Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Dominican Republic

Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) (Ratification: 1953)
Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) (Ratification: 1957)

In order to provide an overview of the issues relating to the application of ratified Conventions on night work of young persons, the Committee considers it appropriate to examine Conventions Nos 79 and 90 in a single comment.

Article 3(1) of Conventions Nos 79 and 90. Minimum age at which night work is prohibited. In its previous comment, the Committee noted that Act No. 338 of 29 May 1972 had amended section 224 of the Labour Code, bringing it into conformity with the provisions of the Conventions, including Article 3(1).

The Committee notes that Act No. 16-92 of 29 May 1992 approving the Labour Code repealed Act No. 338 of 29 May 1972. In this regard, it notes that, under section 246 of the Labour Code of 1992, night work is prohibited only for workers under 16 years of age, which is not in conformity with Conventions Nos 79 and 90. The Committee wishes to recall that, in accordance with Article 3(1) of Conventions Nos 79 and 90, the night work or employment of workers under 18 years of age is prohibited. Noting, according to the Government, the ongoing amendment of the Labour Code, the Committee requests the Government to take the necessary measures to ensure that the amendment of the Labour Code complies with the relevant provisions of the Conventions, namely that section 246 of the Labour Code prohibits night work for all workers under 18 years of age. The Committee also requests the Government to provide information on progress made in this regard.