Texts of pending comments

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.

The Committee notes the observations of the National Confederation of Trade Union Unity (CNUS), the National Confederation of Dominican Workers (CNTD) and the Autonomous Confederation of Workers’ Unions (CASC), received on 1 September 2021.

Article 2(3) of the Convention. Completion of compulsory schooling. With reference to its previous comments, the Committee notes that, according to the National Multipurpose Household Survey (ENHOGAR MICS 2019), the net school attendance rate of boys and girls of primary school age was 96.9 per cent in 2019 for urban areas and 95.3 per cent for rural areas, while the school attendance rate for boys and girls of the age to go to the first cycle of secondary school (12 to 14 years of age) was 81.8 per cent in urban areas and 74.4 per cent in rural areas, which is an increase from previous years (in 2016, the rate was 66.5 per cent for girls and 57.7 per cent for boys). The Committee notes with interest that Order No. 2-2016 of the Ministry of Education, referred to in the Government’s report, establishes measures to facilitate coordination between families, education establishments and the National Council for Children and Young Persons (CONANI) to follow up school attendance. In accordance with section 18 of the Order, on the third consecutive day of unjustified absence by a student, the respective teacher must inform the CONANI of the absence in writing, and the CONANI will be responsible for investigating the situation. The Committee also notes that the Government has been implementing various programmes to promote access to secondary education, including the “Te quiero en Secundaria” (You are wanted in secondary school), intended for young persons who have dropped out of secondary school, with a view to promoting their reintegration as students based on an analysis of the causes of them dropping out. The Committee encourages the Government to continue taking measures to ensure compulsory schooling for all boys and girls up to the age of 14 years (primary school and the first cycle of secondary education), and requests it to continue providing updated statistical information on school registration, attendance and drop-out rates.

Article 3(1) and (2). Hazardous types of work. The Committee notes the Government’s indication that it is engaged in updating the list of hazard types of work for children, and in improving follow-up and monitoring information systems and awareness raising for enterprises and workers. The Committee observes that, according to the ENHOGAR MICS 2019, the percentage of persons between the ages of 5 and 17 years working under hazardous conditions was 5.1 in urban areas (16,042) and 7.5 per cent in rural areas (5,906). The Committee recalls that, in accordance with Article 3(2) of the Convention, the types of employment or work considered to be hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that these consultations could be held in the round table established in 2016 on matters relating to international labour standards. The Committee requests the Government to continue taking measures to prevent persons under 18 years of age from performing work considered to be hazardous and to report on progress in the adoption of the new list of hazardous types of work that is being prepared in consultation with the social partners. The Committee also requests the Government to indicate whether violations have been detected under Resolution No. 52/2004 on hazardous and unhealthy types of work prohibited for persons under 18 years of age and, if so, the penalties imposed.

Application of the Convention in practice and labour inspection. In reply to its previous comments, the Committee notes the Government’s indication that: (i) within the framework of the Roadmap to make the Dominican Republic a country free of child labour and the worst forms of child labour, round tables have been established to follow up the action to prevent and eradicate child labour, with the participation of the various institutions that are members of the National Steering Committee to Combat Child Labour; (ii) the Ministry of Labour has carried out awareness-raising campaigns on child labour for employers, workers, officials of the Ministry of Labour, actors in education and religious and community leaders; and (iii) plans are being made for the conclusion of an inter-institutional agreement between the Ministry of Labour and the Ministry of Education for the prevention and eradication of child labour.

However, the Committee also notes that, according to the ENHOGAR MICS 2019, the proportion of boys and girls between the ages of 5 and 17 years engaged in child labour was 3.8 per cent (4.6 per cent for boys and 3 per cent for girls), with the majority between the ages of 5 and 11 years. The Committee also notes the indication by the CNUS, CNTD and CASC that, although some action has been taken to contribute to addressing the issue of child labour, it is inadequate and would benefit from greater follow-up by the labour inspectorate and other social institutions. While noting the measures taken, the Committee requests the Government to take stronger action for the progressive and full elimination of child labour, including in the informal economy, and requests it to continue providing information on the measures adopted within the context of the Roadmap and their results. In this regard, the Committee requests the Government to report on the activities of the labour inspectorate in this connection (including information on the number and nature of the violations reported, the sectors concerned and the penalties imposed). Finally, it requests the Government to continue providing updated statistical data on the extent and trends of child labour in the country.

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 reply in this regard.

Articles 2 and 3 of the Convention. Implementation of the national policy. The Committee notes the information supplied by the Government on the measures taken to promote fulfilment of the 2 per cent quota for hiring persons with disabilities established for the private sector by Act No. 5-13 on disability. In this regard, the Government refers to the modification of the “integrated labour registration system” (SIRLA) in order to identify persons with disabilities who have been hired and to monitor compliance with the indicated quota. The Government also refers to the implementation of awareness-raising measures regarding disability and labour inclusivity for territorial employment offices (OTEs) and labour inspectors, and also to the advice given to enterprises by the National Council on Disability (CONADIS). The Committee also notes the initiatives to promote self-employment among persons with disabilities implemented by CONADIS in collaboration with various public institutions. In particular, the Government indicates that training has been given to persons with disabilities on the use of social networks as a platform for the sale of their products and on sales techniques, and “travelling bazaars” have been held in public institutions where their products are marketed. However, the Committee notes that the Government does not provide any statistical information or other specific information on the impact of Act No. 5-13 on the integration of persons with disabilities, including the quota system, and on the various programmes established to promote the employment of persons with disabilities.

