Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

Regarding the protection of wages in sugar plantations, the Committee earlier noted that the provisions of the Labour Code (promulgated by Act No. 16-92 of 29 May 1992) on the protection of wages are applicable to rural workers, including those in sugar plantations, by virtue of section 281, and asked the Government to provide information on its application in practice. The Committee also noted the comments received from the following workers' organizations: National Union of Agricultural Workers of Sugar and Similar Plantations (SINATRAPLASI); Union of Cane Cutters of Barahona Plant (SIPICAIBA); and Union of Workers of Agricultural and Similar Plantations of Barahona Plant (SITRAPLASIB).

The Government states in reply that measures had been taken to ensure reliable and correct weighing of the sugar cane by (a) installing computerized scales in certain sugar plantations, and (b) placing inspectors at each weighing, who are recommended by concerned non-governmental organizations.

The Government has also supplied, in reply to the Committee's previous comments, information concerning some Articles of the Convention as follows. Article 4 of the Convention: while the 1992 Labour Code does not contain provisions on partial payment of wages in kind, except for section 260 concerning domestic workers, yet, where, according to the Government, food or coupons for acquisition of goods are provided by some undertakings, such would be benefits complementing the payment of the wage in cash. Article 7: works stores do not exist in practice and what used to exist in sugar plantations have been abolished. Articles 14(b) and 15(d): as to the workers' information and records of wage payment, section 33 of Act No. 1896 on social security requires the employers with less than 50 workers to keep a book of wages and hours. However, according to the Government, it is expected that the State Secretariat of Labour would elaborate in the near future a document to be used as a book of wages and hours, as authorized under section 33 of Regulation No. 258-93 of 1 October 1993 concerning the application of the Labour Code. The Committee has taken due note of these indications.

With reference to the observation it made at its last session concerning Convention No. 105, the Committee recalls that the above-mentioned organizations consider that the amendments to the legislation, particularly the Labour Code and the various programmes announced by the Government, have led to no significant improvement in the conditions of Haitian workers employed on sugar plantations in the Dominican Republic. Their comments further included particular points concerning the application of the Convention: payment in wage tickets negotiable in the plantation is less common but still exists in some plantations (Articles 3 and 7); it is still common to retain a part of wages until the end of the harvest (Article 12(1) on regular payment); individual contracts are not generalized practice and workers are not adequately informed of the conditions of remuneration (Article 14).

The Committee notes that the Government has not replied to these points. It asks the Government to provide information, with particular reference to workers in sugar plantations, on measures taken to ensure the application in practice of the Labour Code and other legislative provisions concerning the protection of wages, in accordance with Article 16 of the Convention.