Holidays with Pay Convention, 1936 (No. 52) - Dominican Republic (Ratification: 1956)

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

Previous comments: C.1, C.52 and C.106

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in industry), 52 (holidays with pay) and 106 (weekly rest in commerce and offices) together.

Hours of work

Article 2(c) of Convention No. 1. Averaging of hours of work where persons are employed in shifts. The Committee notes the information provided by the Government in its report indicating that the Ministry of Labour’s guidance is that arrangements such as those mentioned in the previous comment (workweek arrangements of four shifts, each of 12 hours per day during four consecutive days followed by four days of rest) should not be implemented, as they are considered null and void due to the violation of the working hours established in section 147 of the Labour Code. The Commission takes note of this information, which responds to its previous request.

Holidays with pay

Article 2(5) of Convention No. 52. Increase of the duration of the annual holiday with pay. Further to its previous comments, the Committee notes that section 177 of the Labour Code provides that employers are obliged to grant 14 working days of holidays, the remuneration of which follows a scale: workers with 1 to 5 years of continuous service receive wages corresponding to 14 days of holidays, while workers with more than 5 years of service receive wages corresponding to 18 days of holidays. The Committee notes that Article 2(5) of the Convention provides that the duration of the annual holiday with pay, and not just the pay, shall increase with the length of service. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure an increase in the duration of the annual holiday with pay according to the length of service, in accordance with Article 2(5) of the Convention.

Weekly rest

Article 2 of Convention No. 106. Application in the public sector. The Committee notes the information provided by the Government indicating that weekly rest is implicit in section 51 of the Public Service Act No. 41-08, in which the State guarantees 48 hours of uninterrupted rest. The Committee takes note of this information, which responds to its previous request.

Article 8(3). Compensatory rest. With reference to its previous comments, the Committee notes that the Government reports that it is in the process of reviewing the Labour Code with a view to updating it and bringing it into line with ratified international standards and Conventions. The Committee trusts that the announced reform of the Labour Code will make it possible to bring section 164 of the Labour Code into line with Article 8(3) of the Convention. The Committee requests the Government to report on any developments in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the comments of the National Confederation of Trade Union Unity (CNUS) and the Autonomous Confederation of Workers’ Unions (CASC) of 13 December 2013. The CNUS and the CASC indicate that, pursuant to section 177(2) of the Labour Code as interpreted by the Supreme Court, workers with more than five years of service receive wages corresponding to 18 days of holidays, whereas their annual holiday only lasts 14 days, which is similar to workers with less than five years of service. The Committee requests the Government to provide any comments in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, in particular, extracts from reports of the inspection services and, if possible, details of the number of workers covered by the relevant legislation, the number and nature of violations reported and any follow-up action taken, etc.

The Committee takes this opportunity to recall that, following the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 52 is outdated and invited the States parties to this Convention to envisage the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not considered to be fully up to date but remains relevant in certain respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). The Committee requests the Government to keep the Office informed of any decisions taken or envisaged in this regard and recalls that it may, if it so wishes, seek technical assistance from the Office with regard to the legislative amendments necessary as a result of the possible ratification of Convention No. 132.

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

The Committee notes with interest the adoption of Act No. 16-92 of 29 May 1992 promulgating the Labour Code and would be thankful for further information on the following points:

Article 2, paragraphs 2 and 3(a), of the Convention. The Committee requests the Government to indicate whether in practice young workers are granted in all cases the minimum holiday of 14 working days by virtue of section 177 of the Labour Code, not including public holidays. It also requests the Government to supply information on whether in practice workers are granted in all cases the minimum holiday under section 177 of the Labour Code of seven working days, despite the inclusion of public holidays in a worker's annual leave period.