With regard to accessibility, the Government indicates that, through the “national system for the evaluation of accessibility” (SINAC), enterprises can carry out evaluations of accessibility of their spaces and services, and the general public can rate the accessibility of spaces and services already registered in SINAC. As regards access to education and vocational training, CONADIS, in conjunction with the Institute for Vocational and Technical Training (INFOTEP) and various universities in the country, coordinates activities to ensure the inclusivity of offers in vocational and technical training and in higher education, and grants bursaries to students with disabilities to promote their participation in degree- and intermediate-level education. The Government also refers to the obligation to provide reasonable adjustments in educational centres and institutions established in Act No. 5-13 on disability. The Government further reports the adoption of measures to facilitate the access of persons with disabilities to public services, such as access to various social security benefits. Lastly, the Government describes the implementation of measures to raise awareness of discrimination against persons with disabilities, such as the Sello RD Incluye (Dominican Republic inclusivity seal) programme in collaboration with the United Nations Development Programme (UNDP). The objective of the programme is to promote and raise the profile of actions by public and private institutions, non-profit organizations and international organizations aimed at fostering full inclusion, development and the quality of life of persons with disabilities. The Government states that between 2017 and 2019 a total of 113 institutions in various spheres, including labour and education, were the recipients of this award. In this context, the Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122), in which it notes the implementation of the Escuela Taller (workshop as school) programme. This programme provides occupational training for young persons in situations of vulnerability, including young persons with disabilities. The Government indicates that between January and June 2021, a total of 92 young persons participated, of whom 22 had some kind of disability. With regard to the proposals made with respect to policies aimed at the comprehensive development of boys and girls with disabilities in the context of the Advisory Committee on Children and Young Persons, the Government indicates that it will provide information on this subject once the corresponding reports are concluded with the executive information. The Committee notes the observations of the workers’ confederations, which assert that although specific measures to promote the employment of persons with disabilities are being implemented, there is no comprehensive policy in this regard. In addition, they point out that there are still many public and private institutions which do not comply with the legislation concerning the rights of persons with disabilities or the recommendations of CONADIS owing to the lack of awareness-raising and education of society on the subject of disability. In light of the observations of the workers’ organizations, the Committee requests the Government to adopt and implement the necessary measures to formulate and implement a national policy on vocational rehabilitation and employment of persons with disabilities, as required by Article 2 of the Convention. The Committee once requests the Government to provide statistical information, disaggregated by age and sex, on the impact of Act No. 5-13 on the integration of persons with disabilities in employment, including the implementation of the quota system in the public and private sectors. The Committee also requests the Government to send detailed, up-to-date information on the nature and impact of the measures taken or contemplated to promote employment opportunities for persons with disabilities, including persons with mental or intellectual disabilities, in the open labour market, in both the public and private sectors. The Committee further requests the Government to provide statistical information on the participation of persons with disabilities in the labour market, disaggregated by sex, level of education and type of disability.

Article 5. Consultations with representative employers’ and workers’ organizations. The Committee notes that the Government reports on the holding of tripartite consultations as part of the process of preparation of the new National Employment Plan, which provides for the inclusion of a strategic policy approach for the labour integration of persons with disabilities. The Government also indicates that it is working in coordination with various sectoral committees in which representatives of civil society and of workers’ organizations participate with a view to improving the inclusion of persons with disabilities, particularly women with disabilities. However, the Committee notes that the Government does not provide any information on the functioning or the impact of the Tripartite Commission for Equal Opportunities and Non-Discrimination with respect to employment promotion for persons with disabilities and equal opportunities and treatment for men and women with disabilities. The Government also does not provide any information on the holding of consultations with organizations that represent persons with disabilities. The Committee requests the Government to provide detailed, up-to-date information on the content and result of the consultations held with the social partners and organizations representing persons with disabilities regarding the implementation of vocational guidance and employment promotion measures for persons with disabilities. The Committee also requests the Government to provide detailed, up-to-date information on the activities of the Tripartite Commission for Equal Opportunities and Non-Discrimination and their impact.

Article 8. Services in rural areas. The Committee notes the information provided by the Government on the measures taken by the Social Policy Coordination Office (GCPS) in collaboration with CONADIS to provide services in rural areas. These include labour and employment training programmes through community technological centres (CTCs) and training and production centres (CCPs) at the national level, and also measures to promote entrepreneurship at business centres located in universities throughout the country. The Committee also notes the initiatives by the GCPS to eliminate physical and attitudinal obstacles toward persons with disabilities at the level of the centres in the communities where they live with a view to facilitating access to formal employment. The Government also refers to the linkage of measures for awareness-raising, training for employment and labour integration by non-profit organizations in various communities, such as the Dominican Rehabilitation Association, the Circle of Women with Disabilities (CIMUDIS) and the Ibero-American Network of Organizations for Persons with Physical Disabilities. However, the Committee notes that the Government does not provide any information on the impact of such measures in practice. The Committee requests the Government to send detailed, up-to-date information on the nature and impact of the measures taken or envisaged to promote non-discrimination, accessibility, and the establishment and development of vocational rehabilitation and employment services for persons with disabilities, both in rural areas and in remote communities in the country.

Article 6 of the Convention. Programmes of action. The Committee notes the Government’s indication, in reply to its previous comments, that the objective of the No hay excusa (no excuses) campaign was to give visibility to the problem of the commercial sexual exploitation of children and also to provide a helpline for reporting this crime. For three months the campaign was disseminated through various platforms, media, enterprises and airports. The Committee also notes the Government’s indication that, in the context of the “National Strategic Plan for the elimination of the worst forms of child labour 2006–16”, the National Council for Children and Young Persons (CONANI), in coordination with the Ministry of Labour, proposed to guarantee the restoration of the rights of street children and young persons engaged in the worst forms of child labour. In this regard, CONANI is carrying out an evaluation to determine the family and school situation and physical and psychological health of child victims of the worst forms of child labour in order to take action to determine urgent support needs. Lastly, the Committee notes that, in the context of the Supérate programme (the Government’s main social action framework), a protocol for the care of orphaned children whose mothers were the victims of femicide was adopted in order to prevent these children from being exposed to the worst forms of child labour, particularly commercial sexual exploitation. As a result of the application of the protocol, 510 children and young persons who lost their mothers to femicide are receiving psychological support and personalized care. The Committee welcomes the measures adopted by the Government and requests it to continue sending information on the programmes of action implemented to eliminate the worst forms of child labour, and on their results. The Committee also requests the Government to clarify whether it is planned to adopt a new “National Strategic Plan for the elimination of the worst forms of child labour”.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. HIV/AIDS orphans. In reply to the Committee’s previous comments, the Government indicates that measures have been adopted to strengthen the capacity of families and communities to care for orphaned children. In this regard, a total of 15,002 families of persons living with HIV are registered in the Supérate programme for monetary transfers to families with limited resources, and some 28,000 families are registered in the National Health Insurance subsidy scheme. The Committee notes that, according to UNAIDS statistics, the number of HIV/AIDS orphans increased slightly from 40,000 in 2016 to 44,000 in 2022. The Committee requests the Government to continue sending information on the time-bound measures taken to protect HIV/AIDS orphans from being engaged in the worst forms of child labour, and on the results achieved in this respect.

