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 All the provisions of the Code are applied to agricultural, livestock, forestall and maritime workers except the provisions relative to working hours. Art.281
Name of Act
Resolution on workers carrying out intermittent work, Resolución de la Secretaria de Estado de Trabajo No. 04-93 (Sobre Trabajadores que ejecutan labores intermitentes)
Law No. 108 pointing public holidays and therefore not working days in the public and private sector, up to the Project of Law stating the Day 30th as the Liberty Day.
The period that an employee cannot use freely because he or she is at the exclusive disposal of the employer. This period of time includes periods when the employee is not working if this inactivity is involuntary and not due to his or her negligence or to events which are legal grounds for suspending the contract and also includes meal times taken during working hours during which the employee is obliged, due to the nature of the work or the demands of the employer, to remain in the workplace.
Labour Code Art.146, 151
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
Night work(er)
Night work refers to work performed between 9 p.m. and 7 a.m.
Labour Code §149
NORMAL HOURS LIMITS
Daily hours limit
General limit
The workday shall not exceed 8 hours.
Labour Code Art.147
Historical data (year indicates year of data collection)
2009: 8 hours
2007: 8 hours
Exceptions
The 8 hour limit is not applicable inter alia to employees in managerial posts and inspectors or to rural employees of small establishments run by a family or one person.
A 6 hour limit applies to employees who work in hazardous or unhealthy conditions, without loss of pay.
Labour Code Art.148, 150
Special categories
» Shift work
Workers shall not work for more than 8 hours in continuous shift work.
The daily hours can be extended to 9 hours, provided the average weekly working time does not exceed 50 hours and the additional hour is paid at the overtime rate.
Labour Code Art.158
» On-call work
The daily hours limit may be 10 hours per day for workers who are required only to be present at the workplace.
Labour Code Art.150
Resolution on workers carrying out intermittent work Art.1
» Young workers
Young workers under 16 may not exceed 6 hours of work per day.
Labour Code Art. 247
» Agricultural workers
In case of agricultural work the daily limit is set in 10 hours.
Labour Code Art.281
» Domestic work
No daily hours limit applies (but see daily rest period).
Labour Code Art.261
Weekly hours limit
General limit
The weekly hours of work shall not exceed 44 hours.
Labour Code Art.147
Historical data (year indicates year of data collection)
2009: 44 hours
2007: 44 hours
1995: 44 hours.
Reference period(s)
One week. The Secretary of State can authorize the 44 hour limit to be averaged over a period of longer than a week, provided that average weekly working time does not exceed 44 hours and the hours worked on any one day do not exceed 10 hours.
Labour Code Art.162
Exceptions
The 44 hour limit is not applicable inter alia to employees in managerial posts and inspectors and to rural employees of small establishments owned by a family or one person; Exceptionally, the weekly limit can be exceeded by the number of hours needed to avoid serious disruption in the normal functioning of the firm in specified cases. The 44 hour limit is reduced to 36 hours for employees working in hazardous or unhealthy conditions, without loss of pay.
Labour Code Art.148, 150, 153, 155
Remarks: Cases in which the weekly limit can be exceeded to avoid serious disruption in the normal functioning of the firm are: (1) accidents that have occurred or are imminent; (2) work on machinery or plant that cannot be postponed and where a stoppage might cause serious losses or damage; (3) where an interruption of the work may cause damage to raw materials; and (4) to respond to unforeseen events or force majeure.
Special categories
» On-call work
The 44 hour limit is not applicable to workers who are required only to be present at the workplace.
Labour Code Art.150
» Agricultural workers
The provisions on working time do not apply to agricultural workers.
Labour Code Art.281
» Domestic work
No weekly hours limit applies.
Labour Code Art.261
OVERTIME WORK
Criteria for overtime
General
Exceptionally, the daily hours limit can be exceeded by the number of hours needed to avoid serious disruption in the normal functioning of the firm in specified cases. The specified cases which allow an increase of the daily limit to avoid serious disruptions of the functioning of the firm are: (1) accidents that have occurred or are imminent; (2) work on machinery or plant that cannot be postponed and where a stoppage might cause serious losses or damage; (3) where an interruption of the work may cause damage to raw materials; and (4) to respond to unforeseen events or force majeure.
