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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Dominican Republic (Ratification: 1953)

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The Committee notes the observations of the Ibero-American Confederation of Labour Inspectors (CIIT) received on 5 June 2023, in which it denounces relocations of trade unionists from the Labour Inspectors’ Association of the Dominican Republic and indicates that the anti-union acts examined by the Committee on Freedom of Association in Case No. 3071 concerning members of the Association continue to take place despite the Committee’s recommendations (Report No. 375, June 2015).TheCommittee requests the Government to send its comments in this respect, and on the joint observations sent by the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD) in 2018, 2019 and 2020, which denounce repeated acts of anti-union discrimination.

In its previous comment, the Committee noted the observations of the CNUS, CASC and CNTD regarding the lack of effectiveness of the Round Table established in 2016 to ensure compliance with international labour standards. The Committee notes with interest that the Round Table was reactivated by an agreement signed on 25 October 2023. The Committee expects that the matters addressed in this observation will be taken into account in the discussions within the Round Table.

Application of the Convention in the private sector

Articles 1, 2 and 4 of the Convention. Effective protection against acts of anti-union discrimination. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to adopt procedural and substantive reforms to enable the effective and rapid application of penalties as a deterrent against anti-union acts and to provide detailed statistics concerning judicial proceedings in this regard. The Committee also drew the Government’s attention to the need to amend sections 109 and 110 of the Labour Code to allow collective bargaining without requiring the representation of an absolute majority of workers in order to engage in collective bargaining. The Committee notes the Government’s indication that it is in the process of revising the Labour Code and that it has prioritized the inclusion of content aimed at facilitating the application of the Convention. The Government emphasizes that the Committee’s comments have been taken into account and discussed in the preparatory work for the Labour Code reform and that the Committee for reviewing and updating the Labour Code will continue to meet regularly until the revision is completed. The Committee firmly hopes that, through effective social dialogue, the new Labour Code will be adopted in the very near future, and that, taking into account the Committee’s comments, these legislative amendments will be in full conformity with the Convention. The Committee requests the Government to report on any developments in this regard and once again requests the Government to send the detailed statistics on anti-union discrimination mentioned in its previous comment.

Application of the Convention in the public service.

Articles 1, 2, 4 and 6. Protection of public servants not engaged in the administration of the State against acts of anti-union discrimination and interference.Right to collective bargaining. Noting that Act No. 41-08 on the public service only covered a union’s founders and a number of its leaders, the Committee requested the Government to take the necessary steps to ensure that public servants not engaged in the administration of the State fully enjoyed specific protection against acts of interference from their employer, providing for sufficient dissuasive penalties against acts of discrimination and interference. The Committee also noted that there was no reference to the right to collective bargaining in Act No. 41-08 or its implementing regulations. The Committee notes with regret the absence of information in this respect. The Committee reiterates its previous requests and strongly hopes that the Government will take the requested measures. The Committee requests the Government to report on any developments in this regard.

The Committee recalls that the Government may avail itself of ILO technical assistance if it so wishes.

The Committee is raising other matters in a request addressed directly to the Government.