2. Haitian migrant children. The Committee notes that the United Nations (UN) Special Rapporteur on the sale and sexual exploitation of children refers in the 2018 report on her visit to the Dominican Republic to the situation of unaccompanied migrant children of Haitian origin who are the victims of multiple forms of exploitation and who work as shoeshiners, street vendors, porters and window cleaners or who are used by adults for criminal activities or begging. The UN Special Rapporteur emphasizes that many of these children are obliged to give financial compensation to their traffickers and that fear and lack of protection prevent them from reporting the individuals who are exploiting them (A/HRC/37/60/Add.1, paragraphs 22 and 24). The Committee requests the Government to provide detailed information on the measures taken to protect migrant children of Haitian origin, particularly those who are undocumented, against the worst forms of child labour, including information on reception centres available for this purpose.

Article 8. International cooperation. The Committee notes that the Government continues to participate in meetings organized in the context of the Latin America and the Caribbean Regional Initiative, at which progress and experience on the prevention and elimination of child labour is shared by each State party.

Articles 3(a) and (b) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation, and penalties. The Committee notes the Government’s response, in reply to its previous comments, that in 2020 the Special Prosecutor’s Office against the Illicit Trafficking of Migrants and Human Trafficking reported 41 cases of commercial sexual exploitation of young persons under 18 years of age; and that between 2016 and 2020 a total of 239 cases of illicit human trafficking involving minors were recorded. Moreover, according to information on the official website of the Attorney-General’s Office, between May 2017 and March 2019 legal proceedings were opened in 139 cases relating to commercial sexual exploitation, illicit trafficking of migrants, child pornography and human trafficking. These cases involved 88 victims under 18 years of age, and convictions were handed down in 33 cases.

The Committee also notes that the United Nations (UN) Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material, observes in the 2018 report on her visit to the Dominican Republic that a significant proportion of foreign tourists come to the country for the purpose of sexual exploitation, including of girls, and that child sexual exploitation is especially concentrated in beach areas such as Bávaro, Boca Chica, Sosúa, Cabarete and Las Terrenas. The UN Special Rapporteur also highlights the fact that intermediaries who facilitate child sexual exploitation form part of a chain that includes pimps, taxi drivers, and owners of motels, night clubs and car-wash facilities, and that these criminal structures often operate with the complicity of the local authorities (A/HRC/37/60/Add.1, paragraphs 18 and 19). Taking account of the fact that the trafficking of children for commercial sexual exploitation has been an extensive problem in the country, particularly in the tourism sector, and that there has been a high degree of impunity in this sphere, the Committee notes with deep concern this information and also the low number of convictions in relation to the number of cases involving the trafficking and commercial sexual exploitation of minors.

Lastly, with regard to the revision of the Penal Code for the purpose of reinforcing the penalties for perpetrators of the sale and trafficking of children for commercial sexual exploitation, the Committee notes that the new draft Code has already been approved by the Chamber of Deputies and is being reviewed by a special committee of the Senate of the Republic.The Committee once again firmly urges the Government to take all necessary steps without delay to ensure that circumstances which constitute the sale and trafficking of children for exploitation are investigated and that the perpetrators are duly prosecuted and penalized. The Committee requests the Government to continue sending information on the application in practice of section 3 of Act No. 137-03 on the illicit trafficking of migrants and other persons which criminalizes the trafficking of children for commercial sexual exploitation, and sections 408–410 of the Code for the protection of the rights of children and young persons, which establish penalties for the commercial sexual exploitation of minors. Lastly, the Committee requests the Government to continue sending information on progress made with regard to the adoption of a new Penal Code.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Commercial sexual exploitation in the tourism industry. The Committee notes the Government’s indication, in reply to its previous comments, that the Central Tourism Police Department (POLITUR) has a “Programme for the protection of children and young persons” aimed at protecting children and young persons against all forms of violence, abuse, exploitation and trafficking, especially those that occur as a result of tourism-related activities. In order to achieve this objective, POLITUR coordinates its actions with the Public Prosecutor’s Office, the hotel sector and tourism clusters. The Committee also notes that the Ministry of Labour has established a committee to work on aspects of commercial sexual exploitation and other worst forms of child labour in coordination with the Attorney-General’s Office, the National Council for Children (CONANI), and other institutions that are part of the National Steering Committee to Combat Child Labour and the Inter-institutional Commission against the Abuse and Commercial Sexual Exploitation of Children. Within the above-mentioned committee, awareness-raising workshops have been held for members of tourism clusters throughout the country. In addition, the Ministry of Labour has established local, provincial and municipal steering committees in all provinces of the country, including in tourist areas, and also watchdog committees or units in municipalities and districts where there are no labour offices. The Committee notes that the UN Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material, observed in her 2018 report that the province of Puerto Plata is one of the main centres of child sexual exploitation in tourism and that the local authorities are overwhelmed by the problem without the support of the central authorities to prevent and combat it. The Special Rapporteur also expressed regret at the lack of real and effective involvement on the part of the Ministry of Tourism in combating child sexual exploitation in tourism (A/HRC/37/60/Add.1, paragraphs 20 and 61). The Committee requests the Government to intensify its efforts and continue to adopt effective time-bound measures to prevent the commercial sexual exploitation of children in the tourism industry, in coordination with central and local authorities and in collaboration with the various actors in the aforementioned industry (Ministry of Tourism, hotel sector and other tourism enterprises). The Committee also requests the Government to send information on this matter and also on the watchdog activities of POLITUR to protect children and young persons against commercial sexual exploitation in tourism-related activities.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Commercial sexual exploitation. Further to its previous comments on the number of child victims of commercial sexual exploitation who have received assistance and been removed from such exploitation, the Committee notes with regret that the Government has once again not provided information on this matter. Furthermore, the Committee observes that the UN Special Rapporteur on the sale and sexual exploitation of children noted with regret in her 2018 report the absence of accessible complaint mechanisms for child victims of violence, abuse and sexual exploitation (A/HRC/37/60/Add.1, paragraph 54). The Committee therefore requests the Government to take measures to ensure that child victims of commercial sexual exploitation, or their parents or tutors, can access complaint mechanisms rapidly, easily and free of charge, and can also access programmes for their rehabilitation and social reintegration. In this regard, it requests the Government to send up-to-date statistical information on the number of child victims of commercial sexual exploitation who have been identified, rescued and rehabilitated.

