Equal Remuneration Convention, 1951 (No. 100) - Dominican Republic (Ratification: 1953)

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

Previous comment

Articles 1 and 2 of the Convention. Gender wage gap. The Government states in its report that in 2022, for the first time in the integrated labour registration system (SIRLA), women’s wages were one per cent higher than those of men, whereas in 2020 and 2021, their wages represented respectively 71 and 79 per cent of men’s wages. With regard to the measures taken to reduce the gender pay gap, the Committee notes that: (1) the Government states that the Department for Equal Opportunities of the Ministry of Labour raised the awareness of private enterprises on equal pay for men and women for “equal work”; and: (2) the Third National Gender Equality and Equity Plan (2020-2030) included as priorities the “reduction and elimination of wage discrimination to ensure that women receive the same wages as men for the same work”. The Committee requests the Government to provide information on all steps taken to reduce and raise awareness of the gender wage gap, taking care to ensure that these are not restricted to wage discrimination for “equal”, “the same” or “similar” work, but also cover wage discrimination for work of “equal value”. It also asks the Government to provide information on any measures taken to promote objective employment evaluation. The Committee also requests the Government to continue providing detailed information on the SIRLA statistical data, including on men’s and women’s wage rates disaggregated by occupational category and level of employment, and sector of economic activity.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee again requests the Government to provide information on the measures taken or envisaged to promote the cooperation of workers’ and employers’ organizations in the implementation of the Convention, particularly those taken under the “Tripartite Agreement of the Dominican Republic to establish a committee to address issues relating to international labour standards”.

Labour inspection. The Committee notes the Government’s statement that the labour inspectors monitor application of the principle of “equal remuneration for work of equal value”, but the Government provides no details of the results of the inspections conducted. The Committee requests the Government to provide information on violations of the principle of the Convention detected by the labour inspectors, the remedies awarded, and the penalties imposed. Please also provide information on all activities and measures undertaken by the labour inspectorate that concern the application of the principle of the Convention.

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

Previous comment

Articles 1(b) and 2(2)(a) of the Convention.Equal pay for work of equal value. Legislation. The Committee takes note of the Government’s information about awareness-raising on “equal pay for men and women workers who perform equal work, under equal conditions, according to occupation, skills and abilities, regardless of their physical characteristics or situations”. However, the Committee notes that the principle of the Convention is equal pay for work of equal value, which is not exactly the same as what is being addressed in awareness-raising measures. In any case, the Committee notes with regret that despite the time elapsed since the ratification of the Convention, measures have not been taken to give full legal expression to the principle of the Convention. The Committee requests the Government to take the necessary steps to amend section 194 of the Labour Code, section 3(4) of Act No. 41-08 and section 4 of the General Regulations of May 2014 on wage regulation so as to include in these provisions the principle of equal remuneration for men and women for work of equal value, as provided by Article 1 of the Convention, and to provide information on all progress made in that respect. The Committee also requests the Government, in a future amendment of the Constitution, to provide for the amendment of section 62(9) in fine, to give full expression to the principle of the Convention. The Committee reminds the Government that, if it so wishes, it may avail itself of technical assistance from the Office in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 4 of the Convention. Cooperation with employers’ and workers’ organizations. In its previous comments, the Committee requested the Government to take the necessary measures to promote the cooperation of workers’ and employers’ organizations in the implementation of the Convention. The Committee notes in this connection that, according to the Government, workshops, conferences and consultations with employers’ and workers’ organizations, civil society organizations and Labour Ministry bodies have been held with the aim of devising measures to reduce the wage gap between men and women. The Committee welcomes proactive measures, including awareness-raising measures, designed fully to achieve equal pay for work of equal value. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote the cooperation of workers’ and employers’ organizations in the implementation of the Convention, particularly those taken under the “Tripartite Agreement of the Dominican Republic to establish a Committee to address issues relating to International Labour Standards”.

Labour inspection. In its previous comments, the Committee requested the Government to send information on complaints of wage discrimination received by the labour inspectorate. The Committee notes that, according to the Government, no complaints of wage discrimination have been received. The Committee emphasizes the labour inspectorate’s important role in preventing wage discrimination, and points out the need for inspectors to be given adequate training to increase their capacity to prevent, detect and remedy instances of wage discrimination (see 2012 General Survey on the fundamental Conventions, paragraphs 872–875). The Committee requests the Government to send information in this regard, and on all activities and measures undertaken by the labour inspectorate that concern the application of the principle of the Convention.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee welcomes the signing, on 1 July 2016, of the Tripartite Agreement concerning the Establishment of a Roundtable on Issues relating to International Labour Standards, by representatives of the Ministry of Labour and employers’ and workers’ organizations.

