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Last updated on: November 6th, 2024
Labor Requirements
The Labour Law in the Dominican Republic is regulated mainly by the Labor Code of 1992 (last amended as of 2021). The Labor Code governs the terms and conditions of employment such as working hours, overtime, night work and rest periods, wages, and other employment conditions. The different regulations that govern the employment relationship are Law No. 139 of 1997 on Public Holidays, Law No. 87-01, and The Dominican Republic Resolution of 2017 Art. 211-14.
Hours & Pay Regulations
Normal Working Hours
An employee’s normal working hours shall not exceed 8 hours per day and 44 hours per week (exclusive of overtime). Daytime is the period between 7 am and 9 pm. Employees work from Monday through Friday and half a day on Saturdays. The weekly work day will end at 12 pm on Saturday.
Limitation of Working Hours – The working day in tasks or conditions declared dangerous or unhealthy may not exceed 6 hours per day or 36 hours per week. This reduced working day does not mean a reduction in the salary corresponding to the normal working day.
The limitation of working hours does not apply to employees holding managerial positions, representatives/agents of the employer, employees of the same family working in small rural establishments, or employees carrying out intermittent tasks. However, such employees cannot work for more than 10 hours a day (inclusive of overtime).
By agreement between the employer and its employees, continuous working days can be established, however, the total working hours shall not exceed 10 hours per day in commercial activities and 9 hours per day in industrial activities, and the weekly working hours does not exceed 45 hours per week and 44 hours per week respectively.
Averaging of working hours – The government authority may authorize the distribution of working hours over a period greater than 1 week, however, the average duration of work, calculated on the number of weeks considered, shall not exceed 44 hours per week and that in no case the daily hours of work exceed 10 (inclusive of overtime).
Mixed Shift – A mixed shift is a shift that includes periods of day and night shifts. However, the night period shall be less than 3 hours, otherwise, the mixed shift is considered as the night shift.
Scheduling of working hours – An employer shall place a schedule signed by the government authority consisting of details including the start and end times of each employee’s day, intermediate rest periods between the day, and the weekly rest day of the employee.
Continuous Operation – Any break period between or during work shifts is set by the parties according to the use and custom of the locality or according to the nature of the work, and it does not apply to continuously operating companies.
By agreement between the employer and its employees, continuous working days can be established, provided that they do not exceed 10 hours a day in commercial activities and 9 hours in industrial activities, without the weekly working day in any case exceeding 45 hours.
In companies where the work is of continuous operation due to the very nature of the work, the personnel must take turns every 8 hours of work. In these cases, the working day may be extended for 1 more hour, but the weekly average may not exceed, in any case, 50 hours, paying as overtime for those rendered over 44 hours per week. Labour Code, Art 146-148. 154-158.
Recording Requirements
An employer shall maintain records of working hours, work stoppages and causes, hours worked overtime, remuneration due, age, etc concerning each employee.
Employers shall also keep records of annual leaves consisting of particulars including:
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- The date on which the employees begin to provide services and the duration of the paid annual leaves to which each employee is entitled to;
- The date on which each employee takes the annual paid leave;
- The remuneration received by each employee during the period of their paid annual leaves
Labour Code, Art. 161 and 189.
Overtime
Any work performed beyond 8 hours per day and 44 hours per week is considered overtime. Overtime work can be at most 80 hours in a quarter.
The hours of work rendered more than the normal working day and on the days legally declared non-working, must be paid, without any exception, at an overtime premium rate.
Pay – An employee is entitled to overtime in the below manner:
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- For each hour or fraction of an hour worked more than the day and up to 68 hours per week, a premium of 35% on the regular wages, and
- For each hour or fraction of an hour beyond 68 hours per week, a premium of 100% on the regular wages.
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Labour Code, Art 154-156, 203.
Night Work
Night shift is a shift performed between 9 pm and 7 am. If a mixed shift consists of 3 hours or more of night work, it is considered a night shift.
Pay – An employee who performs work on the night shift is entitled to a premium of 15% of the regular salary. Labour Code, Art 149 & 204.
