Allegations: Anti-union acts and dismissals in the enterprises “Frito Lay Dominicana”, “Universal Aloe” and “MERCASID”, as well as the refusal to register various trade unions
- 291. The Committee last examined this case at its March 2012 meeting when it presented an interim report to the Governing Body [see 363rd Report, paras 487–508, approved by the Governing Body at its 310th Session (March 2012)].
- 292. Since there has been no reply from the Government, the Committee has been obliged to postpone its examination of the case. At its March 2013 meeting [see 367th Report, para. 5], the Committee made an urgent appeal and drew the attention of the Government to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, the Committee may present a report on the substance of this case even if the observations or information requested from the Government have not been received in due time. To date, the Government has not sent any information.
- 293. The Dominican Republic has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
A. Previous examination of the case
A. Previous examination of the case- 294. At its March 2012 meeting, the Committee made the following recommendations [see 363rd Report, para. 508]:
- (a) the Committee requests the Government to indicate whether self-employed workers and contract workers may bargain collectively; and
- (b) the Committee requests the Government to provide additional information as regards the allegations of inspection flaws (absence of impartiality and failure to carry out inspections).
B. The Committee’s conclusions
B. The Committee’s conclusions- 295. The Committee regrets that, despite the time that has elapsed since the previous examination of the case, the Government has not provided the requested information, even though it has been requested to do so several times, including through an urgent appeal. The Committee urges the Government to be more cooperative in the future.
- 296. Under these circumstances and in accordance with the applicable procedure [see 127th Report, para. 17, approved by the Governing Body at its 184th Session], the Committee finds itself obliged to present a report on the substance of the case without being able to take into account the information it had hoped to receive from the Government.
- 297. The Committee reminds the Government that the purpose of the whole procedure is to ensure respect for trade union freedoms both in law and in practice; this Committee is therefore convinced that while this procedure protects governments against unreasonable accusations, governments, on their side, must recognize the importance of formulating, for objective examination, detailed and accurate replies on the substance of the allegations made against them [see First Report of the Committee, para. 31].
- 298. Under these circumstances, the Committee reiterates its previous conclusions and recommendations, urges the Government to send the requested information and draws the legislative aspects of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
The Committee’s recommendations
The Committee’s recommendations- 299. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
- (a) The Committee regrets that the Government has not provided the information requested in March 2012 on the matters still pending and requests the Government to be more cooperative in the future.
- (b) The Committee once again urges the Government to indicate without delay whether self-employed workers and contract workers may bargain collectively, and draws this aspect of the case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
- (c) As regards the alleged anti-union practices in the enterprises “Frito Lay Dominicana”, “Universal Aloe” and “MERCASID”, the Committee urges the Government to provide additional information, in particular regarding the allegations of inspection flaws (absence of impartiality and failure to carry out inspections).