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

The Committee notes the joint observations of the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), received on 1 October 2020, which allege that practical difficulties persist in obtaining the registration of trade union organizations, particularly in the tourist transport sector. The Committee requests the Government to send its comments on this matter.

The Committee also takes note of the supplementary report sent by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020), which does not add any information on the outstanding issues. The Committee therefore reiterates the content of its observation adopted in 2019, which is reproduced below.

The Committee notes the observations of the CNUS, the CASC and the CNTD, of 3 September 2018 and 5 September 2019, addressed in the present observation.

Application of the Convention in practice. The Committee duly notes that the Government, in its responses to the observations of 2013 of the International Trade Union Confederation (ITUC) relating to acts of violence and threats against leaders of the National Union of Workers of Frito Lay Dominicana (SINTRALAYDO), indicates that: (i) the investigations conducted did not establish the existence of acts of violence or threats against trade union leaders; (ii) the charges against the company were never reported on the various occasions that the union and company participated in round table negotiations led by the Directorate of Mediation and Arbitration; and (iii) the Labour Inspectorate did, in fact, note unfair practices in the sector and imposed the appropriate penalties. With respect to the 2016 observations of the CASC, CNUS and CNTD on the practical obstacles to obtaining legal personality for trade unions, the Government indicates that in 2013 all registration applications were granted and that between 2014 and 2016 the registration applications of three trade unions were rejected as they did not comply with substantive criteria (they did not corroborate their members’ worker status or comply with the minimum number of 20 workers).

Legislative issues. The Committee recalls that for a number of years it has been requesting the Government to take the necessary steps 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 implementing 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 at least 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 also recalls that in its previous comments, it had noted that the Commission for Reviewing and Updating the Labour Code, established in 2013, was at that time engaged in discussions and consultations, that the amendments proposed had been discussed by the Labour Advisory Committee and that on 1 July 2016 a tripartite agreement was signed in order to establish a Round Table on Matters relating to International Labour Standards, the main objective of which is to ensure observance of international labour standards. The Committee notes that, according to the Government, meetings have been held by the Ministry of Labour and the Ministry of Public Administration in the public sector aimed at bringing legislation governing this sector into line with international conventions; that the Commission for Reviewing and Updating the Labour Code is continuing with consultations and discussions in the private sector; and that tripartite meetings have been held with a view to possibly reforming the Code. The Committee also notes that, in their observations of 2018 and 2019, the CASC, CNUS and CNTD criticize the functioning both of the Commission for Reviewing and Updating the Labour Code and the Round Table on Matters relating to International Labour Standards, questioning their effectiveness and claiming that there is a reluctance to engage in dialogue.

The Committee refers to its observation within the framework of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), relating to the functioning of the Commission for Reviewing and Updating the Labour Code and the Round Table on Matters relating to International Labour Standards. The Committee expresses the strong hope that, through effective social dialogue, the new Labour Code and new legislation governing workers in the public sector will be adopted in the very near future and that, taking into account the Committee’s comments, these legislative revisions will be in full conformity with the provisions of the Convention. The Committee requests the Government to provide information on all progress made in this respect and recalls that the Government may, if it so wishes, seek technical assistance from the Office.

The Committee notes the joint observations of the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers' Unions (CASC) and the National Confederation of Dominican Workers (CNTD), received on 1 October 2020, which denounce ongoing anti-union acts, particularly anti-union dismissals, as well as acts of interference in two enterprises in the poultry sector and the tourist transport sector. In addition, the above-mentioned trade union organizations denounce the standstill of the Roundtable on Matters relating to International Labour Standards and the non-compliance with collective agreements in certain enterprises owing to the COVID-19 pandemic. The Committee requests the Government to provide its comments in this respect.

The Committee also takes note of the supplementary report provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020), which does not add new elements to the matters pending within the framework of the application of the present Convention. The Committee therefore repeats the content of its observation adopted in 2019, which read as follows.

The Committee notes the observations of the CNUS, the CASC and the CNTD, dated 31 August 2018 and 3 September 2019, which refer, firstly, to issues addressed in this observation and, secondly, to allegations of repeated acts of anti-union discrimination during the negotiation process of a collective agreement and the lack of material resources of labour inspectors. Noting the repeated nature of the allegations of anti-union discrimination, the Committee requests the Government to provide its comments in this respect.

The Committee notes the replies of the Government to the observations of the CNUS, the CASC and the CNTD of 2016. The Committee notes that some of these issues were examined by the Committee on Freedom of Association in Cases Nos 2786 and 3297. The Committee also notes the Government’s replies regarding the allegations of the obstruction of collective bargaining in two enterprises.

With respect to the establishment of the Roundtable on Matters relating to International Labour Standards, the Government reports that the Roundtable has been operating regularly since June 2018, with the objective of gaining a knowledge of the cases and finding a solution to which all parties agree. The Committee also notes the observations of the CNUS, the CASC and the CNTD of 2018 alleging that the Roundtable is ineffective. The Committee refers to its observation under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) and trusts that the matters addressed in the present observation will be taken into account in the discussions that take place at the Roundtable.

