Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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

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Observation

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The Committee 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 in 2018. It also notes the observations of the Ibero-American Confederation of Labour Inspectors (CIIT), received in 2019 and 5 June 2023. The Committee requests the Government to provide its comments in this respect.

Articles 10 and 16 of the Convention. Number of labour inspection staff for the effective discharge of labour inspection duties. Further to its previous comments, the Committee notes the Government’s indication in its report that: (i) the competition held in 2014 to fill 60 labour inspector posts was cancelled since no budget was allocated; (ii) the Ministry of Labour recruited six new labour inspectors through the competition held in 2018; and (iii) there are 174 labour inspectors in the inspection system (compared with 159 inspectors in 2016) distributed among 40 local labour offices in the country. The Committee also notes the observations of the CNUS, CASC and CNTD, claiming that: (i) the number of labour inspectors is insufficient to address the workers’ demands; (ii) the number of inspection visits carried out is insufficient to ensure compliance with the labour legislation, particularly the provisions relating to occupational safety and health, working hours, wages and social security; and (iii) the quality of inspection reports is deficient. The Committee also notes that the CIIT claims in its allegations that: (i) the number of labour inspectors is low in relation to the population of the respective provinces (for example, there are five inspectors in the province of Santiago de los Caballeros, with over 1.5 million inhabitants); and (ii) in the province of Samaná, with a population of 139,707 inhabitants, there are no labour inspectors. While noting the increase in the number of inspectors between 2016 and 2018, and the difficulties involved in appointing new inspectors, the Committee requests the Government to ensure that the number of labour inspectors is sufficient to enable the effective discharge of labour inspection duties in all regions of the country.

Article 12(1)(a) and (b). Right of labour inspectors to enter workplaces freely. Further to its previous comments, the Committee notes the Government’s indication that it submitted a proposal for reform of the Labour Code to the Committee on Tripartite Dialogue. The Committee requests the Government to take the necessary measures, including in the context of the aforementioned reform proposal, to give legal effect to the right of 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 when they may have reasonable cause to believe that they are liable to inspection, in accordance with Article 12(1)(a) and (b) of the Convention. The Committee also requests the Government to provide information on the measures taken in this respect.

Articles 19, 20 and 21. Publication and communication of an annual report on the work of the labour inspection services. The Committee notes that no annual labour inspection reports have been received since 2018. It notes that the last annual report from 2018 contains information on: (i) the legislation relating to the functions of the labour inspectorate; (ii) the total number of labour inspectors; (iii) the number of workplaces liable to inspection; (iv) the number of inspections conducted and the number of workplaces inspected; and (v) the number of warning notices issued to workplaces, with a view to securing compliance with the labour legislation, and the number of infringement reports established. The Committee notes that the above-mentioned report does not contain any information on the number of occupational accidents and cases of occupational disease notified. The Committee urges the Government to take the necessary steps to ensure that annual reports on the work of the inspection services are published and communicated regularly to the ILO, in accordance with Article 20 of the Convention, and that they contain information on all the subjects listed in Article 21(a)–(g).

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