What does the government resolution that seeks to regulate domestic work say?
The Ministry of Labor (MT) prepared a draft that seeks to formalize domestic work to comply with an international commitment that the Dominican Republic assumed seven years ago and that, although theoretically, it is in force, in practice, it has not yet been applied.
By ratifying, in 2015, Convention 189 of the International Labor Organization (ILO) on domestic workers, it acquired the status of law in the country so that the corresponding authorities have the power to implement the measures necessary for your application.
Article 18 of the agreement establishes that “every member, in consultation with the most representative organizations of employers and workers, shall put into practice the provisions of this agreement through legislation and collective agreements or other appropriate additional measures. with national practice, by extending or adapting existing measures to apply also to domestic workers or by developing specific measures for this sector, as appropriate”.
This is what the Ministry of Labor seeks to do through a resolution subject to public consultation for 25 days to present a consensual proposal.
What does the resolution say?
In the first place, the resolution defines domestic work as that which is carried out in a home, in the kitchen, cleaning, assistance, and other tasks, typical of a home or place of residence or private room, without profit or business for the employer or their relatives.
It says that the parties (worker and employer) must sign a written contract, one of which must be sent to the Ministry of Labor together with a copy of the identity card of both.
The contract must specify the type(s) of work to be performed by the worker, remuneration, working hours, vacations, rest periods, food and accommodation (where applicable), and conditions relating to termination of the employment relationship, among others.
Regarding working hours, although they will be determined jointly by the parties, they may not exceed eight hours a day or 44 hours a week, as established by the Labor Code.
Workers would enjoy a weekly rest of no less than 36 hours. If they provide services on their rest day, they could choose to receive their regular salary increased by 100% or take a compensatory rest the following week.
“The salary can never be less than the minimum wage that the National Salary Committee dictates for this sector,” the resolution establishes.
As for payment, he says that it will preferably be made in cash or other legal means, weekly, every fortnight, or monthly.
Regarding vacations, the provisions of the Code will apply, which are 14 days with salary enjoyment after continuous work for not less than one year nor more than five and 18 days after five years.
Regarding labor benefits and acquired rights, the resolution only contemplates the payment of advance notice.
These are some of the proposals of the Ministry of Labor that seek to guarantee the rights of domestic workers. It does not include new aspects that are not contemplated in national laws.
However, its implementation entails many challenges, of which the authorities are aware, and for this reason, they have begun a process of socializing the initiative so that the population does not issue opinions based on misinformation.