Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 - République dominicaine (Ratification: 1958)

The Committee notes the report of the Government and the reply to its previous comments.

Articles 2 and 6 of the Convention. The Committee notes that Decree No. 56 of 18 August 1982 provides for uninterrupted weekly rest from Friday 2.30 p.m. to Monday 7.30 a.m. for persons employed in the central public administrative services. It would be grateful if the Government would supply a copy of the relevant text. The Committee further requests the Government to indicate the national legislation, which applies to other than centralized public establishments, institutions and administrative services, in which the persons employed are mainly engaged in office work, and to supply copies of the relevant texts.

Article 7. Referring to its previous comments the Committee notes from the Government’s indication that sections 153-156 of the Labour Code only provide for temporary exceptions in virtue of Article 8, paragraph 1, without establishing a special weekly rest scheme in accordance with Article 7 of the Convention.

Article 8, paragraph 1. The Committee notes with interest section 153, paragraph 1, of the Labour Code which allows overtime work only as far as necessary to avoid serious interference with the ordinary work of the establishment in certain enumerated exceptional cases. It also notes with interest section 153, paragraph 2, of the Labour Code, which stipulates that working time may also be extended exceptionally in order to cope with extraordinary increases of work in the undertaking, in conformity with this Article.

Article 8, paragraph 2. The Government’s report contains no reply to the Committee’s previous comments concerning the necessary consultations with employers’ and workers’ organizations in granting temporary exemptions required under the provision of this Article. The Committee therefore requests the Government to give full information on consultations required under national law and the methods used for consulting employers’ and workers’ organizations, before the introduction of temporary exceptions.

Article 8, paragraph 3. The Committee notes with interest that the Government has submitted its previous comments concerning section 164 of the Labour Code to the tripartite Consultation Labour Council with the aim of bringing this section of the Labour Code in conformity with Article 8, paragraph 3, of the Convention. It requests the Government to give information on the progress already achieved in this process in its next report and to supply a copy of the amended legislation when it is adopted.

Article 11(b). Reports under article 22 of the Constitution shall include information concerning the circumstances in which temporary exemptions may be granted in accordance with the provisions of Article 8. Referring to its comments under Article 8, the Committee requests the Government to give full information in its next report.