Article 1 of the Convention. Equal pay for work of equal value. Legislation. In its previous comments, the Committee referred to article 62(9) in fine of the Constitution and section 194 of the Labour Code of 1992 and to section 3(4) of the Public Administration Act, No. 41 08, which lay down a principle that is narrower than the principle of equal remuneration for men and women for work of equal value established in the Convention. Article 62(9) in fine of the Constitution provides that “payment of equal wages for work of equal value is guaranteed, without discrimination based on sex or another ground and in identical conditions of ability, efficiency and seniority”, while section 194 of the Labour Code and section 3(4) of Act No. 41-08 provides for “equal wages for equal work, carried out under equal conditions of capacity, effectiveness and seniority, irrespective of the person performing the work”. The Committee notes that in its report the Government refers to the adoption of Presidential Decree No. 286-13 of 2 October 2013, which created the Special Committee to Review and Update the Labour Code, and to the organization of consultations nationwide to elicit proposals for the amendment of the Code, and indicates that the Special Committee is working on the amendment of section 3(4) of the Public Administration Act, No. 41-08. The Committee observes, however, that the Government provides no specific information on the current status of the reform of the Labour Code or the amendment of section 194 in particular. The Committee notes that although it has been raising this matter in its comments for more than 20 years, the General Regulations on wage regulation were adopted in May 2014, section 4 of which does not as yet establish the principle of equal remuneration for men and women for work of equal value and continues to provide for “equal wages for equal work, carried out in equal conditions of capacity, performance and seniority, irrespective of the person performing the work”. The Committee points out that difficulties in applying the Convention in law and practice are often the result of a lack of understanding of the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. The concept includes, but goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is the nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraphs 672–673). The Committee also considers that to limit the concept of “work of equal value” in terms of “identical conditions of ability, efficiency and seniority” (article 62(9) of the Constitution) restricts and narrows the concept established in the Convention, since it ought to be possible to compare tasks performed under different conditions, but which are nonetheless of equal value. The Committee expresses the firm hope that in the framework of the Special Committee to Review and Update the Labour Code, the Government will without delay take the necessary steps to amend section 194 of the Labour Code, section 3(4) of Act No. 41-08 and section 4 of the General Regulations of May 2014 on wage regulation so as to include in these provisions the principle of equal remuneration for men and women for work of equal value, as prescribed by Article 1 of the Convention. The Committee also requests the Government, in a future amendment of the Constitution, to provide for the amendment of article 62(9) in fine to give full legal expression to the principle set out in the Convention. The Committee asks the Government to provide information on any developments in these matters and reminds it that if it so wishes it may seek technical assistance from the Office.

Articles 1 and 2. Gender wage gap. With regard to the measures taken by the Government to address the pay differential between men and women, the Committee takes note of the information supplied by the Government to the effect that under the National Gender Equality and Equity Plan (PLANEG 2007–17) – now the National Gender Equity and Equality Plan 2006–16 – and the National Development Strategy 2010–30, various activities have been promoted including workshops and consultations with the workers’ and employers’ sectors and with civil society in order to generate measures to reduce the wage gap between men and women. The Committee also notes that according to the National Statistics Office, the wage differential dropped from 21.3 per cent in 2014 to 18.1 per cent in 2015. The Committee nonetheless observes that there are still marked differences in the gender wage gap in various regions of the country, in some cases reaching 25 per cent. The Committee further notes that according to the Gender Equality Observatory of the Economic Commission for Latin America and the Caribbean (ECLAC), the reduction is more marked among the less educated because of the recent regulation and formalization of paid domestic work and the differential is greater among the population with a higher level of education, where it can be as much as 25.6 per cent. The Committee requests the Government to continue to take special measures to reduce the marked wage gap between men and women, particularly among the population with a higher level of education, and to tackle its causes, and to provide information on these matters including on the additional measures, and their results, taken under the National Gender Equity and Equality Plan 2006–16 and the National Development Strategy 2010–30. To enable it to assess developments in gender wage differentials, the Committee requests the Government to continue to provide statistical information on men’s and women’s wage rates according to occupational category and in all sectors of economic activity, disaggregated by sex, region, sector and level of employment.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 4 of the Convention. Cooperation with employers’ and workers’ organizations. The Committee notes the information from the Government to the effect that employers’ and workers’ organizations are consulted about public policies relating to the world of work and that there are tripartite bodies such as the National Wages Committee, the National Social Security Council and the Board of Directors of the National Institute for Technical Vocational Training. In addition, the Ministry of Labour has a National Employment Committee, a Labour Advisory Committee, the “White Paper” and a National Council for Occupational Safety and Health. The Government also provides information on the training and awareness-raising activities conducted for workers’ and employers’ organizations. The Committee observes, however, that nothing in the information supplied indicates that the abovementioned bodies deal with matters relating to the application of the Convention, such as the application of the principle of equal remuneration for men and women for work of equal value, the pay gap or occupational segregation. The Committee emphasizes that proactive measures, including awareness raising, are essential if equal remuneration for men and women for work of equal value is to be fully achieved. The Committee asks the Government to take the necessary steps to promote cooperation with workers’ and employers’ organizations in implementing the Convention and to provide information on any initiatives taken in this area.

Part III of the report form. Labour inspection. The Committee asks the Government to continue to send information on the work of the Labour Inspectorate, particularly in connection with complaints of wage discrimination and the processing of such cases.

Part V. Application in practice. The Committee notes the abundant statistical information sent by the Government, particularly the statistics on employment status broken down by sex and occupational group covering the last 20 years. The Committee asks the Government to continue to send statistical information on the distribution of men and women in the various types of economic activity, by occupational category and in particular by level of income, including in the export processing zones.

