Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the information provided by the Government in its report.

Article 1 of the Convention. In its previous comments the Committee noted the provisions of section 149 of the Labour Code under which the night period is that between 9 p.m. and 7 a.m. and the mixed period is that which includes hours from both the night and day periods, provided that the night period is less than three hours; otherwise it is considered as a night period. The Committee observed that, in accordance with the above system, work performed immediately after 4 a.m. does not comply with the provisions of the Convention, according to which night work means work performed during a period of not less than seven consecutive hours, including the interval from midnight to 5 a.m. The Committee notes the statement made by the Government according to which the legislation is being brought into full conformity with the text of the Convention so that under article 149 of the Labour Code the night period shall be considered as that between 9 p.m. and 7 a.m. Under national law, work performed immediately after 4 a.m. and up to 7 a.m. is done during the night period. The Committee observes that according to the last paragraph of article 149 of the Labour Code, "the mixed period is that which includes day and night periods, provided that the night period is less than three hours; if it is more than three hours it is considered as a night period". In this respect, the Committee refers to the provisions of Article 1(a) of the Convention, which defines night work as all work which is performed during a period of not less than seven consecutive hours, including the interval from midnight to 5 a.m. The Committee observes that in accordance with the above system, work performed immediately after 4 a.m. does not comply with the provisions of the Convention.

The Committee once again requests the Government to take the measures necessary to bring the legislation into conformity with the Convention and to provide information on the progress made in this respect.

Article 2. The Committee notes that economic reasons and supervisory mechanisms currently prevent the rules on the night period from being extended to domestic workers. It also notes that this exclusion was discussed and agreed with the representative organizations of employers and workers.

Article 3. In its previous comments the Committee noted the statement made by the Government, according to which within national legislation no measures have been envisaged to provide special protection for workers performing their duties during the night period. The Committee notes the statement made by the Government, according to which the collective agreements on working conditions and labour inspection duties are combined in order to protect health and to assist the development of workers providing services during the night period. It also notes that, in accordance with section 204 of the Labour Code, the wages corresponding to hours worked during the night period are paid at a rate of not less than 15 per cent above the normal hourly rate. The Committee recalls that the measures provided for in paragraph 1 of this Article may be applied in practice. The Committee hopes that the Government will take the measures necessary to bring the legislation into conformity with the Convention. It requests the Government to indicate clearly the progress made in this respect.

Article 4. In its report the Government reiterates that although the Labour Code does not envisage the right to a preliminary or regular health assessment for workers providing their services during the night period, all workers have the right to a health assessment by the Dominican Social Security Institute. The Committee once again requests the Government to take the measures necessary to bring the legislation into conformity with the Convention in order to ensure that no ambiguity remains in this respect. It requests the Government to provide information on the application of Article 4, paragraph 1(c).

Articles 5 and 6. The Committee notes the statement made by the Government, according to which it is common practice for enterprises in which night work is performed to offer suitable first-aid facilities. In cases where the labour inspection or social security services declare that a worker is not fit to perform night work, an employer must transfer him to a similar daytime post and, should this not be practicable, must grant him the labour benefits accorded by the law in case of dismissal. The Committee requests the Government to provide information on the progress made in this respect.

Article 7. In its previous comments the Committee noted the provisions of sections 236 and 237 of the Labour Code under which a pregnant woman worker is entitled to compulsory pre- and postnatal leave for a period of 12 weeks (six weeks before the probable date of childbirth and six weeks afterwards). The Committee recalled that under the provisions of paragraph 1(a) of the above Article, the period of leave before and after childbirth is at least 16 weeks of which eight shall be taken before the expected date of childbirth. The Committee previously requested the Government to provide information on any progress made in this respect. The Committee now observes that no progress has been made. It requests the Government to take the measures necessary to bring the provisions of the above articles into full conformity with the Convention.

Articles 9 and 10. In its previous comments, the Committee noted the statement made by the Government according to which no measures have been taken thus far with regard to the above Articles. The Committee observes that according to the Government's statement no measures have yet been taken in this respect. The Committee hopes that the Government will take appropriate measures to ensure that Articles 9 and 10 of the Convention are applied and will provide information on any progress made in this respect.

Article 11. In its previous comments the Committee noted the statement made by the Government according to which the provisions of the Convention have been partially incorporated into the Labour Code (articles 149, 204, 232, 233, 234, 235, 236, 237, 238, 239, 241 and 242). The Committee observes that according to the Government's statement no measures have yet been taken in this respect. The Committee requests the Government to provide information on the measures prescribed or taken to ensure that the provisions of the Convention are fully incorporated into the national legislation.