Labour Code Art.153, 155
Limits on overtime hours
General limits
The 8 hour limit may also be increased to respond to extraordinary workloads, provided the additional hours do not exceed 80 hours in a trimester.
Labour Code Art.155
Historical data (year indicates year of data collection)
2009: Exceptionally, the daily hours limit can be exceeded by the number of hours needed to avoid serious disruption in the normal functioning of the firm in specified cases (see comment).
The 8 hour limit may also be increased to respond to extraordinary workloads, provided the additional hours do not exceed 80 hours in a trimester.
1995: Daily maximum hours are 10 in commerce and 9 in industry, including overtime. 80 hours per quarter.
Compensation for overtime work
Overtime rate(s)
Wages for overtime must be paid to workers as follows: 1. For each hour or fraction of hour worked in excess of the day and up to 68 hours per week, an increase of no less than 35% of the value of the normal working hours. 2. For each hour or fraction of hour worked in excess of 68 hours per week, with an increase of no less than 100% of the value of the normal working hours.
Labour Code Art.156, 203
Historical data (year indicates year of data collection)
2009: 35% increase (under 68 total hours per week)
100% increase (over 68 hours per week)
2007: 35% increase (under 68 total hours per week)
100% increase (over 68 hours per week)
1995: 35% premium during working days, 100% for work exceeding 68 hours a week (and for work on statutory holidays and during weekly rest days).
Notice of requirement to work overtime
General provisions
Employers are required to display a notice showing the reasons for the extension of the working day and overtime rates.
Labour Code Art.159, 160
Exceptions
Agricultural employers are not required to display this kind of notice.
Labour Code Art.159
Special categories
Domestic work
The overtime limits apply to domestic workers.
Labour Code Art.261
Shift work
In continuous shift work, the limit of overtime working hours is set in 1 hour per day to a maximum of 50 hours in total per week (including normal and overtime hours).
Labour Code Art.158
REST PERIODS
Rest breaks
General provisions
The working day shall be interrupted by an intermediate rest period, which shall not be less than an hour, after four consecutive hours of work, and one and a half hours after five hours of consecutive work.
Labour Code Art.157
Historical data (year indicates year of data collection)
2009: The working day shall be interrupted by an intermediate rest period, which shall not be less than an hour, after four consecutive hours of work, and one and a half hours after five hours of consecutive work.
2007: Every employer shall be bound to display in a conspicuous place in his establishment a notice showing the times of breaks for the rest during working hours; and the weekly day of rest for each employee.
2007: The working day shall be interrupted by an intermediate rest period, which shall not be less than an hour, after four consecutive hours of work, and one and a half hours after five hours of consecutive work.
1995: 1 hour after 4 uniterrupted hours of work, or 1,5 hours after 5 uninterrupted hours of work.
Daily rest periods
Special categories
» Young workers
Young workers shall enjoy a rest of at least 14 consecutive hours between shifts.
Resolution No. 31/93 Art.1(b)
» Domestic work
Domestic workers must be granted a rest period of 9 hours between shifts.
Labour Code Art.261
Weekly rest periods
Duration
» General
Every worker is entitled to an uninterrupted weekly rest of 36 hours.
Labour Code Art.163
Historical data (year indicates year of data collection)
2009: 36 hours
2007: 1 day
1995: 36 consecutive hours.
Day specified
» General
The rest period can start at any day of the week as agreed between the parties. In the absence of an express agreement, it shall start Saturday at noon.
Labour Code Art.163
Work on weekly rest day
» Compensation (for working on a rest day)
If the employee works in his weekly rest period he can choose to receive his regular salary increased by 100% or enjoy a compensatory rest period to be taken the following week.
Labour Code Art.164
Special categories
» Domestic workers
Domestic workers are entitled to the same amount of weekly rest as the general category of workers.
Labour Code Art.262
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
Every employee is entitled to enjoy annual holidays after one year of continuous service in the same establishment.
Labour Code Art.178
Duration
» General
The employer shall provide every employee a paid vacation period of two weeks, according to the following scale: 1. After a period of at least 1 year and up to 5 years, 14 days with full pay. 2. After a continuous period of work of not less than 5 years, 18 days with full pay.
Labour Code Art.177
Historical data (year indicates year of data collection)
2009: 14 days
2007: 14 days
1995: 14 days.
