Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Previous comment

Articles 5, 6 and 7 of the Convention. Payment of wages via bank transfer. With regard to its previous comments, the Committee notes from the Government’s report that a revision of the Labour Code is nearing completion within the Advisory Labour Council, a tripartite body, which will discuss including in the revision the question of workers’ freedom to choose the banking institution in which employers deposit their wages. The Committee requests the Government to continue providing information on the measures taken to guarantee that workers may, if they so wish, choose the banking institution in which employers deposit their wages, including all progress made in revising the Labour Code.

Article 8. Deductions from wages. Limits. The Committee notes with regret that the Government has not responded to the Committee’s request regarding the establishment of a maximum limit in the case of deductions on multiple grounds. The Committee observes that in the absence of a maximum limit, when wages are subject to deductions on multiple grounds, the total amount of the various deductions is such as could either completely or virtually wipe out the wage. In this connection, the Committee recalls the importance of establishing an overall limit beyond which wages cannot be further reduced, in order to protect the income of workers in the case of multiple deductions (see the 2003 General Survey, Protection of wages, paragraphs 254 and 296). Consequently, the Committee again requests the Government to provide information on measures adopted to establish a maximum limit in the case of deductions on multiple grounds, including measures taken under the current revision of the Labour Code.

Article 12. Payment of wages at regular intervals. Final settlement of all wages due. In response to its previous comments, the Committee notes that the Government reports that (i) the Ministry of Labour maintains a constant monitoring system at national level, through the Labour Inspectorate, to ensure effective compliance with all labour standards, including protection of workers’ wages; and (ii) in the period from 2018 to July 2022, a total of 429 violations of wage protection were recorded. The Committee notes that that the Government does not provide information on the number of penalties imposed and on measures taken to remedy damage caused. The Committee requests the Government to continue to provide information on the application in practice of Article 12 of the Convention, including the number of inspections undertaken and violations detected in respect of payment of wages at regular intervals and final settlement of wages upon termination of a contract of employment, the number of penalties imposed and the remedies applied, including not only payment in full of the amounts owed, but also fair compensation for losses incurred resulting from the late payment.

Article 14(b). Information to be provided to the worker at the time of each payment of wages. In response to its previous comments, the Committee notes that the Government indicates that the aim of the current revision of the Labour Code is to bring the Code into line with ratified international labour standards. It also indicates that labour inspectors are instructed to monitor compliance with Article 14(b) throughout the country. While noting the information provided by the Government, the Committee requests it to continue to provide information on the measures adopted to give effect to Article 14(b) of the Convention.