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

Maternity Protection Convention, 2000 (No. 183) - Dominican Republic (Ratification: 2016)

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The Committee notes the observations of the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Dominican Workers (CNTD) and the National Confederation of Trade Union Unity (CNUS), received on 9 August 2022. The Committee requests the Government to provide its comments in this regard.

Article 2(1), (2) and (3) of the Convention. Scope of application. The Committee notes the Government’s indication in its report that the Dominican Social Security System has a total of 972,473 women workers paying contributions to the contributory scheme. The Committee observes that the Regulations on the maternity allowance and the nursing allowance, approved by Decision No. 98-02 of 2004, covers all women workers, irrespective of their contractual conditions, hours of work and civil status, who are registered with the contributory scheme of the Dominican Social Security System and have paid contributions for a minimum of eight months out of the 12 months prior to the date of confinement, in accordance with section 132 of Act No. 87-01 of 2001. The Committee notes the allegations by the CASC, CNTD and CNUS that the Convention is not applied in the case of atypical or informal women workers, nor informal workers in general, nor women workers who are in the subsidized health scheme. The Committee once again requests the Government to provide information on the manner in which the application of the Convention is ensured for women engaged in atypical forms of dependent work. The Committee also once again requests the Government to indicate the number of women engaged in atypical forms of dependent work (such as domestic work, telework and temporary work).

Article 3. Health protection during pregnancy and breastfeeding. The Committee takes due note of the Government’s indication that the subject of hazardous and unhealthy work for pregnant women and breastfeeding mothers is being taken into consideration in the amendment and updating of the Labour Code. The Committee trusts that, within the framework of the current process of labour reform and in full consultation with the representative organizations of workers and employers, the Government will give full consideration and respect to the provisions of Article 3 of the Convention.

Article 6(2) and (6). Adequate cash benefits out of social assistance funds. The Committee notes the Government’s indication that women who do not fulfil the conditions set out in section 132 of Act No. 87-01 for entitlement to maternity benefit through the social security system have access to the solidarity pensions established under section 3(C) of Regulation No. 381-13, which are provided to mothers with children under the age of majority who lack sufficient resources to meet their essential needs, among other rights granted by public policies. The Committee further observes that section 65 of Act No. 87-01 provides that the solidarity pension shall be set at an amount equivalent to 60 per cent of the public minimum wage and shall include an additional pension payment for Christmas. The Committee observes that, according to the data of the Central Bank of the Dominican Republic, the price of the basic basket in December 2022 was 43,210.00 Dominican pesos and that the amount of the solidarity pension then was 9,757.50 pesos. The Committee recalls that Article 6(2) of the Convention provides that the cash benefits provided shall be at a level which ensures that the woman can maintain herself and her child in proper conditions of health with a suitable standard of living. In light of the above, the Committee requests the Government to provide information on any additional benefit provided to women workers who are not entitled to social security maternity benefits, in the event of maternity or in respect of their children, to ensure that they can maintain themselves and their children in proper conditions of health and with a suitable standard of living, as required by Article 6(2) of the Convention.

Article 8(2). Right to return to the same position at the end of the maternity leave. The Committee notes the Government’s indication that effect is given to this Article through labour inspection, which ensures that women workers return to their workplace or, failing that, are assigned to light work compatible with their condition. In this context, the Committee expects that the opportunity of the current reform of the labour legislation will be used to consider the inclusion of specific provisions to ensure that women have the guaranteed right to return to the same position or to an equivalent position paid at the same rate at the end of their maternity leave, in accordance with Article 8(2) of the Convention.

Article 9. Measures against discrimination. The Committee takes note of the Government’s indication that international treaties and conventions have immediate application under national law, allowing Article 9 to be directly applicable. The Committee also notes the information that labour inspectors and technicians of the General Directorate of Industrial Hygiene and Safety are geared to take the necessary measures with a view to protecting the rights of pregnant workers in the event that violations in this respect are identified. In view of this, the Committee requests the Government to provide information on how Article 9 is being implemented in practice, including specific information on the efforts of the Labour Inspectorate in this regard.