour carried out in 2005 with the support of the Inter-American Development Bank. In its 2004 direct request, the Committee referred to the study undertaken by the ILO on “problems and challenges for an employment and decent work policy” in the Dominican Republic. The Government refers to two poverty reduction programmes (“Food first” and “Solidarity”), under the responsibility of the President of the Republic. The Committee notes with concern that, according to ILO information in Panorama laboral 2005, the open urban unemployment rate reached 18.4 per cent in 2004, which is one of the highest unemployment rates in Latin America. The informal economy has become a last resort for the unemployed and those on low incomes, which has prevented an even greater increase in unemployment. It also notes the very broad gap between the income of the poorest and the richest households. Taking into account the central role that employment policy should play in economic and social policies, and of development policy in generating employment and reducing poverty, the Committee requests the Government to indicate in its next report the manner in which an active policy designed to promote full, productive and freely chosen employment has been formulated. The Committee would also be grateful to be provided with information on the results achieved in terms of the creation of lasting employment and the reduction of underemployment in the framework of a national employment policy. The Committee requests the Government to provide up to date statistical data on the size and distribution of the workforce, the nature and extent of underemployment, as an essential basic stage in the implementation of an active employment policy within the meaning of the Convention (Articles 1 and 2 of the Convention).

2. In its previous direct request, the Committee requested the Government to include in its report a summary of the development plans and programmes which contain specific provisions establishing an active employment policy, within the meaning of Article 1 of the Convention. The Committee once again expresses interest in examining information enabling it to ascertain whether particular difficulties have been encountered in attaining the employment objectives established in government plans and programmes and the extent to which such difficulties have been overcome.

3. Coordination of employment policy with economic and social policy. The Government indicates that all the Secretariats of State which are directly involved with employment policy have been associated in its implementation and the identification of direct sources of employment. The Committee would be grateful to be provided with further information on the coordination established between the Secretariat of State for Labour, the Central Bank, the Ministry of Finance and the National Planning Office with a view to declaring and pursuing an active employment policy. In this respect, the Committee reiterates its interest in being informed of the manner in which employment objectives were taken into account when formulating the Government’s other economic and social objectives (Article 1, paragraph 3, and Article 2).

4. Participation of the social partners in the formulation and application of policies. The Government indicates that two formal consultation procedures have been established through the COPARDOM and the National Council of Trade Union Unity. Furthermore, the employment policy is consolidated through the meetings of the Labour Advisory Council. The Committee requests the Government to provide fuller information on the consultations held in the Labour Advisory Council on the formulation and implementation of an active employment policy. Please also provide information on the consultations held with representatives “of the persons affected by the measures to be taken” in other sectors of the active population, such as rural workers and workers in the informal economy (Article 3).

5. Employment promotion for young persons and women. The Committee notes the information provided by the Government on the initiatives adopted to promote employment for young persons and women. The Committee reiterates its interest in being informed of quantitative evaluations of the creation of productive employment as a result of the measures taken by the Government. Please also include statistical data on the situation, level and trends of employment, unemployment and underemployment, with an indication of the manner in which they affect particular categories of workers in the Dominican Republic who experience difficulties in finding lasting employment, such as women and young persons.

6. Migrant workers. The Government indicates that foreign nationals have been found work in the construction, tourism and services sectors. It is reported that 1,302 Dominican nationals have benefited from the agreement concluded with Spain on the regulation and structuring of labour migrant flows. The Committee notes that almost 700,000 migrant workers from the Dominican Republic are in the United States. Remittances from migrant workers account for between 10 and 20 per cent of the country’s GDP. The Committee requests the Government to provide information on the measures adopted in the framework of an active employment policy to prevent abuses in the hiring of foreign workers and of those who leave the country to seek employment opportunities abroad.

7. The Government refers in its report to the implementation of training activities for young persons, in which an appropriate gender balance is sought. The Committee requests the Government to provide more detailed information on the measures adopted to coordinate education and vocational training policies with prospective employment opportunities. Please indicate the results achieved in terms of the placement in employment of beneficiaries of the activities of the National Institute of Technical-Vocational Training (INFOTEP).

8. ILO technical cooperation. The Committee notes the Tripartite Declaration on the promotion of employment and decent work in Central America and the Dominican Republic, concluded by the Ministers of Labour and representatives of employers’ and workers’ organizations in Tegucigalpa in June 2005. In the Tripartite Declaration, among other significant policies, it was agreed to place the objective of the creation of worthwhile, sustainable and high-quality jobs, in accordance with ILO parameters, at the centre of macroeconomic policy, with efforts being focused not only on controlling inflation and the fiscal deficit but also, and with equal priority, on the promotion of investment and equitable growth. The Committee would be grateful if the Government would provide information in its next report on initiatives that have been taken with ILO support to promote, at both the national and subregional levels, the objective of the creation of productive employment as set out in the Convention (Part V of the report form).

