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Dominican Republic - Minimum Wages - 2011


LAST UPDATE

7 June 2011

SOURCES


Name of Act

Resolution 1-2006, concerning minimum wage of plumbers in the construction sector, 12 January 2006.

Name of Act

Resolution 3-2006, concerning minimum wages for painters in the construction sector, 2 February 2006.

Name of Act

Resolution 6-2005, concerning minimum wages of bricklayer workers, 6 October 2005.

Name of Act

Labour Code, Law No. 1692, of 29 May 1992, as amended up to Act No. 103-99 dated 6 October 1999.
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Name of Act

Resolution 1-2005, concerning minimum wages for workers in the sugar industry, 21 April 2005.

Name of Act

Resolution 2-2007, concerning among others minimum wages for workers in hotel sector, April 26, 2007.

Name of Act

Resolution 2-2005, concerning minimum wage of workers in industrial tax free zones, 5 May 2005.

Name of Act

Resolution 5-2011, concerning minimum wage of workers in private sector that are not part of a specific sector, May 18, 2011.

Name of Act

Resolution 3-2005, concerning minimum wages for workers operating heavy machinery in the construction sector, 7 July, 2005.

Name of Act

Resolution 4- 2005, concerning minimum wage of workers operating heavy machinery in the agricultural sector, 11 August 2005.

Name of Act

Resolution 2-2006, concerning minimum wages for carpenters in the construction sector, 2 February 2006.

Name of Act

Resolution 77-97, fixing minimum wage for workers in the public sector, 14 February 1997.

Name of Act

Resolution 3-98, concerning among others minimum wages of workers in the leatherware production, 22 May 1998.

Name of Act

Resolution 4-2006, concerning electricians in the construction sesctor, 16 May 2006.

Name of Act

Resolution 5-2006, concerning minimum wages in non-profit service associations, 11 May 2006.

Name of Act

Resolution 6-2006, concerning minimum wages for workers in tax free zones located in poor economic areas of the Dominican Republic, 18 July 2006.

Name of Act

Resolution 3-2007, concerning minimum wages for workers in the construction sector and related activities, 12 June 2007.

LEGAL DEFINITIONS


Employee/worker

Employee shall mean any physical person who renders a service according to a labour contract.
Labour Code Art.2

Employer

Employer shall mean a physical or legal person for whom a service is rendered.
Labour Code Art.2

Wage

Wage shall mean the remuneration payable by the employer to the worker as a compensation for work carried out.
Labour Code Art.192

Minimum wage

Minimum wage shall mean the lowest wage that may be agreed on in any labour contract.
Labour Code Art.213

MINIMUM WAGE FIXING


Procedure


Government decides alone

The minimum wage for public sector workers is set directly by Executive decree.
Resolution 77-97

Minimum wages set directly by tripartite negotiations

Minimum wages for private sector workers are set by occupation and sector by the National Salary Committee. The Committee is composed of three members (including the Director General) appointed by the Executive, and one representative each of the workers and employers.
1) The Committee meets to determine minimum wage rates. The proposed minimum wage rates are published.
2) Publication is followed by a 15-day period during which employers and workers may register any objections.
3) If there are no objections the proposed wages become law. If there are objections, the Secretary of Labour considers them and either approves the proposed minimum wages (and they become law) or sends the recommendations back to the Committee for further consideration.
Labour Code Art.452-459

Minimum wage set through decentralized collective bargaining

Wages can also be fixed by collective agreement. Rates cannot be lower than the relevant minimum wage rates fixed by the National Minimum Wage Committee.
Labour Code Art.113-128, 214

Criteria


Needs of workers and their families

Yes. The minimum wage shall provide an income sufficient for the subsistence of the worker and for his family.
Resolution 5-2011 Recital

Cost of living

Yes. In order to fix the minimum wage rates it is considered among other factors the changes in the cost of living.
Labour Code Art.458

Capacity of employers to pay

Yes. The net worth of a company and the economic situation of the given activity is to be taken into account.
Labour Code Art.458

Other provisions

The legislation states that the National Wage Committee shall take into account all the factors that affect every sector when fixing the minimum wage rates.
Labour Code Art.458
Resolution 3-98
Resolution 5-2011
Resolution 2-2007
Resolution 4- 2005

Coverage


Scope

The National Salary Committee of Dominican Republic provides a National Minimum Wage for all workers in the private sector which are not covered by sectorial minimum wages resolutions.

