Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - République dominicaine (Ratification: 1956)

For a number of years, the Committee has been asking the Government to take the necessary measures to amend the following legislative provisions which are not in conformity with Articles 2, 3 and 5 of the Convention:

• – section 84(I) of the Regulations adopted under the Civil Service and Administrative Careers Act (Decree No. 523-09), which maintains the requirement to affiliate at least 40 per cent of the total number of employees enjoying the right to organize in the institution concerned, in order to be able to establish an organization of civil servants;
• – section 407(3) of the Labour Code, which requires a majority of 51 per cent of workers’ votes in the enterprise in order to call a strike; and
• – section 383 of the Labour Code, which requires federations to obtain the votes of two-thirds of their members to be able to establish confederations.

The Committee notes the Government’s statement that it has shown interest in the subject of reform of the Labour Code, the issue currently being on the agenda of the subcommittee of the Labour Advisory Council. The Committee requests the Government to supply information in its next report on any progress made in this regard and trusts that, in the context of the reform, account will be taken of its comments, including those regarding the Civil Service and Administrative Careers Act.

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