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Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Dominican Republic (Ratification: 1998)

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Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 4(2) of the Convention. Hours of work. Observing that the Government has not provided statistical information in its report on the number of additional hours performed in the hotels and restaurants sector, the Committee once again requests the Government to provide information in this regard.

Article 5(3). Proportionate leave or payment of wages in lieu. The Committee notes that, in response to its previous comments, the Government refers to section 177 of the Labour Code, which requires employers to grant 14 days of paid annual leave to workers with one to five years of continuous service and 18 days for workers with over five years of continuous service. It also provides that leave may be split (except in cases in which the worker is a minor) by agreement between the worker and employer, but in any case the worker must enjoy a leave period of at least a week. The Government also refers to section 179 of the Labour Code, which provides that workers with permanent employment contracts who, through no fault of their own, are not able to provide uninterrupted services for a duration of one year, have the right to a period of leave proportionate to the period worked, if their length of service is more than five months. Section 180 establishes the relationship between months of service and days of leave for the case outlined in the previous section. The Government adds that some enterprises grant workers more favourable conditions than those established in the labour legislation through the conclusion of collective agreements. Lastly, the Government reports that the labour inspectorate monitors compliance with the right to paid annual leave set out in the legislation and collective agreements. However, the Committee observes that the Government has not provided information on the granting of leave proportionate to length of service or the payment of wages in lieu for workers with short-term or seasonal contracts. The Committee, therefore, once again requests the Government to provide information on how it is guaranteed that workers whose contract expires or whose period of continuous service is not of sufficient duration to qualify for full annual leave enjoy the right to be granted leave proportionate to their length of service or the payment of wages in lieu. The Committee also requests the Government to provide examples of collective agreements that establish more favourable conditions than those set out in the national legislation.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 4(2) of the Convention. Hours of work. In reply to the Committee’s previous comment, the Government indicates that the limit on the additional hours authorized is 80 hours in a three-month period. The Committee requests the Government to supply in its next report statistics, where available, on the number of additional hours performed on average in the hotels and restaurants sector.

Article 5(3). Proportionate leave or payment of wages in lieu. The Committee notes the Government’s indication that all workers have the right to paid holidays, irrespective of the type of employment contract. Referring to its previous comment, the Committee requests the Government to provide detailed information on the provisions that grant paid leave to workers in hotels and restaurants whose contract expires or whose period of continuous service is not of sufficient duration to qualify them for full annual leave.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Article 4(2) of the Convention. Hours of work. The Committee notes that, under the terms of section 203 of the Labour Code, the wage of workers shall be increased by 100 per cent for each hour or part of an hour worked over and above 68 hours in the week. While recalling that the Convention requires reasonable normal hours of work, as well as reasonable overtime provisions, the Committee would be grateful to be provided with further details or statistics, where available, on the number of additional hours performed on average in the hotels and restaurants sector. It also requests the Government to indicate whether there is a weekly, monthly or annual limit on the additional hours authorized, without which the workers concerned would perform hours of work that would be contrary to the spirit of the Convention.
Article 5(3). Proportionate leave or payment of wages in lieu. Further to its previous comments, the Committee notes that the Government has not provided any information concerning the granting of leave proportionate to the length of service or payment of wages in lieu to workers covered by a fixed-term contract or a seasonal contract. The Committee had previously noted the Government’s intention to convene the Labour Advisory Council with a view to the adoption of provisions to guarantee the workers concerned in hotels and restaurants the granting of paid annual leave, but, in its last report, the Government does not refer to any progress in this respect. The Committee therefore requests the Government to indicate whether the Labour Advisory Council has already examined this matter and, where appropriate, to provide a copy of any law or regulations adopted to give full effect to this provision of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 4, paragraph 2, of the Convention. Hours of work. The Committee notes that, under the terms of section 203 of the Labour Code, the wage of workers shall be increased by 100 per cent for each hour or part of an hour worked over and above 68 hours in the week. While recalling that the Convention requires reasonable normal hours of work, as well as reasonable overtime provisions, the Committee would be grateful to be provided with further details or statistics, where available, on the number of additional hours performed on average in the hotels and restaurants sector. It also requests the Government to indicate whether there is a weekly, monthly or annual limit on the additional hours authorized, without which the workers concerned would perform hours of work that would be contrary to the spirit of the Convention.

Article 5, paragraph 3. Proportionate leave or payment of wages in lieu. Further to its previous comments, the Committee notes that the Government has not provided any information concerning the granting of leave proportionate to the length of service or payment of wages in lieu to workers covered by a fixed-term contract or a seasonal contract. The Committee had previously noted the Government’s intention to convene the Labour Advisory Council with a view to the adoption of provisions to guarantee the workers concerned in hotels and restaurants the granting of paid annual leave, but, in its last report, the Government does not refer to any progress in this respect. The Committee therefore requests the Government to indicate whether the Labour Advisory Council has already examined this matter and, where appropriate, to provide a copy of any law or regulations adopted to give full effect to this provision of the Convention.

