Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Dominican Republic (Ratification: 1956)

Other comments on C019

Observation

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Follow-up to the recommendations of the tripartite committee (Representation made under article 24 of the ILO Constitution)

Article 1 of the Convention. Equality of treatment between national and foreign workers. The Committee recalls that, in its previous comments, it examined the measures taken by the Government, in agreement with the social partners, with a view to following up on the recommendations made in 2013 by a tripartite committee and adopted by the ILO Governing Body in order to ensure equality of treatment between foreign and national workers. The Governing Body recommended in particular to amend sections 3 and 5 of Act No. 87-01 in order to remove the residency condition imposed on foreign workers for coverage in case of employment injuries. The Committee asked the Government to indicate the measures taken with a view to guaranteeing in practical terms all social security rights recognized by Decree No. 96-16 and Resolution No. 377-02, particularly regarding sectors employing an important number of foreigners, and the progress made with respect to the electronic registration which should have taken place no more than 90 days following the adoption of Resolution No. 377-02 in November 2015. The Committee notes the Government’s indication in its report that in October 2016 the Social Security Treasury (TSS) implemented technical adjustments so as to allow employers to affiliate foreign workers to the social security insurance system. The Committee also notes that a tripartite dialogue round table on labour migration discussed the issues relating to labour migrants, and that an agreement was signed in March 2017 between the Ministry of Labour, the TSS, the Directorate of Information and Defence of Affiliates (DIDA), and the Dominican Association of Banana Producers (ADOBANANO), with the participation of the ILO, the European Union and the United Nations Development Programme, to promote the affiliation of the producers and workers in the banana sector of the Azua, Montecristi, and Valverde provinces. The Committee welcomes the Government’s indication that, in practice, 14,914 social security numbers have been issued for foreign workers as a result of the measures described. The Committee also notes that, according to Resolution of the National Social Security Council No. 377-02 of 12 November 2015, more than 289,000 foreigners were included in the National Plan for the Regularization of Foreigners. The Committee requests the Government to continue providing information on measures that enable foreign workers to join the occupational risk insurance scheme without a condition of residence, as recommended by the Tripartite Committee and adopted by the Governing Body, including information on the number of foreign workers registered in accordance with Decree No. 96-16 and Resolution No. 377-02. The Committee further requests the Government to continue providing information concerning the implementation of the National Plan for the Regularization of Foreigners and to indicate the measures in place to ensure the coverage of the foreign workers concerned in case of occupational accidents, including the provision of benefits to foreign workers who no longer reside in the Dominican Republic and to their dependants when they reside abroad.