Definitive Report - Report No 254, March 1988

Case No 1393 (Dominican Republic) - Complaint date: 25-FEB-87 - Closed

1. 180. The complaint is contained in a communication from the International Confederation of Free Trade Unions (ICFTU) dated 25 February l987. The ICFTU sent additional information in a letter dated 9 March l987. The Government replied by letter of 3 December l987.
2. 181. The Dominican Republic has ratified the Freedom of Association and Protection of the Right to Organise Convention, l948 (No. 87) and the Right to Organise and Collective Bargaining Convention, l949 (No. 98).

A. The complainant's allegations

1. 182. In its letters of 25 February and 9 March l987 the International Confederation of Free Trade Unions (ICFTU) alleges that on 11 February l987 groups of armed persons linked with the Government attacked the headquarters of the Sacks and Ropes Factory Union during a meeting being held by the Union to elect new officers; it also alleges that the Union's leaders were dismissed from their employment and threatened with death.
2. 183. The ICFTU adds that on 2 March l987, while collective bargaining was in process, police forces violently displaced striking workers who belonged to the Union of Employees of the "Santo Domingo South" Hotel; that 270 workers were arbitrarily dismissed as well as the General Secretary and the Organising Secretary of the Union; and that a member of the Committee of the "Hotel Hispaniola" Employees' Union was also dismissed, merely because he had expressed his solidarity with the strikers.

B. The Government's reply

1. 184. In its letter of 3 December l987, the Government states that the Office of the Secretary of State for Labour had mediated in the dispute which had arisen in the Sacks and Rope Factory and that the undertaking - which had not been able to make the payments due from it because of the economic situation - reinstated the dismissed workers in accordance with the suggestion made by the Office of the Secretary of State.
2. 185. As regards the collective dispute in the "Santo Domingo South" and "Hispaniola" Hotels, the Government appends a letter from the unions of employees of the two hotels, addressed to the Secretary of State for Labour and thanking the authorities for the mediation which had led to full settlement of the dispute (reinstatement of the dismissed employees except for two who had been fired for unsatisfactory performance of their work and who had in any case the right to appeal to the courts). In the same letter the unions stressed their satisfaction with the compromise agreement reached with the two hotels.

C. The Committee's conclusions

1. 186. The Committee observes that the present case relates principally to the dismissal of workers and trade union officers in connection with collective disputes. It notes with interest that, following mediation by the Office of the Secretary of State for Labour, reinstatement of the dismissed workers was secured and the various disputes accordingly settled. However, the Committee wishes to emphasise that on previous occasions, when considering complaints of anti-union discrimination in the Dominican Republic, it has pointed out to the Government that legislation permitting an employer to dismiss a worker on condition that he pays the statutory compensation laid down for cases of unjustified dismissal, when the real reason for the dismissal is the worker's trade union membership or his trade union activity does not provide sufficient protection against acts of anti-union discrimination within the meaning of Convention No. 98. The Committee would again recall this principle, and draws this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
2. 187. Lastly, the Committee observes that the Government has not replied specifically to the allegations regarding the violent disruption of the meeting of the Sacks and Ropes Factory Union and the similar action taken against the striking members of the union of employees of the "San Domingo South" Hotel. As the disputes in question have been settled, the Committee would merely refer to the principle laid down in Article 3 of Convention No. 87, according to which the public authorities must refrain from any interference which would restrict the right of workers' organisations to organise their activities or impede the lawful exercise of that right.

The Committee's recommendations

1. 188. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • a) Since the existing legislation does not provide sufficient protection against dismissals based on trade union membership or activity, the Committee requests the Government to take measures so as to ensure that the legislation guarantees such protection. It draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to this aspect of the case.
   • b) The Committee draws the Government's attention to the principle contained in Article 3 of Convention No. 87, according to which the public authorities should refrain from any interference which would restrict the right of workers' organisations to organise their activities.