National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition Article 5 of the Convention. Minimum wages. The Committee notes that the minimum wage rates established by the National Wage Commission vary depending on the activity of the enterprise, its social capital and its geographical location. Whilst noting that, following its most recent readjustment, the minimum wage stood, by way of example, at 4,100 pesos (approximately US$125) per month in free zones, 3,100 pesos (approximately US$95) in the sugar industry and 3,550 pesos (approximately US$108) in medium-sized enterprises in the hotel sector, the Committee would like to receive further information on the criteria used as the basis for fixing minimum wage rates and on the ability of such rates to guarantee workers and their families a decent standard of living.The Committee would be grateful if the Government would continue providing, in accordance with Article 5 of the Convention and Part V of the report form, information on the application of the Convention in practice, including, for instance, statistics on the number of workers remunerated at the minimum wage rate; copies of studies or other official documents on the functioning of the minimum wage system; statistics on recent changes in minimum wage rates in relation to fluctuations in economic indicators, such as the rate of inflation, during the same period; and extracts from inspection service reports detailing the violations reported and the penalties imposed.
The Committee notes the information provided in the Government’s report, and the documents attached. It also notes the most recent resolutions, adopted in 2006, which readjust the national minimum wage for certain categories of construction workers. The Committee notes that the minimum wage rates established by the National Wage Commission vary depending on the activity of the enterprise, its social capital and its geographical location. Whilst noting that, following its most recent readjustment, the minimum wage stood, by way of example, at 4,100 pesos (approximately US$125) per month in free zones, 3,100 pesos (approximately US$95) in the sugar industry and 3,550 pesos (approximately US$108) in medium-sized enterprises in the hotel sector, the Committee would like to receive further information on the criteria used as the basis for fixing minimum wage rates and on the ability of such rates to guarantee workers and their families a decent standard of living.
The Committee would be grateful if the Government would continue providing, in accordance with Article 5 of the Convention and Part V of the report form, information on the application of the Convention in practice, including, for instance, statistics on the number of workers remunerated at the minimum wage rate; copies of studies or other official documents on the functioning of the minimum wage system; statistics on recent changes in minimum wage rates in relation to fluctuations in economic indicators, such as the rate of inflation, during the same period; and extracts from inspection service reports detailing the violations reported and the penalties imposed. In this regard, the Committee wishes to refer to its last observation concerning the application of the Labour Inspection Convention, 1947 (No. 81), in which it mentioned the need to ensure that financial penalties for violations of legal provisions are established, taking into account the dissuasive purpose that they are to fulfil, despite any monetary fluctuations, and that these penalties are effectively enforced.
The Committee notes the Government’s detailed report and the attached documents, in particular the publication by the Secretariat of Labour of April 2002 containing the resolutions of the National Wage Commission fixing the minimum wages for the various branches of activity. The Committee also notes Decree No. 77-97 of 14 February 1997, which fixes the minimum wage for the public sector. The Committee notes that, in accordance with section 456 of the Labour Code, minimum wage rates for each branch of economic activity shall be automatically reviewed by the National Wage Commission at least once every two years. The Committee requests the Government to provide information on the application of this provision in practice, particularly in the sugar industry, footwear sector and the public sector.
Regarding the methods of enforcement of minimum wages and the sanctions imposed, the Committee notes with interest the copy of the judicial decision of 6 April 2000 attached in the Government’s report, as well as the model form for reporting violations used by the Labour Inspection Service. The Committee requests the Government to continue supplying information on the operation of the minimum wage fixing machinery, both in law and in practice, including reports on the activities of the National Wage Commission, official studies of socio-economic aspects of minimum wages, statistical data on the number of workers covered by the various minimum wage categories, etc.
The Committee notes the detailed information provided by the Government in reply to its previous comments. It notes the Government's statement to the effect that members of the employers' and workers' organizations concerned are always represented in equal numbers and take part in the process of fixing the minimum wage on an equal basis (in terms of speaking and voting rights). It also notes the information provided by the Government concerning persons working at home and disabled persons, as well as the survey and various other data on national minimum wages.
The Committee requests the Government, in accordance with Article 5 of the Convention and point V of the report form, to continue to provide general information on the effect given to the Convention in practice, for example: (i) minimum rates of wages in force, including those in the public sector; (ii) available statistics on the number and various categories of workers covered by the minimum wage regulations; and (iii) the results of any inspections carried out (for example, cases of violations, sanctions imposed, etc.).
