Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

República Dominicana

Convenio sobre las horas de trabajo (industria), 1919 (núm. 1) (Ratificación : 1933)
Convenio sobre las vacaciones pagadas, 1936 (núm. 52) (Ratificación : 1956)
Convenio sobre el descanso semanal (comercio y oficinas), 1957 (núm. 106) (Ratificación : 1958)

Previous comments: C.1, C.52 and C.106

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in industry), 52 (holidays with pay) and 106 (weekly rest in commerce and offices) together.

Hours of work

Article 2(c) of Convention No. 1. Averaging of hours of work where persons are employed in shifts. The Committee notes the information provided by the Government in its report indicating that the Ministry of Labour’s guidance is that arrangements such as those mentioned in the previous comment (workweek arrangements of four shifts, each of 12 hours per day during four consecutive days followed by four days of rest) should not be implemented, as they are considered null and void due to the violation of the working hours established in section 147 of the Labour Code. The Commission takes note of this information, which responds to its previous request.

Holidays with pay

Article 2(5) of Convention No. 52. Increase of the duration of the annual holiday with pay. Further to its previous comments, the Committee notes that section 177 of the Labour Code provides that employers are obliged to grant 14 working days of holidays, the remuneration of which follows a scale: workers with 1 to 5 years of continuous service receive wages corresponding to 14 days of holidays, while workers with more than 5 years of service receive wages corresponding to 18 days of holidays. The Committee notes that Article 2(5) of the Convention provides that the duration of the annual holiday with pay, and not just the pay, shall increase with the length of service. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure an increase in the duration of the annual holiday with pay according to the length of service, in accordance with Article 2(5) of the Convention.

Weekly rest

Article 2 of Convention No. 106. Application in the public sector. The Committee notes the information provided by the Government indicating that weekly rest is implicit in section 51 of the Public Service Act No. 41-08, in which the State guarantees 48 hours of uninterrupted rest. The Committee takes note of this information, which responds to its previous request.

Article 8(3). Compensatory rest. With reference to its previous comments, the Committee notes that the Government reports that it is in the process of reviewing the Labour Code with a view to updating it and bringing it into line with ratified international standards and Conventions. The Committee trusts that the announced reform of the Labour Code will make it possible to bring section 164 of the Labour Code into line with Article 8(3) of the Convention. The Committee requests the Government to report on any developments in this regard.