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

The Committee notes the observations of the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), received on 8 October 2012. The Committee asks the Government to send its comments in this respect.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments the Committee referred to the need to amend section 194 of the Labour Code and section 3(4) of Act No. 41-08 of 2008, which provide for “equal wages for equal work, in terms of capacity, performance and seniority, irrespective of the person performing the work”. It also noted that article 62(9) in fine of the new Constitution – adopted on 26 January 2010 – lays down that “payment of equal wages for work of equal value is guaranteed, without discrimination based on sex or other grounds and under identical conditions of capacity, effectiveness or seniority”. The Committee notes the Government’s statement that in the context of the discussions on the amendment of the Labour Code it is proposed to amend section 194 to align it with the principle of the Convention. As regards Act No. 41-08, the Ministry of Public Administration will convey the Committee’s observations to the legislators with a view to including a provision towards this end in the Bill issuing wage regulations which is before the Justice Commission of the Chamber of Deputies. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. This concept includes equal remuneration for “equal”, “the same” or “similar” work, but it also encompasses jobs which are of an entirely different nature but which are nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee also considers that defining the concept of “work of equal value” in terms of “identical conditions of capacity, performance or seniority” restricts the concept laid down in the Convention, since it is also necessary to compare jobs which are performed under different conditions but which are nevertheless of equal value. The Committee asks the Government to continue to take the necessary steps to ensure that the amendment to section 194 fully reflects the principle of the Convention and is adopted as soon as possible by the National Congress. The Committee asks the Government to send a copy of the amended legislation once it has been adopted. The Committee also asks the Government to provide information on the measures taken with a view to fully harmonizing section 3(4) of Act No. 41-08 with the Convention and to indicate whether the Act issuing wage regulations has been adopted.

Gender pay gap and occupational segregation. In its previous observation the Committee noted the observations made by the CNUS, CASC and CNTD dated 31 August 2011, according to which the pay differential between men and women in 2011 was 16.6 per cent despite the fact that the percentage of women with higher education qualifications is greater than that of men. The Committee notes the Government’s indication that on 12 January 2012 the Act confirming the National Development Strategy 2010–30 was adopted, establishing that all public plans, programmes, projects and policies must incorporate gender mainstreaming in the various spheres of action, in order to identify situations of gender discrimination and to adopt actions contributing to gender equity. As regards specific aspects of the remuneration gap, the Government indicates that the current progressive legal framework has made it possible to reduce differences in rates of pay. The Government adds that although the National Labour Survey (ENFT) indicates that there is a greater proportion of men participating in the labour market and that a greater proportion of wages are therefore paid to men, the difference in participation and remuneration between men and women has been reduced in recent years, and in the public sector technical studies are being conducted to determine what it would cost to reduce the current pay gap. The Committee also notes the Government’s indication in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the implementation of the electronic system for the registration of enterprises and workers, designed to obtain information on pay disaggregated by sex and occupation, will enable public policies to be formulated with the objective of eliminating and preventing any gender pay differentials. The Committee also notes that the National Plan on Gender Equity 2006–16 (PLANEG 2006–16) recognizes the existence of a gender pay gap and the need to draw up legislation to tackle the issue. The Committee also observes that, according to the statistics supplied by the Government, there is marked occupational segregation, with women significantly outnumbered by men in traditionally “male” jobs (agriculture and stockbreeding, mining, construction and transport), whereas the unemployment rate for women is twice as high as the rate for men. The Committee recalls that pay differentials remain one of the most persistent forms of inequality between women and men. The continued persistence of significant gender pay gaps requires that governments, along with employers’ and workers’ organizations, take more proactive measures to raise awareness, make assessments and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. Collecting, analysing and disseminating this information is important in identifying and addressing inequality in remuneration (see General Survey, 2012, paragraphs 668 and 669). The Committee asks the Government to take specific measures to tackle the pronounced gender pay gap and to send information in this regard, including on the measures taken in the context of PLANEG 2006–16 and the National Development Strategy 2010–30. The Government is also requested to indicate whether the electronic system for the registration of enterprises and workers has been implemented. Further, recalling that inequalities in wages can originate from the segregation of men and women in certain sectors and occupations, the Committee asks the Government to send information on the measures taken or contemplated to improve women’s access to a greater variety of employment opportunities at all levels.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the copies of the rulings by the Supreme Court of Justice recognizing the principle of equal remuneration. The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to reiterate its previous direct request on the following matters:

Repetition

Article 4 of the Convention. Collaboration with employers’ and workers’ organizations. The Committee notes the Government’s indication that the Secretariat of State for Labour implements ad hoc programmes for employers and workers to raise awareness of equality of remuneration that has to be achieved in the world of work. These programmes include radio and television publicity campaigns, brochures, posters, targeted workshops organized jointly by the Department for Gender Equity and the Directorate of Industrial Relations. The Committee requests the Government to provide more detailed information on the results achieved by these programmes in relation to the implementation of the principle of equal remuneration for men and women for work of equal value in practice and on any other initiatives taken in collaboration with employers’ and workers’ organizations and implemented by the Department for Gender Equity and the Directorate of Industrial Relations.

