Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Night Work Convention, 1990 (No. 171) - Dominican Republic (Ratification: 1993)

The Committee notes the information supplied by the Government in its first report.

Article 1 of the Convention. The Committee notes that, under section 149 of the Labour Code, the night period is that between 9 p.m. and 7 a.m. and the "mixed period" is composed of hours from both the night and day periods, but no more than three hours from the night period, otherwise it is treated as a night period. The Government observes that, according to the above system, work carried out immediately after 4 a.m. is not consistent with the provisions of the Convention in which night work means work done during a period of not less than seven consecutive hours, including the interval from midnight to 5 a.m.

The Committee asks the Government to take the necessary measures to bring the legislation into line with the Convention in this respect and to keep it informed of any progress made.

Article 2. The Committee notes the provisions of section 261 of the Labour Code, under which domestic work is not subject to any timetable, but domestic workers must have a rest period of at least nine consecutive hours between two working days. In addition, the Committee notes the Government's statement that these workers are excluded only from the night work provisions (section 149 of the Labour Code). The Committee observes that, although such an exclusion is allowed under the provisions of paragraph 2 of this Article of the Convention, the Government provides no information on the reasons for the exclusion or on consultations held with representatives of the employers and workers concerned. The Committee asks the Government to indicate the reasons for excluding domestic workers from night work provisions and to state whether consultations were held with the relevant representative organizations of employers and workers.

Article 3. The Committee notes the Government's statement that the national legislation provides for no specific measures for the protection of workers who perform their work during the night period. In this connection, the Committee refers to the provisions of Article 3 of the Convention and hopes that the legislation will be brought into line with the Convention. It asks the Government to keep it informed of any progress made in this respect.

Article 4. The Government indicates in its report that, although the Labour Code establishes no right to a health assessment before taking up, and at regular intervals during, an assignment as a night worker, all workers are entitled to a health assessment by the Dominican Social Security Institute. The Committee therefore asks the Government to take the necessary steps to bring the legislation into line with the Convention in order to remove any ambiguities in this respect. It asks the Government to provide information on the application of paragraph 1(e) of Article 4.

Articles 5 and 6. The Committee notes the Government's statement that no measures have been adopted pursuant to the provisions of the above Articles. The Committee draws the Government's attention to these provisions and asks the Government to supply information on any measures taken or envisaged to harmonize the legislation with the Convention in this respect and to indicate progress made.

Article 7. The Committee notes the provisions of sections 236 and 237 of the Labour Code under which pregnant women must be granted 12 weeks' pre- and post-natal leave (six weeks before the expected date of childbirth and six weeks after). The Committee recalls that under paragraph 1(a) of the above Article, the period of pre- and post-natal leave must be of at least 16 weeks, of which at least eight must be before the expected date of childbirth. The Committee asks the Government to take the necessary measures to bring the provisions of the above-mentioned sections of the Labour Code into full conformity with the Convention. It asks the Government to supply information on any progress made in this respect.

Articles 9 and 10. The Committee notes the Government's statement that no measures have yet been taken concerning the above-mentioned Articles. The Committee hopes that the Government will take appropriate steps to ensure the application of Articles 9 and 10 of the Convention and will provide information on any progress made in this respect.

Article 11. The Committee notes the Government's statement that the provisions of the Convention have been partly reproduced in the Labour Code (sections 149, 204, 232, 233, 234, 235, 236, 237, 238, 239, 241 and 242). The Committee asks the Government to provide information on the measures taken or envisaged to include all the provisions of the Convention in the national legislation.