(a) Application of the Convention in the private sector

Articles 1 and 2 of the Convention. Effective and rapid application of dissuasive penalties against acts of anti-union discrimination and interference. In its previous observations, the Committee noted the establishment of the Commission for Reviewing and Updating the Labour Code and the procedural difficulties faced by the magistrates’ courts in the application of the penalties envisaged in sections 720 and 721 of the Labour Code, and requested the Government to adopt procedural and substantive reforms to enable the effective and rapid application of penalties and to provide statistics concerning the length of judicial proceedings. The Government indicates, in relation to the length of judicial proceedings, that on average: (i) in the first instance a case is heard within six months; (ii) an appeal is heard within six further months; and (iii) in the event that the case is subject to a cassation appeal, the ruling is handed down within approximately one year. The Committee further notes the observations of the CNUS, the CASC and the CNTD in relation to the delays in the cases regarding anti-union discrimination, which may be before the courts for between six and seven years. While noting the absence of information from the Government on the procedural difficulties faced by the magistrates’ courts in the application of sections 720 and 721 of the Labour Code, as well as the diverging opinions expressed by the Government and the trade union organizations in relation to the duration of judicial proceedings, the Committee recalls that the existence of legal provisions prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective and rapid procedures to ensure their application in practice (see the 2012 General Survey on the fundamental Conventions, paragraph 190). In light of the foregoing, the Committee once again expresses the firm hope that procedural and substantive reforms will be adopted in the near future to enable the effective and rapid application of penalties as a deterrent against acts of anti-union discrimination and interference. Furthermore, the Committee once again requests the Government to send detailed statistics concerning the length of judicial proceedings relating to anti-union acts and to provide information on the application of penalties in practice, and on the deterrent effect thereof (number of fines imposed and number of enterprises concerned), as well as on the number of union leaders reinstated under sections 389 to 394 of the Labour Code.

Article 4. Promotion of collective bargaining. Majorities required for collective bargaining. For many years, the Committee has been referring to the need to amend sections 109 and 110 of the Labour Code, which stipulate that, in order to engage in collective bargaining, a trade union must represent an absolute majority of the workers in an enterprise or a branch of activity. In this respect, the Government indicates once again that the Commission for Reviewing and Updating the Labour Code is in the process of reviewing the Labour Code and the content of sections 109 and 110 will be discussed in the context of these tripartite consultations. Noting that several years have passed since the review process of the Labour Code began, the Committee firmly hopes that this process will give rise in the near future to the amendment of sections 109 and 110, in accordance with the Committee’s previous observations. The Committee requests the Government to report any developments in this respect.

(b) Application of the Convention in the public service

Articles 1, 2 and 6. Protection of public servants not engaged in the administration of the State against acts of anti-union discrimination and interference. In its previous comments, the Committee, noting that Act No. 41 08 on the public service only covers a union’s founders and a number of its leaders, requested the Government to take the necessary steps to ensure that public servants not engaged in the administration of the State fully enjoy specific protection against acts of interference from their employer, providing for sufficient dissuasive penalties against acts of discrimination and interference. The Committee notes with regret the absence of specific information from the Government in this respect and firmly hopes that the Government will take the necessary measures to ensure that public servants not engaged in the administration of the State enjoy adequate protection against acts of discrimination and interference.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comments, the Committee noted that there was no reference to the right to collective bargaining in Act No. 41-08 on the public service or its implementing regulations and requested the Government to take the necessary measures without delay to secure recognition in law of the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee notes the Government’s indication that joint meetings have been planned with officials from the Ministry of Public Service in order to examine the possibility of recognizing in law the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee firmly hopes that the Government will take the necessary measures to secure recognition in law of the right to collective bargaining of public servants who are not engaged in the administration of the State and requests the Government to provide information on any developments in this respect.

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

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

The Committee notes the Government’s first report and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

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 5 September 2019 and 1 October 2020, respectively.

Part II (Medical care). Article 10(2) of the Convention. Sharing by persons protected in the cost of medical care in respect of a morbid condition. The Committee notes the information provided by the Government on the sharing by persons protected in the cost of medical care, indicating that sharing is regulated and effected through co-payments for outpatient medicines established in Act No. 87-01 of 2001 establishing the Dominican social security system and through sliding scale fees defined in section 4 of the “Regulations on family health insurance” and the “Basic health plan” approved by the National Social Security Board through Decision No. 48-13 of 2002. However, the Committee notes that, according to the Government, family out-of-pocket expenditure in the country is estimated at around 43 per cent. The Committee requests the Government to indicate: (i) for each of the benefits indicated in Article 10(1) of the Convention, what is the direct share of the cost of medical care received and, in accordance with Article 10(2) of the Convention, what is the sliding scale fee to be made by the beneficiary or breadwinner. The Committee also requests the Government to indicate the measures taken to ensure that this cost-sharing does not involve hardship, in accordance with Article 10(2) of the Convention. Moreover, the Committee notes that the CASC, CNTD and CNUS allege that as regards purchases of medicines affiliated persons pay 30 per cent of their cost, which creates difficulties for families and affects their quality of life. The Committee requests the Government to provide its comments on this matter.

Article 10(2). Sharing by persons protected in the cost of medical care in the case of pregnancy and confinement and their consequences. The Committee notes the information provided by the Government concerning the medical care benefits to which women are entitled in case of maternity. It further notes the Government’s indication that these benefits are provided without any type of co-payments or moderating fees, with the exception of deliveries by caesarean, the costs of which are partially assumed by women, in a proportion of 15 per cent, unless they are performed in emergency. In this regard, the Committee recalls that Article 10(2) of the Convention does not provide for cost-sharing by the beneficiary or insured person in the costs of the medical care received in cases of pregnancy and confinement and their consequences. The Committee thus requests the Government to indicate (i) whether women who have to undergo a planned caesarean delivery for medical reasons are required to share in the cost of the procedure and (ii) whether women with small means are also required to participate in the costs of deliveries by caesarean in a 15 per cent proportion.

