Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Dominican Republic (Ratification: 1953)

Other comments on C081

Observation

Direct Request

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The Committee notes the Government’s report, received by the Office on 29 October 2012. It also notes the 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 by the Office on 8 October 2012. The Committee notes that the observations of the trade union confederations relate to issues that they raised in August 2010, and which are already under examination.

Articles 3, 10, 16 and 23 of the Convention. Number of labour inspection staff for the effective discharge of labour inspection duties, and additional functions. The Committee notes that, according to the information provided by the Government, as of August 2012 there were 199 inspectors in 40 offices, and three vacancies. However, the Committee notes that of these 199 public officials, 40 are local labour representatives and the remainder are supervisory inspectors and actual labour inspectors. From the information provided by the Government, the Committee concludes that only labour inspectors carry out inspections of workplaces, and that they also provide guidance to employers and workers. The Government nevertheless indicates that five of the local labour representatives carry out inspections themselves, due to the fact that there are no auxiliary inspection services. The Committee further notes that the functions entrusted to labour inspectors include calculating the benefits from the work performed and mediating in disputes between employers and workers. The Committee notes that the trade union confederations emphasize the inadequacy of the number of inspectors in relation to the economically active population. In this respect, the Committee emphasizes, as it did in paragraph 69 of its General Survey of 2006 on labour inspection, that the primary duties of labour inspectors are complex and require time, resources, training and considerable freedom of action and movement, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. With specific regard to functions exercised in the context of labour disputes, the Committee refers the Government to the guidance contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. The Committee requests the Government to provide information on the measures taken to ensure that any additional duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary in their relations with employers and workers, in accordance with Article 3(2) of the Convention.

The Committee would also be grateful if the Government would indicate the reasons for the imbalance between the number of 45 officials assigned to the National District, and the regional offices, which only have between one and four officials.

Also observing that the Government has not provided the information requested on the number and geographical distribution of the industrial and commercial workplaces liable to inspection, or on the workers employed therein, the Committee emphasizes that in the absence of such data it is not possible to assess the adequacy of the number of labour inspectors in relation to inspection needs. In this respect, the Committee refers the Government to its 2009 general observation concerning the inter-institutional cooperation necessary for the establishment and updating of a register of workplaces liable to labour inspection. The Committee encourages the Government to ensure the adoption of measures to promote and develop cooperation with other governmental bodies or public and private institutions (tax authorities, social security institutions, chambers of commerce, etc.) which possess relevant data with a view to establishing and periodically updating a register of workplaces liable to inspection, and it requests the Government to provide information in its next report on the progress achieved in this respect.

Articles 6 and 15(a). Conditions of service and integrity, independence and impartiality of labour inspectors. The Committee notes that the trade unions’ regret that the lack of integrity of labour inspectors continues to be common, although they recognize that in recent years there has been some improvement in the situation. They add that inspectors exert pressure on workers to lay aside their claims or to conclude agreements that are prejudicial to them so as to avoid disputes and maintain workers’ jobs. Noting that the Committee has not made any comments on this subject in its report, the Committee asks the Government to respond to the concerns raised by the trade unions and indicate the measures adopted to end this practice.

The Committee notes Resolution No. 23 of 19 April 2013, issued by the Ministry of Labour, creating the Department of Internal Affairs of the Ministry of Labour. The Department is responsible for collecting information and evidence of the performance of employees of the Ministry of Labour in the discharge of their functions and for providing them to the competent Minister. The Committee also notes the press article that was attached to the Government’s report covering the arrest of two labour inspectors on grounds of extortion, and the documents relating to the investigation conducted against a labour inspector for an ethical fault in the discharge of her duties.

