Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Dominican Republic (Ratification: 1958)

Article 2 of the Convention. Scope of application - Public sector. The Government has attached to its report extracts of Act No. 14-91 on the civil service and administrative careers. This Act states that the length of the working week shall not be less than 30 hours (section 24), that hours of work will be fixed by the executive authority and that the Act or regulations will determine the days and periods when public servants will not be required to work (section 25). The Committee requests the Government to indicate whether regulations have been adopted to apply this Act and, if so, to provide a copy. In addition, it again requests the Government to send a copy of Decree No. 56 of 18 August 1982 establishing the rules regarding weekly rest for persons employed in the central public administrative services.

Articles 8(2) and 11(b). Temporary exemptions - Circumstances and consultations. The Government indicates that any Bill concerning labour issues is submitted to the Labour Advisory Council. However, it does not provide information on the consultations held not on the Labour Code itself but on specific cases in which temporary exemptions are authorized under section 153 of the Code because of abnormal pressure of work or to prevent the loss of perishable goods. The Committee again requests the Government to indicate the methods adopted to consult the representative organizations of employers and workers in this regard. It also requests it to provide information on the circumstances in which the various types of temporary exemption may be granted (for example, circumstances causing abnormal pressure of work, definition of force majeure, etc.).

Article 8, paragraph 3. Temporary exemptions - Compensatory rest. The Government indicates that the members of the Labour Advisory Council did not reach an agreement to amend section 164 of the Labour Code in order to bring it into conformity with the provisions of the Convention. It adds that the matter was submitted again to this Council and if there is another failure to agree, the Government will request technical cooperation from the ILO. The Committee reiterates that Article 8, paragraph 3, of the Convention makes it compulsory to grant compensatory rest to workers subject to a temporary exemption, whether or not these workers benefit from cash compensation. The Committee hopes that the debates in the Labour Advisory Council will enable the procedure for amending section 164 of the Labour Code to be completed. It requests the Government to keep it informed of any progress made in this regard.