Part V (Old-age benefit). Articles 28 and 65 or 66, in conjunction with the Schedule appended to Part XI. Calculation and amounts of old-age benefit. The Committee notes that old-age benefits are provided through a mandatory individual capitalization system established by Act No. 87-01 of 2001, which does not establish a fixed replacement rate for pensions in the contributory scheme or specific benefits. However, the Committee notes that section 53 of Act No. 87-01 provides that the minimum contributory scheme pension shall be the equivalent of 100 per cent of the lowest statutory minimum wage. The Committee recalls that, under Article 28 of the Convention, the old-age pension shall be a periodical payment calculated as a percentage of previous earnings or of the wage of the standard beneficiary determined in accordance with Article 65 or Article 66, namely, a skilled manual male employee or an ordinary adult male labourer. The amount of the old-age pension must be at least 40 per cent of the previous earnings of the standard beneficiary, as indicated in the Schedule appended to Part XI, after 30 years of contribution or employment. The Committee requests the Government to provide information on the wage of a standard beneficiary as defined in Article 65 or Article 66 of the Convention, and on the calculation of the old-age benefit for which a person with the same level of earnings would qualify after 30 years of contributions.

Part VI (Employment injury benefit). Articles 36 and 38. Form and duration of indemnity in the case of permanent partial incapacity for work. The Committee observes that according to section 196 of Act No. 87-01, as amended by Act No. 397-19 establishing the Dominican Institute for Occupational Risk Prevention and Protection, victims of industrial accidents with incapacity over 5 per cent and under 49 per cent as a result of an industrial accident or occupational disease are entitled to an indemnity consisting of a lump sum corresponding to between five and 20 times the basic salary. The Committee recalls that Articles 36 and 38 of the Convention provide that, in cases of permanent incapacity for work, the benefit shall consist of a periodical payment to be granted throughout the contingency and that it may be commuted for a lump sum where the degree of incapacity is slight or where the competent authority is satisfied that the lump sum will be properly utilized. The Committee requests the Government to indicate the manner in which the competent authority satisfies itself that the lump sum paid in the event of an industrial accident or occupational disease will be properly utilized by the beneficiary.

Part VII (Family benefit). Article 39. Provision of family benefit. The Committee notes the information supplied by the Government regarding the provision of family benefit, in accordance with the terms of Act No. 87-01 on childcare facilities. However, the Committee notes the Government’s indication that Act No. 397-19 of 2019 has recently been adopted, abrogating the sections of Act No. 87-01 on childcare facilities, and establishing that the childcare facilities management department of the Dominican Social Security Institute (IDSS) shall cease to operate. The Committee also observes that IDSS childcare facilities and establishments and services under IDSS administration will henceforth be managed by the National Institute for Early Childhood Care (INAIPI). The Committee requests the Government to indicate the current laws and regulations which regulate family benefit, in accordance with Part VII of the Convention, and to provide information on how effect is currently given to this Part.

Article 44. Total value of benefit. The Committee requests the Government to provide the statistical information required with regard to family benefit granted, in accordance with Article 44 of the Convention.

Part XII (Equality of treatment of non-national residents). Article 68. The Committee requests the Government to indicate: (i) whether recourse has been had to the provisions of Article 68(1) of the Convention, under which special rules concerning non-nationals and nationals born outside the national territory may be prescribed in respect of benefits or portions of benefits which are payable wholly or mainly out of public funds and, if so, to indicate in detail what those special rules are; and (ii) in the contributory social security system, whether persons protected who are nationals of another Member which has accepted the obligations of the relevant Part of the Convention shall have, automatically, the same rights as nationals of the Dominican Republic, or whether equality of treatment in these cases is subject to the existence of a bilateral or multilateral agreement providing for reciprocity. If such agreements are necessary, the Committee requests the Government to specify the reciprocity agreements in force.

Article 71(3). Responsibility of the State regarding sustainability of the social security system and provision of benefits. The Committee notes that Act No. 177-09 has granted an “amnesty” to all public and private employers, whether natural or legal persons, whose payments of worker and employer contributions to the Dominican social security system (SDSS) have been delayed or omitted and who were operating during the period of validity of Act No. 87-01. The Committee notes that the CASC, CNTD and CNUS indicate that, owing to the delays or omissions in the payment of contributions, local authorities and private companies have heavy debts vis-à-vis the social security system and workers lack protection as a result. The Committee also observes that Act No. 13-20 of 2020, referred to by the Government, has established new rules on delayed debts vis-à-vis the SDSS, modifying the surcharges for late payments to the SDSS. In the light of the new provisions of Act No. 13-20, the Committee requests the Government to provide its comments on this matter and to indicate the measures that ensure the sustainability of the Dominican social security system and its capacity to guarantee effective protection and the provision of benefits, in accordance with Article 71(3) of the Convention.

Article 71(3). Actuarial studies and calculations. The Committee observes that Act No. 397-19 has amended section 140 of Act No. 87-01 and that Act No. 13-20 has amended section 56 of Act No. 87-01, both relating to contributions to the contributory scheme. The Committee recalls that Article 71(3) of the Convention provides that the Member concerned shall ensure that the necessary actuarial studies and calculations concerning financial equilibrium are made prior to any change in the rate of insurance contributions. The Committee requests the Government to indicate whether the necessary actuarial studies and calculations concerning financial equilibrium have been made prior to any change in the rate of insurance contributions, in accordance with Article 71(3) of the Convention, and to send the technical documentation relating to these studies.

Article 72(1). Participation of representatives of the persons protected in the administration of the social security system and benefits. The Committee notes the information provided by the Government on the State’s duties of management, regulation, financing and supervision of the social security system, as provided for by section 21 of Act No. 87-01, as amended by Act No. 397-19. The Committee notes that, according to section 21 of the aforementioned Act, the administration and granting of social security benefits in the Dominican Republic is entrusted to various entities, including Pension Fund Boards (AFP), Health Risk Boards (ARS) and Health Service Provision Boards (PSS), which have a public, private or mixed status. Recalling that, under Article 72(1) of the Convention, where the administration is not entrusted to an institution regulated by the public authorities or to a government department responsible to a legislature, representatives of the persons protected shall participate in the management, or be associated therewith in a consultative capacity, under prescribed conditions. The Committee requests the Government to indicate whether the persons protected are represented in the management of the benefit administration entities and service provider entities which are not entrusted to a public institution or government department, or whether representatives of the persons protected are associated with such management.