Furthermore, in relation to the measures that the Committee requested the Government to take to ensure that the remuneration and terms and conditions of service of labour inspectors are in conformity with the principles of stability of employment and independence of changes of government and of any improper external influences, as set out in Article 6 of the Convention, the Government refers to the application of the Public Service Act (No. 41-08) to inspection personnel and the guarantee of stability of employment that it offers. The Government also refers to the provisions of this Act under which career public servants only lose their status in the cases explicitly envisaged in the Act and following an administrative procedure and the adoption of a formal administrative decision. Referring once again to paragraphs 204, 209, 214 et seq. of its General Survey, the Committee requests the Government to indicate the measures adopted to guarantee labour inspectors a level of remuneration and career prospects such that high-quality staff are attracted and retained and to ensure the independence necessary for the discharge of their duties. Observing moreover that the Government has not provided the information requested on this subject in its previous comments, the Committee once again requests it to provide a copy of any legislative provisions adopted pursuant to section 438 of the Labour Code relating to the penalties applicable to any labour inspector who violates the prohibition on having any direct or indirect interest in the enterprises under their control. It also requests the Government to provide information on any investigation carried out concerning labour inspectors for conduct which might jeopardize their integrity, independence and impartiality, and their findings.

Articles 7 and 8. Training of labour inspectors and numbers of men and women in the inspection staff. The Committee notes the Government’s indication that for entry into the public service it is necessary, among other conditions, to demonstrate suitability for the proper discharge of the functions, through the established selection systems, in accordance with the position that is to be held, and its reference, to the specific qualifications required and the desirable competences for the position of labour inspector. The Government adds that the Public Service Act provides that it is compulsory for public servants to participate in the induction courses and training and skills programmes envisaged by the Secretariat of State for Public Administration, through the National Public Administration Institute (INAP), which develops training plans, programmes and events, according to needs. According to the Government, labour inspectors are trained on a permanent basis on labour legislation through workshops, seminars and meetings. The Cumple y gana project of the External Services Foundation for Peace and Democracy (FUNDAPEM) and the ILO project on the “verification of the implementation of the recommendations of the White Paper” have contributed to the training of labour inspectors. With reference to its previous comments, in which it noted the emphasis placed by the trade unions on the lack of skills and sensitivity of inspectors relating to matters concerning the rights of women workers, such as discrimination, sexual harassment, violence, as well as freedom of association, and their reluctance to report violations relating to dismissals or other acts of anti-union discrimination, on the grounds that the workers concerned were not covered by trade union protection, the Committee notes that the Government has not provided the information requested. The Committee therefore once again requests the Government to provide information on the training organized for inspectors, particularly in areas such as non discrimination and freedom of association, including details on the frequency of such courses, the number of participants, their subject matter and duration. Furthermore, recalling that, in accordance with Article 8 of the Convention, both men and women shall be equally eligible for appointment to the inspection staff and, where necessary, special duties may be assigned to men or women inspectors, the Committee once again requests it to indicate the proportion of women who perform labour inspection duties and to specify whether they are assigned special duties, such as the inspection of workplaces where the staff are predominantly women or young people. The Committee would also be grateful if the Government would provide a copy of the initial and further training programme designed by the INAP to cover the training needs of labour inspectors during the current year, as well as information on the number of inspectors participating in both initial and further training activities, the type of training (courses, seminars, workshops), their duration and the subjects covered.

Article 12(1)(a) and (b). Right of labour inspectors to enter workplaces freely. The Committee recalls that it has been emphasizing since 1995 the need to adopt measures to explicitly authorize labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection, in accordance with these provisions of the Convention. The Committee requests the Government to ensure that the necessary measures are adopted without further ado to give legal effect to these provisions of the Convention and to provide information in its next report on the progress achieved in this respect and, where appropriate, to provide copies of any relevant legal text that has been adopted.

Articles 20 and 21. Publication and communication of an annual report. The Committee emphasizes that, despite its reiterated requests for many years, no annual report, as required by the Convention, has been transmitted to the Office. The Committee emphasizes that annual reports on the activities of the labour inspection services are an important tool for assessing the manner in which the inspection system operates in practice and accordingly for determining the measures that have to be taken for its improvement. The Committee therefore urges the Government to adopt measures as soon as possible to ensure the publication and transmission to the ILO, in accordance with Article 20 of the Convention, of annual reports on the activities of the inspection services, containing all the information required in clauses (a)–(g) of Article 21. The Committee once again reminds the Government of the possibility of having recourse, if necessary, to technical assistance from the Office for this purpose.

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