Part III of the report form. Labour inspections. The Committee notes the Government’s indication that, with a view to ensuring equal remuneration between men and women workers, the labour inspection services have a system of statistical data covering all supervisory activities relating to equal remuneration. The Committee requests the Government to provide full statistical and other information collected by the inspection services in the context of their supervisory activities relating to the application of the principle of equal remuneration for men and women for work of equal value.

...

Part V. Application in practice. With regard to statistical data on the distribution of men and women in the various types of activities, by occupational category and level of remuneration, the Committee notes that the Government has not provided any information on this point. In this respect, it refers to its general observation of 1998 in which it emphasized the fact that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing remuneration gap between men and women. The Committee recalls that more complete information is required in order to permit an adequate evaluation of the nature, extent and causes of the pay differential between men and women and the progress achieved in implementing the principle of the Convention. The Committee therefore urges the Government to supply statistical data on the distribution of men and women in the various types of activities, by occupational category and remuneration level, including in export processing zones and national production sectors. The Committee also requests the Government to provide information on all the benefits paid in all branches of economic activity, and particularly on the wages paid in export processing zones and the hotel industry.

The Committee hopes that the Government will make every effort to take the necessary measures in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations received on 31 August 2011 from the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), reporting that although more women than men undergo higher education, there is a 27 per cent wage differential between men and women. The Committee asks the Government to send its comments on this matter.

The Committee notes that the Government’s report contains no reply to its previous comments in a number of important aspects. It is therefore bound to reiterate its previous observation on the following matters:

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. In its previous comments, the Committee noted that the tripartite committee appointed by the Labour Advisory Council in July 2007 had drafted an amendment to section 194 of the Labour Code with a view to including in the legislation the concept of equal remuneration for men and women for “work of equal value”. The Committee notes that the Government’s report does not provide any information on the progress made with this draft text. It recalls that it has been commenting on this subject for many years and that section 194 in its current wording does not give full effect to the Convention as it does not include the concept of “work of equal value”.

The Committee also notes that, in the same way as section 194, section 3(4) of Act No. 41-08 of 16 January 2008 on the public service provides for: “equal wages for equal work, in terms of capacity, performance and seniority, irrespective of the person performing the work”. Similarly, article 62(9) in fine, of the new Constitution, adopted on 26 January 2010, lays down that “the payment of equal wages for work of equal value is guaranteed, without discrimination based on sex or other grounds and under identical conditions of capacity, effectiveness and seniority”. The Committee notes that by defining the concept of “work of equal value” in terms of “identical conditions of capacity, effectiveness and seniority”, the constitutional definition of the concept appears to be narrower than the term used in the Convention, as it should be possible to compare jobs carried out under different conditions, but which are nevertheless of the same value. The Committee notes with regret that the Government did not take the opportunity of these legislative and constitutional reforms to reflect the principle of the Convention fully.

The Committee wishes to refer in this respect to its 2006 general observation in which it emphasizes that the concept of equal remuneration for “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and urges governments to take the necessary steps to amend their legislation to provide not only for equal remuneration for equal, the same or similar work, but also to prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee therefore urges the Government to take the necessary measures to ensure that the amendment of section 194 fully reflects the principle of the Convention and is adopted by the National Congress in the very near future, and to provide a copy once it has been adopted. The Committee also requests the Government to provide fuller information on wage inequalities in the public sector and on the measures taken to bring section 3(4)of Act No. 41-08, the wording of which is identical to that of section 194 of the Labour Code, into full conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to adopt the necessary measures in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 4 of the Convention. Collaboration with employers’ and workers’ organizations. The Committee notes the Government’s indication that the Secretariat of State for Labour implements ad hoc programmes for employers and workers to raise awareness of equality of remuneration that has to be achieved in the world of work. These programmes include radio and television publicity campaigns, brochures, posters, targeted workshops organized jointly by the Department for Gender Equity and the Directorate of Industrial Relations. The Committee requests the Government to provide more detailed information on the results achieved by these programmes in relation to the implementation of the principle of equal remuneration for men and women for work of equal value in practice and on any other initiatives taken in collaboration with employers’ and workers’ organizations and implemented by the Department for Gender Equity and the Directorate of Industrial Relations.

Part III of the report form. Labour inspections. The Committee notes the Government’s indication that, with a view to ensuring equal remuneration between men and women workers, the labour inspection services have a system of statistical data covering all supervisory activities relating to equal remuneration. The Committee requests the Government to provide full statistical and other information collected by the inspection services in the context of their supervisory activities relating to the application of the principle of equal remuneration for men and women for work of equal value.

Part IV. Court rulings. The Committee notes the Government’s indication that the judicial authorities, through the various rulings handed down by national courts, have set forth the principle of equal remuneration. It notes in particular the reference to the ruling of the Supreme Court of Justice of 25 January 2006 declaring receivable the complaint lodged by a woman for sex discrimination. The Committee requests the Government to provide a copy of this court ruling and any other ruling handed down relating to the application of the principle of equal remuneration for men and women for work of equal value.