Institutional reform of social security and social dialogue. The Committee notes the allegations by the CASC, CNTD and CNUS that their proposals were not taken into account in the reform of the social security, and that the legislators gave preference to the Government’s proposal, which envisaged the dissolution of the Dominican Social Security Institute (IDSS), which gives rise to issues concerning the relocation of the dismissed employees of the IDSS and the payment of benefits. The unions also allege that the establishment of the National Occupational Risk Institute (IDOPPRIL) is a change to allow the AFPs to continue to benefit through the inclusion of earnings formulas, whereas henceforth any benefit is for the universality of funds. They further allege a lack of consultation with workers’ representatives on the recent changes to the Social Security Treasury (TSS) and the Department for the Information and Defence of Insured Persons (DIDA). In this respect, they consider that open dialogue could be held between employers, workers and the Government for the decisions taken in relation to social security, and they hope that the union movement will not be excluded from that dialogue. The Committee requests the Government to provide its comments in this regard.

Measures adopted in relation to the COVID-19 pandemic. With reference to the measures adopted by the Government in response to the COVID-19 pandemic, the Committee notes the allegations by the CASC, CNTD and CNUS that, on the one hand, health coverage has been maintained for workers whose employment has been suspended while, on the other, contributions have been suspended to the pension system providing disability and survivors’ pensions, resulting in many workers who have been affected by COVID-19 not being entitled to an disability pension or a survivors’ pension in the event of their death. They also allege that only health workers in the Dominican Republic during the pandemic are entitled to disability and survivors’ pensions, as COVID-19 is only considered to be an occupational disease for workers in the health sector. The Committee requests the Government to provide its comments in this regard.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019. To this end, 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 5 September 2019 and 1 October 2020. The Committee requests the Government to send its comments in this respect.

Tripartism and social dialogue in the context of the COVID-19 pandemic. The Committee notes that, in their observations of 2020, the CASC, CNTD and CNUS state that the Government has taken measures to deal with the effects of the pandemic, which impact workers and production in general, without prior consultation of the social partners, except in exceptional cases, (Recommendation No. 152, Paragraph 5(c)). They report that workers’ organizations have only been consulted on those measures, the approval of which requires a tripartite vote, such as the withdrawal of funds from the Dominican Institute for Protection and Prevention of Occupational Hazards (IDOPRIL). In relation to the social support measures implemented by the Government to mitigate the effects of the pandemic, the trade union organizations state that the social partners were consulted separately on this matter, which led to suspicion on the part of the workers' organizations and the exclusion of the representatives of workers in a situation of increased vulnerability, such as migrant workers, domestic workers, persons with disabilities and self-employed workers. In addition, they report that on 11 September 2020, tripartite consultations were held within the framework of the Labour Advisory Council, where agreement was reached on the joint implementation of economic, labour and health measures to address the crisis that has been affecting the country’s tourism sector for years (in which there are more than 500,000 formal and informal workers) and which has been exacerbated by the pandemic. The Committee recalls the broad guidance provided by international labour standards, and encourages Member States to engage in tripartite consultations and broad social dialogue as a solid basis for the development and implementation of effective responses to the profound socio-economic impact of the pandemic. The Committee invites the Government to provide up-to-date information on the measures adopted with a view to mitigating the impact of COVID-19 and the measures to contain it. In particular, it requests the Government to report on the measures adopted to build the capacity of constituents, and strengthen the tripartite mechanisms and procedures, as well as on the challenges and good practices identified, in conformity with Article 4 of the Convention and Paragraphs 3 and 4 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152).

Article 5 of the Convention. Effective tripartite consultations. In response to the Committee’s previous comments, the Government has provided a copy of the “Operating Regulations for the Tripartite Round Table on issues relating to international labour standards”, which were drafted with the technical assistance of the ILO; as well as copies of the meeting reports of the Tripartite Round Table. Under the provisions of section 2 of the Regulations, the functions of the Tripartite Round Table include: analysing and discussing compliance with ratified Conventions; discussing and developing the reports on ratified Conventions; discussing and promoting compliance with recommendations issued by the ILO supervisory bodies; and analysing the content and possible impact of unratified Conventions and the Recommendations to which effect has not yet been given. Section 6 of the Regulations provides that the Tripartite Round Table shall meet at least once every three months. The Committee notes the Government’s information that Tripartite Round Table began operating on 20 June 2018. It also notes the notifications and reports of the seven working meetings that took place between 20 June 2018 and 16 July 2019, in which tripartite consultations were held on several active cases before the Committee on Freedom of Association. The Committee observes, however, that the Government has not provided information in its report on the effective tripartite consultations on the issues covered by Article 5(1) of the Convention: (a) government replies to questionnaires concerning items on the agenda of the International Labour Conference; (b) the submission of instruments to the National Congress; (c) the re-examination at appropriate intervals of unratified Conventions and of Recommendations; (d) the reports on ratified Conventions to be made to the Office under article 22 of the ILO Constitution; and (e) proposals for the denunciation of ratified Conventions.

The Committee notes that, in their observations, the CASC, CNTD and CNUS maintain that tripartism has deteriorated over recent years and that workers’ organizations have not been consulted on important labour-related decisions. The workers’ organizations refer to their participation in informal meetings in December 2019 and August 2020 with various authorities and domestic workers’ organizations in order to discuss the application of the Domestic Workers Convention, 2011 (No. 189), including methodology for determining domestic workers’ wages. In this regard, they report that such meetings were held without the participation of the employers’ organizations. Lastly, the workers’ organizations refer to the Tripartite Round Table on conflict resolution in the Dominican Republic and maintain that it is only used to hold information meetings. They indicate that, consequently, on 16 July 2019, the CNUS and CNTD withdrew their participation from that Round Table, pending the finalization of responsibilities and concrete solutions to the conflicts raised at its meetings. Therefore, the Committee requests the Government to transmit detailed and up-to-date information on the frequency and content of the consultations held within the framework of the Tripartite Round Table on issues relating to international labour standards relating to the application of the Convention, as well as on the outcome of those.