The Committee notes the adoption of Act No. 16-92 to promulgate the Labour Code of 29 May 1992, which maintains the system for minimum wage fixation by the National Wages Commission. It notes that under section 193 of the above Code, the amount of the wage may on no account be lower than the minimum wage established by law.
The Committee asks the Government to provide a copy of the regulations issued under section 275 of the above-mentioned Code concerning the conditions and methods for the application of the other provisions of the Code to home work, and a copy of the decree or regulations issued under section 316 concerning persons with disabilities.
The Committee notes that under section 452(1).1, the National Wages Commission consists of a director-general and two representatives appointed by the Executive. It asks the Government to explain the procedure whereby the two representatives are appointed and the methods whereby employers and workers are consulted with a view to such appointment.
The Committee requests the Government to supply a copy of the regulations issued under section 275 of the Labour Code of 29 May 1992 respecting the conditions and methods for the application to home work of the other provisions of the Code and a copy of the decree or regulations issued under section 316 concerning persons with disabilities.
The Committee notes that, under section 452(1), item (1), the National Wages Commission consists of a director-general and two representatives appointed by the Executive. It once again requests the Government to explain the procedure whereby the two representatives are appointed and the methods whereby employers and workers are consulted on such appointment.
The Committee notes the observations of the Employers' Confederation of the Dominican Republic on the application of the Convention and the Government's comments on them.
Referring to a Bill to lead to an overall increase of 30 per cent in wages in the public sector and in the private sector, the above Confederation alleges: (i) that the minimum wage fixing machinery contained in the national legislation, in accordance with the Convention, was not applied; and (ii) that employers were not consulted in fixing minimum wages, as required by the Convention. The above Confederation has informed the President of the Senate of this breach of the law and has asked that the Senate Finance Committee reject the Bill.
By a letter of 23 January 1994 the Government pointed out that: (i) the Bill was presented by a senator from the opposition; (ii) the Bill has not yet been examined although it has been endorsed by the Senate Labour Committee; (iii) in accordance with the Constitution, the Executive is empowered to make observations on any law enacted by Congress if it deems it to be inconsistent with the Constitution or ratified treaties. The Government therefore considers that the comments of the Employers' Confederation of the Dominican Republic to be premature.
The Committee takes note of this information. It notes that the Bill, which originated in Parliament, has not been adopted and that, consequently, the Government may still present it to the employers and workers concerned with a view to consulting them, amongst other things to ascertain whether or not the Bill will contribute to securing an effective system for fixing minimum wages. It recalls that the minimum wage fixing machinery provided for in the Convention is of a subsidiary nature to the extent that it is mandatory only where "no arrangements exist for the effective regulation of wages by collective agreement or otherwise".
The Committee also recalls that tripartism and tripartite consultations on matters of common interest are fundamental principles of the ILO and that governments of member States have the obligation, as need be, to enter into tripartite consultations.
The Committee asks the Government to indicate the action taken by Congress on the above Bill and the measures taken to ensure that employers' and workers' organizations are consulted with regard to minimum wage fixing in accordance with the Convention.
The Committee refers to its previous observation concerning the comments made by the Employers' Confederation of the Dominican Republic on the application of the Convention, in which it requested the Government to indicate the action taken by Congress on a Bill designed to lead to an overall increase of 30 per cent in wages and the measures taken to ensure that employers' and workers' organizations are consulted with regard to minimum wage-fixing in accordance with the Convention.
The Committee notes from the Government's report that Congress has not taken a decision on the above Bill, but has accorded a general increase in remuneration in the public service. With regard to the private sector, the National Wages Commission, a tripartite body composed of government representatives and representatives of employers and workers appointed by their respective organizations, decided upon an increase in the statutory minimum wage of 20 per cent.
The Committee requests the Government to continue supplying information on the measures which have been taken or are envisaged to ensure the fixing of minimum wages. A request relating to other points is being addressed directly to the Government.
The Committee notes with interest the adoption of Act No. 16-92 promulgating the Labour Code on 29 May 1992 which maintains the system of minimum wage fixing by the National Wages Committee. It notes that, under section 193 of the Labour Code, the amount of the wage shall in no case be less than the minimum wage established by law.
The Committee requests the Government to communicate a copy of the regulations made under section 275 of the Code concerning the conditions and manner in which the other provisions of the Code should be applicable to work at home, and of the decree or regulation made under section 316 concerning disabled persons.
The Committee notes that the National Wages Committee consists of a Director-General and two representatives nominated by the Executive under section 452, paragraph 1, item 1. It requests the Government to specify the procedure in which the two representatives are nominated and the manner in which the employers and workers are consulted in view of their nomination.