All workers are covered by a minimum wage rate by occupation and sector in general or specific basis.
Resolution 5-2011

Specific minimum wage rates


» Specific minimum wage by occupation

Minimum wages are fixed for workers operating heavy machines, electricians, painters, carpenters, bricklayers plumbers and guardsman working in private security companies.
Labour Code Art.459
Resolution 3-2005 4-2006
Resolution 4- 2005
Resolution 6-2005
Resolution 2-2006
Resolution 3-2006
Resolution 5-2011 Art.3

» Specific minimum wage by sector

Minimum wages are fixed for the following sectors: agriculture; hotels, restaurants, bars, cafes and other food service establishments; the construction industry; the leatherware production; the non-profit service sector; the sugar industry and workers in sectors within the private sector that do not have a specific minimum wage rate as well as the public sector.
In certain sectors, minimum wage rates depend on the size of a company and the nature of the business.
Labour Code Art.459
Resolution 77-97 3-2006, 4-2006, 5-2006
Resolution 3-98
Resolution 1-2005
Resolution 3-2005
Resolution 4- 2005
Resolution 1-2006
Resolution 2-2006
Resolution 3-2007
Resolution 2-2007
Resolution 5-2011 Art.2

» Specific minimum wage by region

No. However, separate minimum wage rates are set for workers in industrial tax free zones and for workers in tax free zones located in poor economic areas. The minimum wage rate for workers in tax free zones located in poor economic areas is significantly lower than minimum wage rates for workers in industrial tax free zones and minimum wage rates of workers in sector such as hotels, restaurants, bars, cafes and other food service establishments.
Labour Code Art.459
Resolution 2-2005
Resolution 6-2006

» Minimum wage levels for specific categories of workers


» Trainees

The remuneration for apprentices cannot be less than the minimum wage established by the National Salary Committee. It shall be calculated according to the hours of practical training effectively spent in the company.
Labour Code Art.257
Resolution 5-2011 Art.6

» Piece-rate workers

Minimum wage rates are set in accordance with production for the following occupations: carpenters, electricians, plumbers, painters, bricklayers (albaniles) in the construction sector and heavy machine operators in the agricultural sector.
Resolution 6-2005
Resolution 3-2006
Resolution 1-2006 4-2005.
Resolution 4-2006
Resolution 2-2006

» Other categories

Minimum wage for part-time workers shall be calculated on a pro-rata basis.
Resolution 5-2011 Art. 5
Resolution 1-2005 Art. 3
Resolution 2-2005
Resolution 6-2006 Art. 6 and 7
Resolution 2-2007 Art. 5
Resolution 5-2006 Art. 3

Level


Minimum wage level(s) in national currency

9,905.00 pesos per month (general minimum wage for workers in the private sector who are not covered by a specific sectoral minimum wage, working in companies with a net worth of at least 4,000,000 pesos dominicanos);

6,810.00 pesos per month (general minimum wage for workers in the private sector who are not covered by a specific sectoral minimum wage, working in companies with a net worth of at least 2,000,000 pesos dominicanos and up to 4,000,000 pesos dominicanos); and

6,035.00 pesos per month (general minimum wage for workers in the private sector who are not covered by a specific sectoral minimum wage, working in companies with a net worth up to 2,000,000 pesos dominicanos)
Resolution 5-2011 Art.2

Last minimum wage update

18 May 2011
Resolution 5-2011

In-kind allowances

The salary is paid entirely in legal currency. However, part of the wages may be paid in kind. The legislation does not specify the percentage of a worker’s remuneration that may be paid in kind.

It is prohibited the payment of wages through the issuance and delivery of certificates and other forms.
Labour Code Art.192, 195, 196

Rate of payment


» Hourly

Minimum wage rates for certain occupations such as truck operators and tow truck operators in the industry sector are set on an hourly basis.
Resolution 3-2005

» Daily

Minimum wage rates for certain occupations such as farm workers, farm workers in the sugar industry sector as well as workers in the construction sector are set on a daily basis.
Resolution 1-2005
Resolution 3-2007
Resolution 5-2011 Art.2d

» Monthly

Minimum wage rates for certain occupations, sectors and regions such as workers in hotels, restaurants, bars, cafes and other food service establishments, workers in sectors within the private sector that do not have a specific minimum wage rate, industrial tax free zones, guardsman working in private security companies, are set on a monthly basis.
Resolution 2-2007
Resolution 2-2005
Resolution 5-2006 6-2006, 5-2011

» Other

Minimum wage rates for certain occupations such as carpenters, electricians, plumbers, painters, bricklayers (albañiles) in the construction sector, heavy machine operators in the agricultural sector are set per piece produced.
Resolution 6-2005
Resolution 3-2006
Resolution 1-2006
Resolution 2-2006
Resolution 4- 2005

Scheduled frequency of adjustment

It is foreseen that the National Minimum Wage Committee adjusts minimum wages at least once every two years. As a principle, the Committee must not adjust minimum wages within the first year of validity. However, if either the employers or the workers prove that a certain minimum wage rate not only impairs one of the social partners but also causes detriment to the national economy, the Committee may adjust that minimum wage rate.
Labour Code Art.456-458

Enforcement mechanisms


Labour inspection

The State Labour Secretariat through its local labour representatives and auxiliary inspectors ensures compliance with labour legislation.
Labour Code Art.418-451

Fines in national currency for non-respect of legislation

Violation of minimum wage legislation results in fines of between three and six minimum wages. It is unclear whether these fines are based on hourly, daily or monthly minimum wage rates.
Labour Code Art.720

Other penalties

In case of a repeat offence, the fines shall increased by 50%.
Labour Code Art.721

Results generated on: 30th September 2014 at 15:51:20.
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