Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee takes note of the Government's report. It recalls that its previous comments referred to the following:

- the requirement of a majority of 51 votes in order to call a strike (section 407(3) of the Labour Code) and whether this provision applies to federations and confederations (section 384 of the Code);

- restrictions on subsidies or assistance to trade unions from political parties or religious entities (section 318 of the Code); and

- exclusion from the scope of the Labour Code (Principle III) and the Civil Service and Administrative Careers Act (section 2) of employees of autonomous and municipal official institutions.

Noting that the Government does not reply to its comments, the Committee reiterates its previous indications:

With regard to the requirement of a majority of 51 votes in order to call a strike (section 407(3) of the Labour Code), the Committee noted that the same majority is required for federations and confederations as for trade unions (section 384 of the Code), and noted with interest the Government's statement in its report that it was in the process, in consultation with the social partners, of adopting the necessary measures to reduce even further the percentage required in order to call a strike, and limiting it to a simple majority. The Committee hoped once again that in its next report the Government will provide information on the progress made in this respect.

With regard to restrictions on subsidies or assistance to trade unions from political parties or religious entities, concerning section 318 of the Code, the Committee took due note of the Government's statement that although the purpose of this provision was to maintain the economic independence of trade unions, it could be construed as a restriction on trade unions in the formulation of their programmes of action.

With regard to the exclusion from the scope of the Labour Code (Principle III), and the Civil Service and Administrative Careers Act (section 2) of the employees of autonomous and municipal institutions of the State, other than those involved in industry, commerce or transport, the Committee noted the information supplied by the Government to the effect that these bodies were governed by the law creating them or by their own regulations which determined the working regime of the employees, and that in practice certain autonomous bodies had had recourse to the Labour Code and had formed duly registered trade unions (for example, the Santo Domingo and the Santiago Water and Sewage Corporations). It reminded the Government that under Article 2 of the Convention all workers, without distinction whatsoever, including those referred to in section 2 of the Civil Service and Administrative Careers Act, with the sole possible exception of the armed forces and the police, have the right to form organizations of their own choosing. The Committee once again asks the Government to state whether the laws and/or regulations governing these bodies enable them to form trade union organizations, and to inform it of any organization that has been formed in practice by this category of workers.

The Committee observed that section 142(1) of the implementing regulations of the Civil Service and Administrative Careers Act requires the membership of at least 60 per cent of all employees of the body concerned in order to form an organization of public servants. In the Committee's view, this is a too high percentage and might, in practice, impair the formation of trade union organizations by this category of workers. The Committee hoped that the Government would take the necessary steps to reduce the percentage to a reasonable level and asks it to provide information on any progress made in this respect in its next report.