Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Night Work Convention, 1990 (No. 171) - Dominican Republic (Ratification: 1993)

The Committee notes the information provided by the Government in its report, and particularly with regard to the application of Articles 1, 2 and 5 of the Convention.

Article 3. In its previous comments, the Committee noted that the national legislation contains no measures providing special protection for workers performing night work, but that collective agreements on working conditions and labour inspection are designed to protect health and promote the development of workers performing night work. It also noted that, under section 204 of the Labour Code, the wages corresponding to the night period are increased by at least 15 per cent in relation to those for normal hours. The Committee notes the Government's indication that the Committee's comments will be submitted to the Advisory Labour Commission for examination. It notes the Government's intention to take the necessary measures to bring its legislation into conformity with the Convention, in cooperation with the organizations of employers and workers. It requests the Government to provide information on any progress achieved in this respect.

Article 4. The Government states in its report that, although the Labour Code does not guarantee the right to a health assessment for workers before taking up an assignment as a night worker or at regular intervals during such an assignment, all workers are entitled to health assessments by the Dominican Social Security Institute. The Committee once again requests the Government to take the necessary measures to bring its legislation into conformity with the Convention so that no ambiguity remains on this matter. It requests the Government to provide information on the application of Article 4, paragraph 1(c).

Article 6. The Committee notes the Government's statement to the effect that, in cases where the labour or social insurance inspectorate declares a worker to be unfit for night work, the employer shall reassign the worker to a similar position during the day or, where that is not possible, pay the compensation provided for by the law in the event of dismissal. The Committee recalls the Government's statement that there were no provisions giving effect to this Article of the Convention. It therefore requests the Government to take the necessary measures to adopt provisions which give effect to this Article and to provide information on any progress achieved in this respect.

Article 7. In its previous comments, the Committee noted the provisions of sections 236 and 237 of the Labour Code, under which a pregnant woman is entitled to compulsory pre- and post-natal leave for a period of 12 weeks (six weeks before the expected date of childbirth and six weeks afterwards). The Committee recalls that, according to paragraph 1(a) of the Article, measures shall be taken to ensure that an alternative to night work is available before and after childbirth, for a period of at least 16 weeks of which at least eight weeks shall be before the expected date of childbirth. The Committee notes the Government's indication that its comments will be submitted to the Advisory Labour Commission for examination with a view to the adoption of the necessary measures to extend the rest period before and after childbirth for women workers who cannot be freed from night work. It requests the Government to provide information on any progress achieved in this respect.

Articles 9 and 10. In its previous comments, the Committee noted the Government's statement that up to now no measure had been taken in relation to these Articles. The Committee notes the Government's indication that its comments will be submitted to the Advisory Labour Commission for examination. It notes the Government's intention to take the necessary measures to bring its legislation into conformity with these Articles of the Convention. It requests the Government to provide information on any progress achieved in this respect.

Article 11. With reference to the specific questions raised above, the Committee requests the Government to provide information on the measures which have been taken or are envisaged to ensure that all the provisions of the Convention are implemented by national laws or regulations, and on the consultations held with employers' and workers' organizations on this subject.