Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Scope of application – public sector. The Committee notes the adoption of Act No. 41-08 on the public service which repeals and replaces Act No. 14-91 on the civil service and administrative careers. It also notes that this new Act does not contain any provisions relating to the weekly rest of public servants. The Committee therefore requests the Government to indicate the legislative or regulatory provisions which grant a minimum weekly rest period of 24 consecutive hours to public sector employees. Furthermore, it once again requests the Government to provide a copy of Decree No. 56 of 18 August 1982 which establishes the rules relating to weekly rest for persons employed in the central public administrative services.

Articles 8(2) and 11(b). Temporary exemptions – conditions. Further to its previous comment, the Committee notes that the Government does not provide any new information on the consultations held on specific conditions in which temporary exemptions are authorized under section 153 of the Labour Code because of abnormal pressure of work or to prevent the loss of perishable goods. The Committee therefore once again requests the Government to indicate the methods adopted to consult the representative organizations of employers and workers in this regard and to provide information on the circumstances in which the various types of temporary exemptions may be granted.

Article 8(3). Temporary exemptions – compensatory rest. With regard to the amendment of section 164 of the Labour Code, the Committee notes the Government’s indication that the members of the Labour Advisory Council have reached an agreement to bring it into conformity with the provisions of the Convention. The Government adds that the matter will be submitted to the National Assembly in the near future. The Committee recalls in this regard that Article 8(3) of the Convention requires compensatory rest to be granted to workers subject to a temporary exemption, whether or not these workers benefit from cash compensation. It requests the Government to keep the Office informed of any progress made in this regard and to provide a copy of the relevant text once it has been adopted.