Payment
» Amount
Annual leave is remunerated with full pay.
Labour Code Art.177
Schedule and splitting
Annual leave can be split into two periods, provided that one of these periods is of at least one week.
Labour Code Art.177
Work during annual leave
During the leave period it is prohibited to perform work, whether or not is paid.
Labour Code Art.182
Special categories
» Young workers
Young workers under 18 years of age cannot split their leave periods.
Labour Code Art.177
» Domestic work
Domestic workers enjoy 2 weeks of annual leave after 1 year of service.
Labour Code Art.262
PUBLIC HOLIDAYS
Number and dates
There are 13 public holidays a year in the Dominican Republic; 1st of January, New Years Day, 6th of January, The Three Wise Men Day, 21st of January, Lady of Altagracia Day, 26th of January, Juan Pablo Duarte Day Holiday, 27th of February, Independence Day, 1st of May, Labour Day, 16 of August Restoration Day Holiday, 24th of September, Lady of Mercedes Day, 6th of November, Constitution Day, 25th of December, Christmas Day. Variable days; Easter Sunday, Good Friday, Corpus Christi Thrusday.
Law No. 108 Art.1
Payment
Non-working days as stated by the Constitution or laws are paid.
Labour Code Art.165
EMERGENCY FAMILY LEAVE
The employer shall grant the employee 5 days of leave with pay to enjoy the celebration of his marriage and three days in case of death of any of his grandfathers, parents, sons, or his partner.
Labour Code Art.54
NIGHT WORK
Criteria for night work
Night work refers to work performed in the interval between 9 p.m. and 7 a.m.
Labour Code Art.149
Compensation
Night work will be paid with at least an additional 15% of the ordinary rate for working hours performed during the day.
Labour Code Art.204
Special categories
Young workers
Young persons under 16 cannot be employed or work at night, during a period of 12 consecutive hours, which will be fixed by the Secretary of State for Labour, considering such period the interval between 8 pm and 6 am.
However young workers between 14 and 16 can work in concerts or theatrical performances until 12 pm, with the authorization of the Labour Department or local authority exercising its functions.
This authorization is only granted for a limited period, provided: a) that night work does not continue after 12 pm; b) the young worker enjoy a rest of at least 14 consecutive hours between shifts; c) the work is limited, as far as possible, three nights per week, calculated over a longer period.
Labour Code Art.246, 250 Resolution on night work of minors 4th Recital Resolution No. 31/93 1st Recital and Art.1
SHIFT WORK
Limits
Daily hours limit
Workers shall not work for more than 8 hours in continuous shift work.
The daily hours can be extended to 9 hours, provided the average weekly working time does not exceed 50 hours and the additional hour is paid at the overtime rate.
Labour Code Art.158
Overtime work
In continuous shift work, the limit of overtime working hours is set in 1 hour per day to a maximum of 50 hours in total per week (including normal and overtime hours).
Labour Code Art.158
ON-CALL WORK
Limits
Daily hours limit
10 hours per day for workers who perform intermittent tasks or who are required only to be present at the workplace, such as porteros, ascensoristas, serenos, guardianes, conserjes, barberos, sastres, camareros.
Labour Code Art.150 Resolution on workers carrying out intermittent work Art.1
Weekly limit
The 44 hour limit is not applicable to workers who are required only to be present at the workplace.
Labour Code Art.150
SHORT-TIME WORK/WORK-SHARING
General provisions
A ground for suspension of an employment contract is inter alia lack of funds for the continuation of normal work, provided that the employer justifies the impossibility of obtaining them, and excess production related to the economic situation and market conditions. Suspension of contracts may affect one, several or all employment contracts. The employer is released from his duty to pay remuneration, unless otherwise stipulated by collective agreement or employment contract.
Labour Code Art.48, 50, 51
Limits
The maximum period of suspension in the above mentioned cases shall be ninety days in a period of twelve months.
Labour Code Art.55
INFORMATION & CONSULTATION
Information
Employers are required to display in a conspicuous place a notice showing the starting and finishing hours of the working day. Where the day is extended, another notice must show the reasons for the extension and overtime rates.
Labour Code Art.159
Results generated on: 29th March 2024 at 15:17:10.
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