Part V. Application in practice. With regard to statistical data on the distribution of men and women in the various types of activities, by occupational category and level of remuneration, the Committee notes that the Government has not provided any information on this point. In this respect, it refers to its general observation of 1998 in which it emphasized the fact that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing remuneration gap between men and women. The Committee recalls that more complete information is required in order to permit an adequate evaluation of the nature, extent and causes of the pay differential between men and women and the progress achieved in implementing the principle of the Convention. The Committee therefore urges the Government to supply statistical data on the distribution of men and women in the various types of activities, by occupational category and remuneration level, including in export processing zones and national production sectors. The Committee also requests the Government to provide information on all the benefits paid in all branches of economic activity, and particularly on the wages paid in export processing zones and the hotel industry.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. In its previous comments, the Committee noted that the tripartite committee appointed by the Labour Advisory Council in July 2007 had drafted an amendment to section 194 of the Labour Code with a view to including in the legislation the concept of equal remuneration for men and women for “work of equal value”. The Committee notes that the Government’s report does not provide any information on the progress made with this draft text. It recalls that it has been commenting on this subject for many years and that section 194 in its current wording does not give full effect to the Convention as it does not include the concept of “work of equal value”.

The Committee also notes that, in the same way as section 194, section 3(4) of Act No. 41-08 of 16 January 2008 on the public service provides for: “equal wages for equal work, in terms of capacity, performance and seniority, irrespective of the person performing the work”. Similarly, article 62(9) in fine, of the new Constitution, adopted on 26 January 2010, lays down that “the payment of equal wages for work of equal value is guaranteed, without discrimination based on sex or other grounds and under identical conditions of capacity, effectiveness and seniority”. The Committee notes that by defining the concept of “work of equal value” in terms of “identical conditions of capacity, effectiveness and seniority”, the constitutional definition of the concept appears to be narrower than the term used in the Convention, as it should be possible to compare jobs carried out under different conditions, but which are nevertheless of the same value. The Committee notes with regret that the Government did not take the opportunity of these legislative and constitutional reforms to reflect the principle of the Convention fully.

The Committee wishes to refer in this respect to its 2006 general observation in which it emphasizes that the concept of equal remuneration for “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and urges governments to take the necessary steps to amend their legislation to provide not only for equal remuneration for equal, the same or similar work, but also to prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee therefore urges the Government to take the necessary measures to ensure that the amendment of section 194 fully reflects the principle of the Convention and is adopted by the National Congress in the very near future, and to provide a copy once it has been adopted. The Committee also requests the Government to provide fuller information on wage inequalities in the public sector and on the measures taken to bring section 3(4)of Act No. 41-08, the wording of which is identical to that of section 194 of the Labour Code, into full conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that in 2006, the Gender Department provided, in coordination with the Directorate of Employment and International Affairs, 17 workshops on the rights of women workers and a forum focusing on gender. The Committee welcomes the organization of such activities by the Gender Department and asks the Government in its next report to provide specific information on the work done by the Gender Department to promote the principle of the Convention, and its impact.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 1 and 2 of the Convention. In its previous comments the Committee asked the Government to introduce the concept of equal pay for men and women workers for work of equal value, by amending section 194 of the Labour Code to ensure better application of the Convention. The Committee notes that the Tripartite Committee appointed by the Labour Advisory Council in July 2007 has drafted an amendment to section 194 of the Labour Code in order to bring it into line with the Convention. The Committee hopes that the amendment will incorporate the principle of the Convention in full and asks the Government to send a copy of the amendment once it has been adopted by the National Congress.

2. The Committee notes that in its report, the Government again states that the ratio of women to men in top management positions and high-level offices is still three to one. The Committee notes, however, that the Government’s statistics provide no information disaggregated by sex on the distribution of posts or the amounts received as remuneration. It also notes from the statistics supplied that women account for 50 per cent of the workforce in export processing zones and only 31 per cent in the country’s production sectors. The Committee urges the Government in its next report to supply statistical information on the distribution of men and women in the various types of activity, broken down by occupational category and remuneration both in the export processing zones and in the country’s production sectors. The Committee repeats its request for information on emoluments paid by employers in all branches of economic activity, focusing in particular on data for the export processing zones and the hotel industry.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Articles 1 and 2 of the Convention. With regard to the efforts to amend section 194 of the Labour Code in order to modify the narrow concept of “equal pay for equal work and the same ability, efficiency or seniority, whosoever performs it”, in order to align it with the principle of the Convention, the Committee notes the Government’s statement that the Advisory Council on Wages has not yet met and so has had no opportunity to consider the matter. The Committee trusts that the Government will be in a position to provide information in its next report on progress made in bringing the legislation into line with the Convention.

2. The Committee notes that, according to the Government, there is no sex-based discrimination in wages and statistics show that more women are employed in management jobs in public and private sector enterprises, the ratio being 3 to 1 in top management positions. The Committee notes that the statistics sent by the Government give figures for men and women employed in the hotel sector and in export processing zones but give no data disaggregated by sex on the distribution of posts or the amounts received as remuneration. The Committee would be grateful if in its next report the Government would provide this information, including all emoluments paid by the employer, with reference to all branches of economic activity, focusing in particular on data for the export processing zones and the hotel industry.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report, including the statistics, as well as the comments made by the International Confederation of Free Trade Unions (ICFTU) in October 2002 on matters related to the application of the Convention, and the Government’s reply.