The Committee notes the Government’s first report.

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 3 September 2018.

Article 2 of the Convention. Scope of application. The Committee observes that the regulations concerning the maternity allowance and breastfeeding allowance approved by the National Social Security Council (CNSS) by Decision No. 98-02 of 19 February 2004 cover all active workers making social security contributions according to the provisions of section 132 of Act No. 87-01 of 2001, which establishes the Dominican social security system (section 1 of the regulations). The Government also indicates that all the social partners have supported the regulations adopted on maternity protection, and consequently there has been no need to take measures or hold consultations on exclusions from the scope of application. The Committee notes, however, that the CASC, CNTD and CNUS allege that “it is still necessary to consider atypical female workers”. The Committee requests the Government to provide its comments in this regard and to indicate whether specific legislative or other measures have been adopted or are envisaged with regard to women engaging in any atypical form of dependent work. The Committee also requests the Government to indicate the number of women engaging in atypical forms of dependent work (such as home work, telework and temporary work), as well as the total number of active female workers making social security contributions.

Article 3. Health protection during pregnancy and breastfeeding. 1. Measures enabling pregnant and breastfeeding women to decide not to perform work that has been determined to be prejudicial to the mother’s health or that of her child. The Committee notes section 234 of the Labour Code, which provides that during pregnancy a worker cannot be required to perform work that entails physical effort incompatible with the state of pregnancy, and section 235 of the Labour Code, which provides that if the work performed is prejudicial to the woman’s health or that of her child and this is certified by a doctor, the employer shall be obliged to enable the worker to change jobs. The Committee observes that section 235 also provides that if this change is impossible, the worker shall have the right to take leave without pay. The Committee requests the Government to indicate whether, in cases where no alternative work is available, income support measures exist for pregnant women whose work entails a risk to health, so that they can freely exercise their right to unpaid leave without fear of the financial difficulties that this may involve. Recalling that the protection prescribed by Article 3 of the Convention must also be given to breastfeeding women, the Committee requests the Government to provide information on the legislative and practical measures which ensure that breastfeeding mothers are not obliged to perform work that has been identified as prejudicial to the mother’s health or that of her child.

2. Types of work determined by the competent authority to be prejudicial to the health of the mother or her child. The Committee notes the Government’s reference to Decision No. 52/2004 on dangerous and insalubrious work, defining types of work which are prohibited for any person under 18 years of age and indicating a restricted list of dangerous and insalubrious types of work that persons over 16 but under 18 years of age may perform under certain conditions. The Committee requests the Government to specify whether the above-mentioned decision also applies to pregnant and breastfeeding women over 18 years of age, and to indicate whether other types of work have been determined by the competent authority to be prejudicial to the mother’s health or that of the child, in order to guarantee the protection prescribed by Article 3 of the Convention.

3. Consultations with representative organizations of employers and workers. The Committee notes the Government’s indication that the authority responsible for the adoption of the measures required by this Article of the Convention is the Ministry of Labour, through the inspection service. The Committee requests the Government to indicate whether national law and practice provide for the holding of consultations with representative organizations of employers and workers regarding the adoption of measures needed to ensure that pregnant or breastfeeding women are not obliged to perform work considered prejudicial to the mother’s health or that of the child.

Article 6(6). Cash benefits. The Committee notes the Government’s indication that section 132 of Act No. 87-01 of 2001 provides that, in order to be entitled to the maternity allowance, the affiliated person must have made contributions for at least eight months of the 12-month period preceding the date of childbirth. The Committee requests the Government to indicate whether women who do not meet the conditions to qualify for the maternity allowance are entitled to social assistance benefits, subject to the requisite means test, in accordance with Article 6(6) of the Convention.

Article 6(7). Provision of medical care benefits. Participation in the cost of Caesarean delivery. The Committee notes the information provided by the Government concerning the medical care benefits to which women are entitled in case of maternity. It further notes the Government’s indication that these benefits are provided without any type of co-payments or moderating fees, with the exception of deliveries by caesarean, the costs of which are partially assumed by women, in a proportion of 15 per cent, unless they are performed in emergency. The Committee requests the Government to indicate (i) whether women who have to undergo a planned caesarean delivery for medical reasons are required to share in the cost of the procedure and (ii) whether women with small means are also required to participate in the costs of deliveries by caesarean in a 15 per cent proportion.

Article 8(2). Right to return to same position at the end of the maternity leave. The Committee requests the Government to indicate how effect is given to Article 8(2) of the Convention, which requires that the right of women to return to the same position or an equivalent position paid at the same rate at the end of their maternity leave be guaranteed.

Article 9(1) and (2). Measures against discrimination in employment and prohibition on requiring pregnancy tests or certificates. The Committee requests the Government to describe the measures taken to ensure that maternity is not a source of discrimination in employment and access to employment. The Committee also requests the Government to specify whether these measures include the prohibition on requiring a pregnancy test or a certificate of such a test when a woman is applying for employment, except where required by national laws or regulations in respect of work that is prohibited during pregnancy or where there is a recognized risk to the health of the woman and child, and to provide information on any remedies and penalties that are considered appropriate, in accordance with Article 9 of the Convention.

Comments adopted by the CEACR: Dominican Republic

ADOPTED_BY_THE_CEACR_IN 2022

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ADOPTED_BY_THE_CEACR_IN 2020

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(a) Application of the Convention in the private sector

(b) Application of the Convention in the public service

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Comments adopted by the CEACR: Dominican Republic

Display the list by:

ADOPTED_BY_THE_CEACR_IN 2022

C122 - CMNT_TITLE

C138 - CMNT_TITLE

C159 - CMNT_TITLE

C182 - CMNT_TITLE

C182 - CMNT_TITLE

ADOPTED_BY_THE_CEACR_IN 2020

C087 - CMNT_TITLE

C098 - CMNT_TITLE

(a) Application of the Convention in the private sector

(b) Application of the Convention in the public service

C102 - CMNT_TITLE

C144 - CMNT_TITLE

C183 - CMNT_TITLE