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

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Dominican Republic (Ratification: 1998)

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 4(2) of the Convention. Hours of work. The Committee notes that, under the terms of section 203 of the Labour Code, the wage of workers shall be increased by 100 per cent for each hour or part of an hour worked over and above 68 hours in the week. While recalling that the Convention requires reasonable normal hours of work, as well as reasonable overtime provisions, the Committee would be grateful to be provided with further details or statistics, where available, on the number of additional hours performed on average in the hotels and restaurants sector. It also requests the Government to indicate whether there is a weekly, monthly or annual limit on the additional hours authorized, without which the workers concerned would perform hours of work that would be contrary to the spirit of the Convention.

Article 5(3). Proportionate leave or payment of wages in lieu. Further to its previous comments, the Committee notes that the Government has not provided any information concerning the granting of leave proportionate to the length of service or payment of wages in lieu to workers covered by a fixed-term contract or a seasonal contract. The Committee had previously noted the Government’s intention to convene the Labour Advisory Council with a view to the adoption of provisions to guarantee the workers concerned in hotels and restaurants the granting of paid annual leave, but, in its last report, the Government does not refer to any progress in this respect. The Committee therefore requests the Government to indicate whether the Labour Advisory Council has already examined this matter and, where appropriate, to provide a copy of any law or regulations adopted to give full effect to this provision of the Convention.