1. According to the ICFTU’s communication, women regularly earn lower remuneration than men for work of equal value and furthermore, despite the fact that there have for several years been more women than men in higher education, most positions of higher responsibility in all areas are occupied by men. The Government replies that the situation changed some years ago in both the public and private sectors, including the situation of women employed in export processing zones. The Committee also notes the information provided by the Government in its report on the application of Convention No. 111 indicating that women receive wages that are equal to or greater than those of men, principally due to the managerial posts that they occupy. The Committee would be grateful if the Government would provide, with its next report, statistical data disaggregated by sex on the remuneration of workers in each branch of activity, with particular reference to data on export processing zones and the hotel industry.

2. In its previous comments, the Committee noted that a draft text was to be submitted to the Congress to modify the restrictive concept set out in section 194 of the Labour Code, thereby bringing it into conformity with the principle of equal remuneration for men and women workers for work of equal value, as set forth in the Convention. The Committee notes that the Government has not provided information on this amendment in its last report and trusts that in its next report it will indicate that this section has been amended to give full effect to the principle set out in the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report, including the statistical data. The Committee also notes the comments sent by the International Confederation of Free Trade Unions (ICFTU) on matters related to the application of the Convention, received by the Office on 4 October 2002, which have been forwarded to the Government so that it can make its observations thereon. The Committee will examine the Government’s report, ICFTU comments and any additional information received at its next session.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  Having noted that the wage gap in export free zones (RD$3,624.00 for men and RD$2,590.30 for women) is due to the fact that men hold higher positions than women, the Committee - as it already stated in its comments concerning Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - wishes to be kept informed regarding the development of training activities in export free zones to allow women access to better qualified employment and regarding reductions in the wage gap, which is due to differences in qualifications.

2.  Please supply information on the existing collaboration with the relevant employers’ and workers’ organizations in the application of the provisions of the Convention. Please also indicate if this collaboration exists in export free zones and specify the forms that it has taken.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee takes note of the Government’s report as well as the statistical annex. In its earlier comments, it referred to the restrictive nature of the requirements set forth in section 194 of the Labour Code, which provides that there shall be equal pay for equal work in specific conditions. It notes with interest that, in view of these comments, the Government submitted the Committee of Experts’ suggestion of incorporating in national legislation the concept of work of equal value to the Advisory Labour Council, a tripartite body, which approved it. An appropriate amendment will be placed before Congress, with a view to the amendment of the abovementioned section 194 during the period beginning in August 2000. Noting that such amendments will bring the law into harmony with the current interpretation of the legislation in force, the Committee hopes that the amendment will be approved during the present year and asks to be kept informed on this amendment, and also on its application.

2.  A request concerning other points is being addressed directly to the Government.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

In previous comments, the Committee had suggested that the Government introduce the concept of work of equal value, amending section 194 of the Labour Code, which provides for "equal pay for equal work", in order to ensure greater application of the Convention.

The Committee notes with interest that the Government indicates in its report that in order to implement the Committee's recommendation to introduce the concept of work of equal value into its legislation, the Government intends to consult with the social partners and hopes to be able to submit a bill to Congress amending section 194 of the Labour Code. The Committee expresses its hope that the Government will keep it informed of any progress made in this regard.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's reports and the attached detailed statistical information on collective agreements and labour inspections.

1. The Committee notes that, according to the Government, although section 194 of the Labour Code provides that there shall be equal pay for equal work, the labour administration authorities, when applying the Convention, interpret this provision to mean equal pay for work of equal value. The Committee asks the Government to supply examples of legal decisions which have applied or interpreted in a broader sense the terms used in section 194 of the Labour Code. The Committee suggests that the Government introduce formally the concept of work of equal value since the term "equal work" may lead to ambiguity in its application since it can be interpreted to mean "the same" or "equal in quality, nature or status", or "of identical value".

2. The Committee notes with interest the "Study on minimum wages in the Dominican economy", May 1996, which was attached to the report. Part IV of the study "Comparison between men's and women's wages" indicates that in the free trade zone enterprises and public institutions sampled there was no difference relating to the gender of the person engaged in work and wages were allocated to the job without taking into account the sex of the worker. There was a wage gap in the government institutions examined (where the average monthly wage was higher for women: RD$5,171.30 for female employees and RD$5,114.20 for male employees), due to the predominance in the sample of schoolteachers who are mostly women and whose salaries were increased recently. Furthermore, it emerges from the copies of collective agreements in free trade zones supplied by the Government, that the components of remuneration (including payment of overtime) are paid without distinction as to the worker's sex. Nevertheless, this publication, prepared by the Secretary of State for Labour, shows that in the enterprises covered by the sample, the average wage per month was RD$3,624 for men and only RD$2,590.30 for women. The Committee would be grateful if the Government would provide information as to whether it is carrying out studies into the reasons for this difference; and, if so, to supply copies of the results of this research.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report and the adoption on 29 May 1992 of the new Labour Code, which was prepared with the assistance of the Office.

1. In view of the fact that section 5 of the Labour Code excludes from its scope the following categories of workers (independent workers in the liberal professions, workers paid on commission, commercial agents, and sharecroppers), the Committee requests the Government to indicate how they are covered by the principle set out in the Convention.

