Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Equal Remuneration Convention, 1951 (No. 100) - Dominican Republic (Ratification: 1953)

The Committee welcomes the signing, on 1 July 2016, of the Tripartite Agreement concerning the Establishment of a Roundtable on Issues relating to International Labour Standards, by representatives of the Ministry of Labour and employers’ and workers’ organizations.

Article 1 of the Convention. Equal pay for work of equal value. Legislation. In its previous comments, the Committee referred to article 62(9) in fine of the Constitution and section 194 of the Labour Code of 1992 and to section 3(4) of the Public Administration Act, No. 41 08, which lay down a principle that is narrower than the principle of equal remuneration for men and women for work of equal value established in the Convention. Article 62(9) in fine of the Constitution provides that “payment of equal wages for work of equal value is guaranteed, without discrimination based on sex or another ground and in identical conditions of ability, efficiency and seniority”, while section 194 of the Labour Code and section 3(4) of Act No. 41-08 provides for “equal wages for equal work, carried out under equal conditions of capacity, effectiveness and seniority, irrespective of the person performing the work”. The Committee notes that in its report the Government refers to the adoption of Presidential Decree No. 286-13 of 2 October 2013, which created the Special Committee to Review and Update the Labour Code, and to the organization of consultations nationwide to elicit proposals for the amendment of the Code, and indicates that the Special Committee is working on the amendment of section 3(4) of the Public Administration Act, No. 41-08. The Committee observes, however, that the Government provides no specific information on the current status of the reform of the Labour Code or the amendment of section 194 in particular. The Committee notes that although it has been raising this matter in its comments for more than 20 years, the General Regulations on wage regulation were adopted in May 2014, section 4 of which does not as yet establish the principle of equal remuneration for men and women for work of equal value and continues to provide for “equal wages for equal work, carried out in equal conditions of capacity, performance and seniority, irrespective of the person performing the work”. The Committee points out that difficulties in applying the Convention in law and practice are often the result of a lack of understanding of the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. The concept includes, but goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is the nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraphs 672–673). The Committee also considers that to limit the concept of “work of equal value” in terms of “identical conditions of ability, efficiency and seniority” (article 62(9) of the Constitution) restricts and narrows the concept established in the Convention, since it ought to be possible to compare tasks performed under different conditions, but which are nonetheless of equal value. The Committee expresses the firm hope that in the framework of the Special Committee to Review and Update the Labour Code, the Government will without delay take the necessary steps to amend section 194 of the Labour Code, section 3(4) of Act No. 41-08 and section 4 of the General Regulations of May 2014 on wage regulation so as to include in these provisions the principle of equal remuneration for men and women for work of equal value, as prescribed by Article 1 of the Convention. The Committee also requests the Government, in a future amendment of the Constitution, to provide for the amendment of article 62(9) in fine to give full legal expression to the principle set out in the Convention. The Committee asks the Government to provide information on any developments in these matters and reminds it that if it so wishes it may seek technical assistance from the Office.

Articles 1 and 2. Gender wage gap. With regard to the measures taken by the Government to address the pay differential between men and women, the Committee takes note of the information supplied by the Government to the effect that under the National Gender Equality and Equity Plan (PLANEG 2007–17) – now the National Gender Equity and Equality Plan 2006–16 – and the National Development Strategy 2010–30, various activities have been promoted including workshops and consultations with the workers’ and employers’ sectors and with civil society in order to generate measures to reduce the wage gap between men and women. The Committee also notes that according to the National Statistics Office, the wage differential dropped from 21.3 per cent in 2014 to 18.1 per cent in 2015. The Committee nonetheless observes that there are still marked differences in the gender wage gap in various regions of the country, in some cases reaching 25 per cent. The Committee further notes that according to the Gender Equality Observatory of the Economic Commission for Latin America and the Caribbean (ECLAC), the reduction is more marked among the less educated because of the recent regulation and formalization of paid domestic work and the differential is greater among the population with a higher level of education, where it can be as much as 25.6 per cent. The Committee requests the Government to continue to take special measures to reduce the marked wage gap between men and women, particularly among the population with a higher level of education, and to tackle its causes, and to provide information on these matters including on the additional measures, and their results, taken under the National Gender Equity and Equality Plan 2006–16 and the National Development Strategy 2010–30. To enable it to assess developments in gender wage differentials, the Committee requests the Government to continue to provide statistical information on men’s and women’s wage rates according to occupational category and in all sectors of economic activity, disaggregated by sex, region, sector and level of employment.

The Committee is raising other matters in a request addressed directly to the Government.