That the employees of any organization associate and form a union is a right established in the Labor Code and in the Constitution, but achieving this task is an impossible mission in most companies in the Dominican Republic.
The employees are afraid to organize themselves in unions for “fear of losing their food”, since the companies “are dedicated to disrupting them”, he denounced Gabriel del Riopresident of the Classist Autonomous Trade Union Confederation (CASC), regarding the celebration this May 1st of the International work day.
“We have, for example, employees from free trade zones, where they are fired even with union immunity,” added Del Río. Trade union immunity is a protection granted by the Labor Code to the leaders of a union that prevents companies from firing them under penalty of heavy sanctions.
This situation means that very few companies have unions in the Dominican Republic, said Del Río.
The three trade union centrals that called for a demonstration for International Labor Day this May 1, “assured that businessmen pressure, blackmail, and cancel their union leaders without regard, also violating conventions 87 and 98 of the International Labor Organization. Work (ILO)”, ratified by the Dominican Republic.
What is a union?
Unions are the mechanism in which employees can organize themselves to become the staff’s representation before their employers, and present their positions, opinions, suggestions, claims, etc.
According to the legislation, employees do not have to ask the company for permission to form a union, but rather follow a simple formalization process during which the employees are already protected by union immunity, that is, they cannot be fired except for serious misconduct. These would have to be presented before a judge, who will finally decide if there is evidence for the dismissal, according to the causes specified in the Labor Code.
The Labor Code stipulates in its article 137 that a union “is any association of workers or employers constituted in accordance with this Code, for the study, improvement and defense of the common interests of its members.”
The following article mandates that “public authorities must refrain from any intervention that tends to limit or hinder the exercise of freedom of association.”
This rule also warns that “unions must maintain their independence from political parties and religious entities, and cannot receive subsidies or aid from them.”
The Dominican Constitution itself stipulates in article 62 “union freedom” as a basic right of workers and establishes that “union organization is free and democratic, must conform to its statutes and be compatible with the principles enshrined in this Constitution and the laws”.
The steps to establish a union are listed in the Labor Code from article 373.
Unions at the rally
Few of the activists who attended this Sunday’s demonstration for International Labor Day dared to raise signs with which the union of the company where they work can be identified. The only brave ones were several employees of the Nestlé Workers’ Union (Sitranestlé), the Haina Port Union and the Association of Domestic Workers.
The latter demanded that the resolution of the Ministry of Labor be approved that would grant them vacation and social security rights.