9. The Committee requests the Government to prepare a report containing detailed replies to all the matters raised in this direct request. The Committee recalls that the preparation of a report provides the Government and the social partners with an opportunity to evaluate the manner in which the objective of full and productive employment established by the Convention is to be achieved. The Government may consider it useful to refer to the 2004 General Survey on promoting employment and to the provisions of the Human Resources Development Recommendation, 2004 (No. 195).

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

1. Declaration of an active employment policy. The Committee notes the Government’s first report on the application of the Convention, received in September 2003, referring to certain provisions of the Labour Code and indicating that the State implements economic growth and development policies intended to promote productive employment. The Committee notes the assistance provided by the Office with regard to the formulation of employment policies, and particularly the holding in December 2002 of a tripartite workshop on employment policy options in the Dominican Republic. In this regard, the Committee would be grateful if the Government would indicate in its next report the manner in which an active policy to promote full, productive and freely chosen employment has been formulated. Please also indicate whether action has been taken as a result of the technical assistance provided by the ILO in this field (Article 1, paragraph 1, of the Convention).

2. The Committee would be grateful if the Government would include in its report a summary of the development plans and programmes which contain specific provisions envisaging an active employment policy, within the meaning of Article 1 of the Convention. Please state whether special difficulties have been encountered in attaining the employment objectives set out in the plans and programmes and indicate how far these difficulties have been overcome.

3. Coordination of the employment policy with economic and social policy. The Government states that the General Directorate of Employment is a titular member of the National Planning Committee for the Vocational Education System (COMPLAN), the objective of which is to examine the progress made by the Secretariat of State for Labour in combating unemployment. The Committee would be grateful if the Government would indicate in its next report the coordination established between the Secretariat of State for Labour, the Central Bank, the Ministry of Finance and the National Planning Bureau for the declaration and perusal of an active employment policy. In this respect, the Committee would be grateful to be informed of the manner in which employment policy objectives have been taken into account when establishing the other economic and social objectives of Government policies (Article 1, paragraph 3, and Article 2).

4. Participation of the social partners in the formulation and application of policies. The Government states that it is its prerogative to hold consultations on any matter related to employment policy with the representatives of employers and workers. The Committee requests the Government to provide information on the outcome of the consultations held, and particularly on the manner in which the full cooperation of the representatives of employers and workers is sought for the formulation and implementation of employment policy. Please also provide information on the consultations held with representatives "of the persons affected by the measures to be taken" of other sectors of the economically active population, such as those working in the rural sector and the informal economy (Article 3).

5. Please indicate whether formal consultative procedures have been established for the matters covered by the Convention.

6. The Committee notes that a large part of the population is under the poverty line, particularly in rural areas. The Committee trusts that in its next report the Government will also be able to indicate the manner in which employment policy measures contribute, in consultation with the representatives of the persons affected, to combating poverty.

7. The Committee would be grateful if the Government would provide information in its next report on overall and sectoral development policies, the development of infrastructure and industrial development, including quantitative evaluations of the productive employment created as a result of the measures taken by the Government. Please also include statistical data on the situation, level and trends of employment, underemployment and unemployment and the extent to which they affect specific categories of workers who often encounter difficulties in finding lasting employment, such as woman, young persons, foreign workers seeking work in the Dominican Republic and those emigrating from the country in search of employment opportunities abroad.

8. In this respect, the Committee requests the Government to provide information in its next report on the following points:

-  education and vocational training policies - indicating the measures adopted to coordinate vocational education and training policies with prospective employment opportunities: in this regard, the Committee would be grateful to be provided with information on the results achieved in relation to the vocational integration of beneficiaries of the activities of the National Institute of Technical - Vocational Training (INFOTEP) and the programmes referred to by the Government in its report ("Youth and Employment" Vocational Training and Modernization Programme, Dominican Vocational Training Plan);

-  the manner in which employment creation is promoted through small and medium-sized enterprises;

-  the measures adopted for the creation of employment in the rural sector; and

-  the manner in which free trade zones contribute to the creation of productive and lasting employment.

9. The Committee requests the Government, when preparing its next report on the application of the Convention, to also take into account the matters raised in the 1995 observation on the application of the Employment Service Convention, 1948 (No. 88), and the evaluation of policies for the labour market integration with persons with disabilities (Convention No. 159). The preparation of a detailed report containing replies to the matters raised in this direct request will undoubtedly provide an opportunity for the Government and the social partners to evaluate the manner in which the objective of full and productive employment set out in the Convention is being achieved. The Government may consider it useful to refer to the General Survey of 2004 on promoting employment and the provisions of the Human Resources Development Recommendation, 2004 (No. 195).