Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Dominican Republic (Ratification: 1998)

Article 4(2) of the Convention. Hours of work. Observing that the Government has not provided statistical information in its report on the number of additional hours performed in the hotels and restaurants sector, the Committee once again requests the Government to provide information in this regard.

Article 5(3). Proportionate leave or payment of wages in lieu. The Committee notes that, in response to its previous comments, the Government refers to section 177 of the Labour Code, which requires employers to grant 14 days of paid annual leave to workers with one to five years of continuous service and 18 days for workers with over five years of continuous service. It also provides that leave may be split (except in cases in which the worker is a minor) by agreement between the worker and employer, but in any case the worker must enjoy a leave period of at least a week. The Government also refers to section 179 of the Labour Code, which provides that workers with permanent employment contracts who, through no fault of their own, are not able to provide uninterrupted services for a duration of one year, have the right to a period of leave proportionate to the period worked, if their length of service is more than five months. Section 180 establishes the relationship between months of service and days of leave for the case outlined in the previous section. The Government adds that some enterprises grant workers more favourable conditions than those established in the labour legislation through the conclusion of collective agreements. Lastly, the Government reports that the labour inspectorate monitors compliance with the right to paid annual leave set out in the legislation and collective agreements. However, the Committee observes that the Government has not provided information on the granting of leave proportionate to length of service or the payment of wages in lieu for workers with short-term or seasonal contracts. The Committee, therefore, once again requests the Government to provide information on how it is guaranteed that workers whose contract expires or whose period of continuous service is not of sufficient duration to qualify for full annual leave enjoy the right to be granted leave proportionate to their length of service or the payment of wages in lieu. The Committee also requests the Government to provide examples of collective agreements that establish more favourable conditions than those set out in the national legislation.