Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Dominican Republic (Ratification: 1956)

Articles 1 and 3 of the Convention. Minimum wage fixing machinery. Further to its previous comment, the Committee notes the Government’s reference to article 62 of the Constitution promulgated on 26 January 2010 which provides that all workers have the right to fair and adequate remuneration that allows them to live decently and cover basic material, social and cultural needs. The Government also refers to the latest resolutions adopted by the National Wages Commission in 2011, which establish minimum wage levels for various categories of workers, including construction workers and agricultural workers. According to the information provided in the Government’s report, monthly minimum wages vary between 4,554 Dominican pesos (DOP) (approximately US$114) in small enterprises in the tourism sector, DOP6,320 (approximately $158) in export processing zones (EPZs), DOP5,000 (approximately $125) in the sugar industry and DOP8,356 (approximately $209) in security services. Moreover, the Government refers to a bilateral agreement of May 2011 fixing minimum wages for the hotel sector. As regards the operation of the National Wages Commission, the Government indicates that its decisions are not unanimous but put to a simple majority vote after open and democratic debate in the presence of all three parties. In reviewing minimum wage rates, the members of the National Wages Commission take into consideration indicators such as the inflation, productivity, the purchasing power of the family basket (canasta familiar) and the financial situation of enterprises concerned.

In this connection, the Committee notes the comments of the Autonomous Confederation of Workers’ Union (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD), which were received on 8 October 2012 and transmitted to the Government on 31 October 2012. According to the three confederations, the manner in which minimum wages are determined does not guarantee the right to fair and adequate wages enshrined in the Constitution as not only may the decisions of the National Wages Commission be taken with the votes of two of the three parties, but there are no clearly defined criteria for minimum wage fixing. The workers’ unions also indicate that minimum wages do not ensure a decent living for the workers and their families. In fact, the current multiplicity of minimum wage rates based on factors, such as the type and size of the enterprise, or the geographical location, shows that very little consideration is given to the workers’ needs. As a result, the minimum wage rates applicable in EPZs, the tourism sector and the sugar industry can hardly cover 50 per cent of the value of the family basket based on figures published by the central bank in February 2011. In the view of the three confederations, a legislative change is needed to set up a genuine minimum wage system, as part of a policy for social protection and poverty reduction, capable of providing socially acceptable income to all workers and their families. The Committee requests the Government to provide any comments it may wish to make in response to the observations of the CASC, CNUS and CNTD.

Article 5 of the Convention and Part V of the report form. Application in practice. The Committee requests the Government to provide in its next report updated information on the application of the Convention in practice, including, for instance, statistics on the number of workers remunerated at the minimum wage rate, the evolution of minimum wage rates compared to the evolution of economic indicators such as the inflation rate, and extracts from reports of the inspection services detailing violations of the minimum wage legislation reported and the penalties imposed.