Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Dominican Republic (Ratification: 1956)

The Committee notes the observations of the Employers' Confederation of the Dominican Republic on the application of the Convention and the Government's comments on them.

Referring to a Bill to lead to an overall increase of 30 per cent in wages in the public sector and in the private sector, the above Confederation alleges: (i) that the minimum wage fixing machinery contained in the national legislation, in accordance with the Convention, was not applied; and (ii) that employers were not consulted in fixing minimum wages, as required by the Convention. The above Confederation has informed the President of the Senate of this breach of the law and has asked that the Senate Finance Committee reject the Bill.

By a letter of 23 January 1994 the Government pointed out that: (i) the Bill was presented by a senator from the opposition; (ii) the Bill has not yet been examined although it has been endorsed by the Senate Labour Committee; (iii) in accordance with the Constitution, the Executive is empowered to make observations on any law enacted by Congress if it deems it to be inconsistent with the Constitution or ratified treaties. The Government therefore considers that the comments of the Employers' Confederation of the Dominican Republic to be premature.

The Committee takes note of this information. It notes that the Bill, which originated in Parliament, has not been adopted and that, consequently, the Government may still present it to the employers and workers concerned with a view to consulting them, amongst other things to ascertain whether or not the Bill will contribute to securing an effective system for fixing minimum wages. It recalls that the minimum wage fixing machinery provided for in the Convention is of a subsidiary nature to the extent that it is mandatory only where "no arrangements exist for the effective regulation of wages by collective agreement or otherwise".

The Committee also recalls that tripartism and tripartite consultations on matters of common interest are fundamental principles of the ILO and that governments of member States have the obligation, as need be, to enter into tripartite consultations.

The Committee asks the Government to indicate the action taken by Congress on the above Bill and the measures taken to ensure that employers' and workers' organizations are consulted with regard to minimum wage fixing in accordance with the Convention.