Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 81) sur l'inspection du travail, 1947 - République dominicaine (Ratification: 1953)

Autre commentaire sur C081

Observation

Demande directe

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Establishment of a tripartite body to deal with all issues regarding international labour standards. The Committee welcomes the agreement reached in July 2016 on the establishment of a tripartite body to prevent and address conflicts relating to the application of international labour standards. This Committee will, among other things, examine and discuss compliance with ratified ILO Conventions (particularly fundamental and governance Conventions) and contribute to the preparation of the reports requested by the Committee. The Committee trusts that the outstanding issues concerning this Convention will be given due consideration by this tripartite body with the objective of finding solutions and reaching agreement on measures to address and overcome these issues.

Articles 6 and 15(a) of the Convention. Conditions of service and integrity, independence and impartiality of labour inspectors. In its previous comments, the Committee requested further information on the observations made by the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD) concerning the lack of integrity of labour inspectors. The Committee notes the Government’s reference in its report to the safeguards provided in the Public Service Act No. 41-08 to ensure the integrity of labour inspectors and their security of employment (including through their selection by public recruitment procedures, and their removal from office only on pre-established criteria and strict formal administrative procedures). The Government further indicates that labour inspectors in addition to wages, receive incidental allowances to cover the fees incurred in their duties. While noting this information, the Committee requests that the Government provide further information on the level of wages and other benefits of labour inspectors as compared to other public servants exercising similar functions, such as social security or tax inspectors. The Committee also requests that the Government indicate whether labour inspectors have to abide by specific regulations governing their professional and ethical conduct in the course of their duties, and, where applicable, provide a copy of such regulations.

Articles 10 and 16. Number of labour inspection staff for the effective discharge of labour inspection duties. In its previous comment, the Committee noted the observations made by the CNUS, the CASC and the CNTD on the inadequacy of the number of 159 labour inspectors in relation to the economically active population. It also noted a geographical concentration of labour inspectors in the central office and a lower number of labour inspectors in the regional offices. The Committee notes the Government’s reference to an ongoing competition for the recruitment of labour inspectors to be allocated to the different labour offices. Noting this information, the Committee requests that the Government provide information on the results of the recruitment procedure referred to by the Government, the total number of labour inspectors and their geographical distribution throughout the 40 labour offices of the country.

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 Article 12(1)(a) and (b). The Government previously informed the Committee that in practice, labour inspectors may enter at any hour of the day or night any premises which they may have reasonable cause to believe to be liable to inspection and that it was planned to submit to the Labour Advisory Council a proposal to amend the relevant legal provisions with a view to stipulating this entitlement expressly in a legal text. The Committee notes that no information has yet been provided on any measures undertaken in this regard. The Committee once again requests that the Government give legal effect to Article 12(1)(a) and (b) of the Convention and to provide information on the progress achieved and, where appropriate, to provide copies of any relevant legal texts that have been adopted.

Articles 5(a), 19, 20 and 21. Evaluation of the functioning of the labour inspection services on the basis of the information contained in annual labour inspection reports. The Committee notes with regret that no annual report on the work of the labour inspection services has been received at the Office for more than two decades, and that no statistical information on any inspection activities has been provided with the Government’s report. The Committee notes that the Government once again reiterates its commitment to taking measures to comply with its obligation to publish annual labour inspection reports, and that it indicates that it will have recourse to technical assistance for this purpose.

The Committee once again recalls that in the absence of basic information such as the number and geographical distribution of the industrial and commercial workplaces liable to inspection and the workers employed therein, it is not possible to assess the adequacy of the number of labour inspectors and labour inspections in relation to inspection needs. In this respect, the Committee recalls the usefulness of inter-institutional cooperation for establishing and updating a register of workplaces liable to labour inspection, as a means of obtaining relevant data and to facilitate the establishment of annual labour inspection reports. The Committee notes that the Government provides information on the cooperation with other entities and ministries, but that this information does not include the exchange of data on workplaces liable to inspection as requested. The Committee once again urges the Government to take the necessary measures 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 Article 21(a)–(g) of the Convention, and hopes that the Office will provide the technical assistance needed in this regard. The Committee also once again 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 that the Government provide information on the progress achieved in this respect.

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