Hours of Work (Industry) Convention, 1919 (No. 1) - Dominican Republic (Ratification: 1933)

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 by the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), of 28 November 2013, which allege that various enterprises established in Export Processing Zones pursuant to Act No. 8-90 on Promotion of Export Processing Zones, follow a “four-by-four” workweek arrangement (four shifts, each of 12 hours per day during four consecutive days followed by four days of rest) and that such an arrangement implies an average of 10.6 hours of work on average per year, in violation of Article 2(b) and (c) of the Convention, and is likely to affect the health and life of workers. The Committee requests the Government to provide its observations therein.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Part VI of the report form. Practical application. The Committee notes the information provided by the Government concerning the work of the labour inspection services for the period 2007–08. In this respect, the Committee requests the Government to continue providing general information on the manner in which the Convention is applied in practice including, for instance, statistics on the number of workers covered by the legislation in force, extracts from reports of the inspection services indicating the number and nature of violations reported and the sanctions imposed, copies of relevant collective agreements, recent studies on subjects covered by the Convention, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Part V of the report form. The Committee notes the Government’s statement that the Convention is applied satisfactorily in practice. In this connection, it asks the Government to supply additional information in its next report, such as extracts of labour inspection reports and any relevant available data or statistics related to hours of work, as requested in Part V of the report form.