Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Equal Remuneration Convention, 1951 (No. 100) - Dominican Republic (Ratification: 1953)

Referring to its previous comments, the Committee notes the information supplied by the Government in its report (received too late to be examined at its previous session) and the documentation annexed to the report.

1. The Committee notes that section 186 of the Labour Code provides that for equal work carried out in identical conditions of capacity and seniority, an equal salary shall be paid. It requests the Government to supply information on how the principle of equal remuneration for men and women workers is implemented in practice with regard to work that, although different in nature, is of the same value, as required by Article 2 of the Convention. (Please refer in this connection to paragraphs 20 to 23 and 52 to 70 of the Committee's 1986 General Survey on Equal Remuneration.)

2. In its previous comments, the Committee asked the Government to furnish information on the application of the principle of equal remuneration for work of equal value in respect of wages above the legal minimum paid to officials in the public administration, and to indicate the action taken on the draft wage scale for these officials. In its reply, the Government states that wages for officials in the public administration are fixed in basic laws applicable to various government departments, which contain wage scales for categories of jobs. The Government further states that the national authorities are evaluating the methods to be used to obtain adequate wage scales for officials in the public administration in relation to their levels of responsibility and their activities.

The Committee requests the Government to provide representative examples of wage scales contained in the basic laws applicable to various government departments, and to indicate the results of the evaluation process carried out to fix adequate wage scales for officials in the public administration. The Committee also requests the Government to supply information on the progress made in the adoption by the National Congress of the Bill on the civil service.

3. In its previous comments, the Committee also asked the Government to provide information on the practical application of the principle of equal remuneration for work of equal value to wages above the minimum rates in the private and agricultural sectors, furnishing copies of collective agreements concluded in economic sectors employing a large number of women. In its reply the Government states that minimum wages are fixed by the National Wages Committee without distinction on the basis of sex, and that in a great number of cases wages above the minimum wage are fixed in collective agreements, or that in a significant proportion of cases wages above the minimum wage depend on a unilateral decision by the employers concerned.

The Committee again requests the Government to supply copies of collective agreements concluded in sectors employing a large number of women, and to provide information on the measures it has taken to promote an objective appraisal of jobs on the basis of the work to be performed in order to give full effect to the provisions of the Convention.

In this respect, the Committee notes with interest the 1983 National Dictionary of Occupations in the Dominican Republic which was communicated by the Government, and the plans to update it, given the significant changes in the structure of the economy in recent years. It requests the Government to indicate the progress made in updating the Dictionary, and to supply information on the use of the Dictionary in the public, private and agricultural sectors in the application of the principle of equal remuneration to men and women workers for work of equal value.

4. In its previous comments, the Committee noted that farms continuously and permanently employing fewer than ten workers are excluded from the provisions of the Labour Code under its section 265, and therefore from the principle of equal remuneration for work of equal value in respect of wages above the legal minimum. It also noted that the intended legislative reforms to extend the scope of the Labour Code to such farms had not yet been carried out. The Committee notes from the Government's most recent report that the national labour authorities are considering the decisions to be taken with a view to amending section 265 of the Labour Code. The Committee hopes that the Government can accelerate that process so that it may soon report on any progress made in this regard.