2. The Committee notes the information concerning the gradual application of Act No. 14/91 on the public service and administrative careers and the statement that it was due to be applied in October 1993 to the Secretariat of State for Labour, particularly through staff courses on the nature and scope of the Act. The Committee requests the Government to indicate the progress achieved in the application of this Act.

3. The Committee once again requests the Government to provide copies of the wage scales applicable in the public service, including the distribution of men and women at the various levels, in order to enable the Committee to analyse the manner in which the principle set out in the Convention is applied.

4. The Committee notes the information supplied by the Government on wage levels in industrial free trade zones and requests the Government to supplement the information by indicating the wages of men and women workers. It also requests the Government to report whether collective agreements have been concluded which indicate the wage levels agreed upon, and to transmit copies of such agreements.

5. The Committee notes with interest the information and statistics concerning the periodical and special visits made by the inspection services and the records which have been verified. The Committee would be grateful if the Government would continue to supply information indicating the number of violations committed and the penalties imposed in relation to the principle of equality of remuneration throughout the national territory.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Referring to its previous observation, the Committee notes with satisfaction the information contained in the Government's report concerning the new Labour Code of 29 May 1992 (prepared with ILO assistance in certain domains), in particular that, by virtue of section 281, the provisions of the Code apply to all agricultural enterprises, thus answering the concerns previously expressed by the Committee as to the application of the principle of the Convention to employees in certain small agricultural undertakings.

The Committee notes, however, that section 194 of the new Code states that "There shall be equal pay for equal work carried out in conditions of identical skill, efficiency and length of service, no matter who carries out the work", thus continuing to give only partial effect to Article 2 of the Convention, which requires a ratifying State to apply to all workers the principle of equal remuneration for men and women workers for work of equal value. The Committee would refer the Government to paragraphs 19 to 23 and 44 to 65 of its 1986 General Survey on Equal Remuneration, where it explains that the ILO instrument goes beyond a reference to the same or similar work, in choosing the "value" of the work as the point of comparison. Recalling that the Committee had suggested amendment of the previous Code so as to introduce the concept of "work of equal value", and also noting that the Fundamental Principles set out in the new Labour Code specifically prohibit discrimination in employment on the ground of sex and state that women workers shall have the same rights and obligations as male workers, the Committee would ask the Government to indicate, in its next report, how the principle of the Convention is implemented with regard to work that, though different in nature, is of the same value by providing, for instance, copies of court decisions concerning the interpretation of section 194 and the Fundamental Principles of the new Labour Code.

2. Article 3. The Committee notes from the Government's report that, as already indicated in earlier reports, it has contacted the Inter-American Centre for Labour Administration (CIAT) requesting technical assistance in updating the National Dictionary of Occupations for use in job descriptions and objective job evaluations. The Committee welcomes this initiative and asks the Government to keep it informed of progress in this technical assistance provided by the CIAT, which should enable better application of this Article in practice.

3. The Committee is addressing a direct request to the Government on certain other points.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee refers to its observation. Furthermore, the Committee requests the Government to supply information in its next report on the following points:

1. The Committee notes with interest Act No. 1419, of 20 May 1991, respecting the civil service and careers in the administration, and particularly sections 13, 14, 34 and 35, which provide for the establishment and operation of a system for the classification and evaluation of jobs. The Committee requests the Government to indicate the measures that have been taken to give effect to this Act.

2. The Committee requests the Government to provide copies of the wage scales applicable in the public service, including the distribution of men and women at the various levels.

3. The Committee also requests information on the current wage levels in the various sectors in which a large number of women are employed, and in particular in industrial free trade zones in which, according to a previous report of the Government, there are no collective agreements.

4. The Committee notes the statement in the report to the effect that there are no court rulings or labour inspection reports concerning equal remuneration, which is some indication of the non-existence in practice of violations of the principle set out in the Convention. According to the report, the absence of court rulings and reports of violations is explained by the fact that in a country in which there is a high unemployment rate, workers prefer to remain silent and keep their wages instead of denouncing violations to the labour authorities. The Committee hopes that the Government will take the necessary measures to guarantee effective supervision of the implementation of legal provisions relating to equal remuneration and that the next report will contain information on the number of inspection visits undertaken with this objective and the sanctions imposed.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's indication in its last report that it would request technical and financial assistance from the Inter-American Centre for Labour Administration (CIAT) with the object of bringing up to date the National Dictionary of Occupations which, according to the previous report, had fallen into disuse because it had not been adapted to the major changes which have occurred over recent years in the structure of the economy, the workforce and the system of technical and vocational training. The Government confirms its desire to receive the necessary technical cooperation in order to determine and apply methods for the evaluation of jobs and occupations with a view to furthering the implementation of the Convention.

The Committee hopes that the ILO will be able to assist the Government to give better effect to the Convention, not only as regards the evaluation of jobs, but also in bringing the national legislation fully into accordance with the Convention, in view of the fact that section 186 of the Labour Code provides that equal remuneration shall be paid for equal work performed under identical conditions as regards skills and seniority, and that by virtue of section 265 of the Labour Code, this provision does not apply to farms employing fewer than ten workers. The Committee hopes that the Government will indicate in its next report the measures that have been taken or are envisaged, possibly with the assistance of the ILO, to amend the above provisions of the Labour Code by requiring that equal remuneration be paid for work of equal value and to give better effect to the Convention in practice.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the information supplied by the Government in its report.