Part V of the report form. Application in practice. The Committee notes that the hotel and restaurants sector is the second biggest source of foreign exchange and employs 45,000 people. The Committee understands that the sector is characterized by a very low unionization rate, as well as very limited coverage by collective agreements. The Committee would be grateful if the Government would provide further practical information on this point and provide copies of relevant collective agreements, with an indication of the number of workers covered. The Committee would also appreciate being provided with other general indications on the manner in which the Convention is applied, and particularly statistics on the number of workers and establishments covered by the measures giving effect to the Convention, extracts from the reports of the inspection services indicating the number of inspections carried out and the contraventions reported, recent studies on conditions of employment and working conditions in the sector, any problems encountered in the application of the Convention, such as the financial crisis and the high proportion of undeclared foreign workers in the sector, their consequences and the protective measures adopted to provide assistance to the workers concerned, etc.

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

The Committee notes the Government’s two reports and the attached documentation.

Article 1, paragraph 2, of the Convention. The Committee notes Regulation No. 2115 of 13 July 1984, classifying and issuing standards for hotel establishments, section 1 of which defines hotel enterprises as those dedicated professionally to the provision of accommodation to individuals, with or without other supplementary services, for a specified price. The Committee requests the Government to indicate whether there is any provision in laws or regulations defining the terms "restaurants and similar establishments" and to provide any other information on the establishments to which the present Convention applies.

Article 3, paragraphs 1 and 2. The Committee notes the Government’s indications that, with a view to improving working conditions in hotels and restaurants, new regional labour offices are being established, through the Secretariat of State for Labour, in zones where there are tourist resorts. The Committee requests the Government to continue providing information on the preparation and adoption, in consultation with the social partners, of a policy to improve working conditions in hotels, restaurants and similar establishments. In particular, the Committee requests the Government to provide updated information on national training programmes for workers in hotels and restaurants, as well as official studies on working conditions in the tourism industry in general, and in hotels and restaurants in particular, taking into account the current crisis in the sector and its impact on employment.

Article 5, paragraph 3. The Committee notes that the Government intended to convene the Labour Advisory Council to hear the opinions of the social partners for the purpose of adopting the necessary measures to guarantee that workers in hotels and restaurants, working under contracts for fixed periods or temporary contracts, are granted paid leave proportionate to their length of service, or the payment of wages in lieu. The Committee, noting that the collective agreements provided by the Government do not contain any provision on this point, requests the Government to provide information on the measures adopted or envisaged to give effect to this provision of the Convention.

Part V of the report form. The Committee notes the enterprise collective agreements provided by the Government concerning the working conditions in certain hotels. The Committee also notes that, according to the Government, around 45,000 people work in the sector of hotels, restaurants and similar establishments. The Committee requests the Government to continue providing general information on the application of the Convention in practice, including: the number of establishments and workers covered by the measures giving effect to the Convention; the number covered by collective agreements; the evolution of the average wage of workers in the sector as compared to the evolution of the average wage at the national level; reports of the inspection services indicating any difficulties encountered in the sectors to which the Convention applies, etc.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information sent by the Government in its first report and would appreciate receiving further information on the following points.

Article 1(2) of the Convention. The Committee would be grateful if the Government would state whether any laws or regulations give a definition of the terms "hotels and similar establishments", and "restaurants and similar establishments".

Article 3(1) and (2). The Committee notes that the Government’s report contains no information on measures taken to adopt and apply a national policy to improve working conditions of workers covered by the Convention, although it indicates a number of national provisions regulating working conditions. The Committee would be grateful if the Government would indicate the measures it will take to adopt and apply a policy designed to improve the working conditions of workers in hotels and restaurants, and provide information on consultations held to that end with the employers’ and workers’ organizations concerned.

Article 4(4). The Committee notes the provisions in the national legislation under which employers are required to display the hours of work in a conspicuous place in their establishment so that all workers are informed of working schedules. It would appear, however, that nowhere is it expressly established that workers in hotels and restaurants must, where possible, have sufficient advance notice of working schedules to enable them to organize their personal and family life accordingly. The Committee therefore asks the Government to state the measures adopted to give effect to this provision of the Convention.

Article 5(3). The Committee notes that section 178 of the Labour Code provides that workers acquire the right to leave upon completion of one year of uninterrupted service in the enterprise. According to section 179, workers on indefinite contracts who, through no fault of their own, have no opportunity to complete one year’s uninterrupted service owing to the nature of their work or for any other reason, shall be entitled to leave in proportion to the time worked if the latter is over five months. The Committee observes, however, that no provision is made for workers who do not hold indefinite contracts. The Committee asks the Government to take the necessary steps to ensure that hotel and restaurant workers, who often hold fixed-term contracts or seasonal contracts, are entitled to leave proportionate to the period of the service or payment of wages in lieu.

Article 7. The Committee recalls that this Article of the Convention requires the sale and purchase of employment in hotels and/or restaurants or similar establishments to be prohibited. The Committee notes that, according to the Government, there is no purchase or sale of employment in the establishments concerned. The Committee suggests that the Government may wish to consider adopting legislative or regulatory measures to ensure enforcement of the prohibition provided for in this Article of the Convention.

Part V of the report form. The Committee notes with interest the copy of the collective agreement regulating working conditions in "Fiesta" companies and hotels. The Committee would be grateful if the Government would provide copies of other collective agreements concluded by other hotels, restaurants or similar establishments and the trade union or trade unions of the branch concerned. The Government is also asked to provide information on the number of workers employed in hotels, restaurants and similar establishments. Please also give a general appreciation of the manner in which the Convention is applied including, for example, summaries of inspection reports, information on the number and nature of contraventions recorded and any other details relevant to the application of the Convention in practice.