Interim Report - Report No 286, March 1993

Case No 1658 (Dominican Republic) - Complaint date: 02-JUL-92 - Closed

1. 729. The Single Confederation of Workers (CTU) lodged this complaint in a communication dated 2 July 1992. The Government sent its observations in a communication dated 5 October 1992.
2. 730. The Dominican Republic has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 731. In its communication of 2 July 1992, the CTU alleges that more than 200 trade union leaders and members were dismissed in June 1992 from the following enterprises: Industrias del Mufler and Creaciones Exclusivas, both in the city of Santo Domingo; Jhin Own; Adoro; Cariflo Manufacturing; and Gualmana, all in the Romana export processing zone.
2. 732. The complainant organization also alleges that Importacíon y Exportacíon C.Vor A. (in the Santiago export processing zone) dismissed 21 trade union leaders (Damasa Ventura, Juan F. Tavarez, María González, Magalis Gil, Felicia Figueroa, Eugenia Pérez, Iris Moronta, Daniel Nuñez, Miriam Pérez, Germán Arias, Digna Martinez, Angela López, María Salvador, Martina Inoa, Cayetano Morel, Leonardo Espinal, Mario Dominguez, María Almanzar, María A. Serrano, Dany Lora and Freddy Acosta). The CTU includes as an annex a "blacklist" which the enterprise's Personnel Department drew up and sent to the other enterprises in the export processing zone, with the names of the 21 trade union leaders and the numbers of their identity documents. The text of the "blacklist" accuses them of having established trade unions and warns the enterprises against hiring them.

B. The Government's reply

1. 733. In its communication of 5 October 1992 the Government states that all the dismissals mentioned by the complainant organization took place before 18 June 1992, when the new Labour Code came into force. The Government explains that the new law establishes trade union immunity and sets up the machinery necessary to ensure the employment stability of trade union leaders. The former Code permitted the employer to dismiss employees without just cause.
2. 734. Finally, the Government reports that in the case of Importación y Exportación C.Vor A. (in the Santiago export processing zone), the Labour Inspectorate secured evidence of a violation of freedom of association, viz. the "blacklist" that was drawn up. As a consequence, the Ministry of Labour brought a case before the penal courts, which is now being heard. In the other cases, the exercise by the employers of the right to dismiss workers without just cause if they pay indemnities deprives these workers of the right to take legal action. The employers would invoke this right to cover any violation of the law.

C. The Committee's conclusions

1. 735. The Committee takes note of the allegations concerning the dismissal of 21 trade union leaders (whose names are mentioned by the complainant) from "Importación y Exportación C.Vor A." (in the Santiago export processing zone) and the drawing up by the company's Personnel Department of a "blacklist" (appended by the complainant organization) with the names of the 21 trade union leaders and the numbers of their identity papers, allegedly sent to the other enterprises in the Santiago export processing zone, accusing the employees of establishing trade unions, with the aim of ensuring that the other enterprises would not hire them. In this respect, the Committee takes note of the reaction of the Ministry of Labour which, having learnt of these facts through the Labour Inspectorate, brought before the criminal courts a case which is now being heard. The Committee deeply disapproves of this type of anti-union practice on the part of the company and requests the Government to make sure that it does not recur, and to send the text of the judgement which will be handed down in this respect. Moreover, since Importación y Exportación C.Vor A. in the text of the "blacklist" expressly reproached the dismissed trade union leaders with having established trade unions, the Committee calls on the Government to take all necessary measures to ensure that the enterprise reinstates in their jobs these trade union leaders who were unjustly dismissed for carrying out legitimate trade union activities, and to keep it informed.
2. 736. As regards the allegations concerning the dismissals from Industrias del Mufler and from Creaciones Exclusivas - both in the city of Santo Domingo; Jhin Own; Adoro; Cariflo Manufacturing; and Gualmana, all in the Romana export processing zone - the Committee notes that according to the complainant organization over 200 trade union leaders and members were dismissed. The Committee observes, however, that the complainant has not given the names of those dismissed, nor has it explained the circumstances of the dismissals, and that the Government for its part has simply argued that the acts denounced by the complainant organization took place under the former Labour Code, which permitted dismissals without just cause. In these circumstances, the Committee does not have sufficient elements to formulate an opinion regarding the anti-trade union nature of these dismissals. None the less, the high number of dismissals (over 200) of trade union leaders and members mentioned in the allegations could be a serious indication that many may have been of an anti-trade union nature. The Committee therefore requests the Government to send detailed information on the cases of dismissals, indicating whether they took place in violation of trade union rights.
3. 737. The Committee expresses the hope that with the new Labour Code events such as those denounced in the present case will not recur.

The Committee's recommendations

1. 738. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee calls on the Government to take the necessary measures to ensure that Importación y Exportación C.Vor A. (in the Santiago export processing zone) reinstates in their jobs the 21 dismissed trade union leaders, who were furthermore included on a "blacklist" drawn up by the Personnel Department of that company and distributed in the Santiago export processing zone.
   • (b) As regards the "blacklist", the Committee deeply disapproves of this type of anti-union practice and requests the Government to make sure that it does not recur and to send the text of the judgement that will be handed down in this case.
   • (c) The Committee requests the Government to send detailed information on the allegations of dismissals of trade union leaders and members from Industrias del Mufler and Creaciones Exclusivas, Jhin Own, Adoro, Cariflo Manufacturing and Gualmana, indicating whether they took place in violation of trade union rights.
   • (d) The Committee expresses the hope that with the new Labour Code, events such as those denounced in the present case will not recur.