Remarks: The Labour Code applies to all workers except for those in the public service, the army or the police. It covers employees of public undertakings or companies and official bodies of an industrial, commercial, financial or transport nature. 3rd principle Labour laws are territorial in nature and apply without distinction to Dominicans and foreigners, except the exceptions allowed by international conventions. 4th Principle Labour contracts in the domestic work sector, agricultural work, home work, transport, commerce and handicapped workers are subject to special rules for each category set forth in this Code. They are not governed by this Code, unless otherwise expressly provided: 1. Self employment 2. Commission agents and brokers; 3. Trade representatives; 4. Lessees and share-cropper of the owners. Art.4, 5
Name of Act
Resolution 1-2005, concerning minimum wages for workers in the sugar industry, 21 April 2005.
Employee shall mean any physical person who renders a service according to a labour contract.
Labour Code Art.2
Employer shall mean a physical or legal person for whom a service is rendered.
Labour Code Art.2
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 shall mean the lowest wage that may be agreed on in any labour contract.
Labour Code Art.213
MINIMUM WAGE FIXING
Government decides alone
The minimum wage for public sector workers is set directly by Executive decree.
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
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
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.
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.
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
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.
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
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 workers 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
Minimum wage rates for certain occupations such as truck operators and tow truck operators in the industry sector are set on an hourly basis.
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.
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.
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.
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
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
In case of a repeat offence, the fines shall increased by 50%.
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