Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Protection of Wages Convention, 1949 (No. 95) - Dominican Republic (Ratification: 1973)

The Committee notes the Government's report and the discussion in the Conference Committee in 1991 on the application of Conventions Nos. 95 and 105 by the Dominican Republic.

Protection of wages in sugar plantations

In its previous observation, the Committee requested the Government to re-examine in the light of the Convention, the procedures for determining and paying wages. It also requested the Government to examine the possibility of associating workers' organisations and other social organisations with the monitoring of the weighing of sugar-cane so that this process is more open to scrutiny. The Committee hoped that programmes to sell food at low prices would be continued with greater vigour.

1. Measures to guarantee observance of the statutory minimum wage

In its previous comments, the Committee requested the Government to take the necessary measures to ensure that all workers employed in plantations are paid the statutory minimum wage, and it requested the Government to supply information on any adjustment of the minimum wage in agriculture and on the rates for the cutting and transport of sugar-cane.

The Committee noted the wage increase for the sugar-cane harvest in 1990-91 and considered that although the new rates for the cutting and transport of sugar-cane improved the chances of a greater number of cane-cutters earning the statutory minimum wage, the increase, while significant, was lower than the increase in the cost of living.

The Committee requested the Government to supply information on the wages that were actually paid to workers and to supply, for example, extracts of the payrolls of various state or private plantations.

The Committee notes that the Government supplied the wage rates for various agricultural tasks in plantations, but that no information was received concerning the wages actually paid, and that it is not therefore in a position to ascertain that cane-cutters are paid the minimum wage for an eight-hour day.

The Committee requests the Government to supply information on any measures that have been taken to guarantee the payment of the minimum wage and to indicate whether there have been increases in wages in the agricultural sector or for work on the sugar-cane harvest.

2. Weighing the sugar-cane

In its previous comments, the Committee also referred to the recommendation made by the Commission of Inquiry in paragraph 537 of its report concerning the introduction of more effective measures to ensure the accuracy of the weighing of cane, since cheating over the weighing of cane has been described as one of the most serious abuses suffered by cane-cutters.

The Committee notes with interest the Government's indications concerning the activities of special delegations set up in plantations under Decree No. 417/90 and the reports of the inspection services which describe some contraventions and the sanctions which were imposed.

The Committee requests the Government to supply information on the situation concerning the weighing of sugar-cane in plantations which do not belong to the State Sugar Board (CEA) and to state whether workers' organisations have been associated with the supervision of the weighing.

3. Articles 3 and 7 (payment of wages in cash and enterprise stores)

In paragraph 538 of its report, the Commission of Inquiry recommended that the practice of permitting the negotiation of wage tickets by workers in favour of third parties be discontinued and that, instead, arrangements be instituted to enable workers to receive advances on wages in cash.

The Committee notes the Government's indication in its report that the draft Labour Code will repeal section 200 of the current Labour Code and will abolish the possibility that currently exists for agricultural enterprises to make advances on wages in the form of wage tickets. It also states that at the present time advances of wages paid in wage tickets can be converted into cash in the stores set up by the National Price Stabilisation Institute (INESPRE), which is a partial solution to avoid abusive discounts. The Committee also notes the social development programme that is currently being carried out by the CEA in its plantations and sugar plants ("bateyes").

The Committee requests the Government to indicate how often wage tickets are converted into cash in the stores of the INESPRE.

4. Article 14 (workers' information)

The Committee requested the Government to supply information on any measures taken to ensure that all workers are informed of the conditions in respect of their wages.

In this regard, the Government states in its report that the inspectors operating in plantations have been instructed to provide advice to workers who require it. It adds that illiteracy and the lack of knowledge of Spanish among plantation workers makes it difficult to disseminate information.

The Committee requests the Government to supply information on what further measures have been taken or are envisaged to give effect to this requirement of the Convention.