1. In its previous comments, the Committee repeated its request to the Government to supply information on how the principle of equal remuneration for work of equal value is applied in respect of wages above the legal minimum. As regards officials in the public administration, the Committee notes the Government's statement that the wage scales applying to the various government departments are not uniform; posts can be filled without discrimination. The Government indicates that, until rules governing the civil service and administrative careers in the public sector are implemented, there cannot be a system for the evaluation of qualifications and jobs or a uniform classification of public employees, wages and salaries, such as will ensure adequate application of the principle of equal remuneration. The Government also states that a Bill on the civil service and careers in the administration is to be resubmitted to the National Congress. The Committee requests the Government to report on any progress made in this regard.

2. With regard to the private sector, the Committee requested the Government to supply copies of collective agreements concluded in sectors employing a large number of women. The Committee notes the Government's statement that collective agreements hardly exist in these sectors because in the free industrial zones women do not as a rule form unions or conclude collective agreements on working conditions. The Committee emphasises that in such circumstances an objective appraisal of jobs would be useful. In this connection, the Committee notes the Government's indication that it plans to initiate work as soon as possible in the competent departments to update and publish the National Dictionary of Occupations. The Committee refers to paragraph 22 of its General Survey of 1986 on Equal Remuneration and recalls that account has to be taken of the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity so as to avoid or redress a biased evaluation of qualities traditionally considered as "peculiar to women". The Committee asks the Government to report on progress in this regard.

3. With regard to firms employing fewer than ten workers, which are excluded from the provisions of the Labour Code under section 265 and consequently from the principle of equal remuneration for work of equal value in respect of wages above the legal minimum, the Committee notes the Government's statement that it is fully in favour of appropriate amendment of section 265 of the Labour Code. The Committee asks the Government to report on any progress made in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Referring to its previous comments, the Committee notes the information supplied by the Government in its report (received too late to be examined at its previous session) and the documentation annexed to the report.

1. The Committee notes that section 186 of the Labour Code provides that for equal work carried out in identical conditions of capacity and seniority, an equal salary shall be paid. It requests the Government to supply information on how the principle of equal remuneration for men and women workers is implemented in practice with regard to work that, although different in nature, is of the same value, as required by Article 2 of the Convention. (Please refer in this connection to paragraphs 20 to 23 and 52 to 70 of the Committee's 1986 General Survey on Equal Remuneration.)

2. In its previous comments, the Committee asked the Government to furnish information on the application of the principle of equal remuneration for work of equal value in respect of wages above the legal minimum paid to officials in the public administration, and to indicate the action taken on the draft wage scale for these officials. In its reply, the Government states that wages for officials in the public administration are fixed in basic laws applicable to various government departments, which contain wage scales for categories of jobs. The Government further states that the national authorities are evaluating the methods to be used to obtain adequate wage scales for officials in the public administration in relation to their levels of responsibility and their activities.

The Committee requests the Government to provide representative examples of wage scales contained in the basic laws applicable to various government departments, and to indicate the results of the evaluation process carried out to fix adequate wage scales for officials in the public administration. The Committee also requests the Government to supply information on the progress made in the adoption by the National Congress of the Bill on the civil service.

3. In its previous comments, the Committee also asked the Government to provide information on the practical application of the principle of equal remuneration for work of equal value to wages above the minimum rates in the private and agricultural sectors, furnishing copies of collective agreements concluded in economic sectors employing a large number of women. In its reply the Government states that minimum wages are fixed by the National Wages Committee without distinction on the basis of sex, and that in a great number of cases wages above the minimum wage are fixed in collective agreements, or that in a significant proportion of cases wages above the minimum wage depend on a unilateral decision by the employers concerned.

The Committee again requests the Government to supply copies of collective agreements concluded in sectors employing a large number of women, and to provide information on the measures it has taken to promote an objective appraisal of jobs on the basis of the work to be performed in order to give full effect to the provisions of the Convention.

In this respect, the Committee notes with interest the 1983 National Dictionary of Occupations in the Dominican Republic which was communicated by the Government, and the plans to update it, given the significant changes in the structure of the economy in recent years. It requests the Government to indicate the progress made in updating the Dictionary, and to supply information on the use of the Dictionary in the public, private and agricultural sectors in the application of the principle of equal remuneration to men and women workers for work of equal value.

4. In its previous comments, the Committee noted that farms continuously and permanently employing fewer than ten workers are excluded from the provisions of the Labour Code under its section 265, and therefore from the principle of equal remuneration for work of equal value in respect of wages above the legal minimum. It also noted that the intended legislative reforms to extend the scope of the Labour Code to such farms had not yet been carried out. The Committee notes from the Government's most recent report that the national labour authorities are considering the decisions to be taken with a view to amending section 265 of the Labour Code. The Committee hopes that the Government can accelerate that process so that it may soon report on any progress made in this regard.