Breaks
An employee shall be provided a break during a work day for a duration which cannot be less than 1 hour after 4 consecutive hours of work and 1.5 hours after 5 hours of consecutive work. Labour Code, Art 157.
Weekly Rest Periods
Every employee has the right to an uninterrupted weekly rest period of 36 hours. This rest period will be agreed between the employer and employee and can start any day of the week. In the absence of an arrangement between the parties, the weekly rest period begins on Saturday at noon.
During all Sundays and other days of religious reverence that are declared non-working days by law, companies and establishments of any nature must suspend their activities and not open their doors to the public. Labour Code, Art 163 & 164.
Work On Rest Days
Pay – An employee who performs work on a weekly rest day is entitled to choose between either a premium of 100% of the regular salary or compensatory time off for a duration equal to the work performed during the weekly rest period.
The days declared non-working by the Constitution or the laws, are paid rest days for the employee unless they coincide with the weekly rest day.
Public Holidays
Employees are entitled to following 13 public holidays:
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- New Years – 1st January
- Three Kings´ Day – 6th January
- Day of the Virgin of Altagracia -21st of January
- Birthday of Juan Pablo Duarte (Founding Father) – 26th of January
- Independence Day – 27th of February
- Labor Day – 1st of May
- Anniversary of the Restoration of Independence – 16th of August
- Day of the Virgin of Mercedes – 24th of September
- Constitution Day – 6th of November
- Christmas – 25th of December
- Easter Sunday – date varies
- Good Friday – date varies
- Thursday of Corpus Christi – date varies
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All holidays are celebrated on the previous Monday if they fall on a Tuesday or a Wednesday and are celebrated on the following Monday if they fall on a Thursday or Friday.
Pay – Work performed on paid public holidays must be compensated at a 100% premium on the normal wages. Labour Code, Art 166 & 205 and Law No. 139 of 1997 on Public Holidays.
Annual Leave
Duration of Annual Leave – An employee acquires the right to annual leave after a year of service with the employer. An employer shall provide a vacation period of at 2 weeks to employees in the below manner:
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- Employees with 1 to 5 years of continuous service are entitled to 14 days of paid vacation per year.
- After 5 years of continuous employment, the amount of paid vacation rises to 18 days.
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Minimum Entitlement of Annual Leave – Vacation time may be taken as agreed between the employer and employee, but the employee must be permitted to take at least 1 continuous week of vacation.
Annual Leave Entitlement for Employees with Less than 1 Year Service – Employees who are subject to an employment contract for an indefinite period and do not have the opportunity to provide uninterrupted services for 1 year because of no fault on their part, shall be entitled to annual vacation proportional to the time worked, if the period of service is greater than 5 months.
Method of Entitlement of Annual Leave for Employees with Less than 1 Year Service : The following scale applies in the case of the employees mentioned in the above paragraph:
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- Employee with more than 5 months of service is entitled to 6 days;
- Employee with more than 6 months of service is entitled to 7 days;
- Employee with more than 7 months of service is entitled to 8 days;
- An employee with more than 8 months of service is entitled to 9 days;
- Employee with more than 9 months of service is entitled to 10 days;
- Employee with more than 10 months of service is entitled to 11 days;
- An employee with more than 11 months of service is entitled to 12 days.
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Annual Leave Pay – Vacation pay must be paid the day before the employee takes the leave along with the salary which the employee would have received if not on annual vacation. The salary corresponding to the vacation period includes the usual remuneration as well as the equivalent of remuneration in kind, if any.
Timing of Annual Leave – Employers must establish and distribute, during the first 15 days of the month of January, the vacation periods of the employees. The employer’s distribution of vacation period may vary, if necessary, but under no circumstance will the employees cease to fully enjoy the vacation within 6 months from the date of acquisition of the right to annual vacation.
Termination of employment – An employee whose employment relationship is terminated shall be paid for the duration of annual leave not taken by the employee.
Suspension of Annual Leave due to Justified or Unjustified Absence – Annual vacations cannot be suspended or reduced because of the employee’s absences, due to illness or other justified cause. Annual vacation may not be suspended or reduced in cases of unjustified absence, provided that the employer has not paid the employee for those days not worked. Labour Code, Art 177-188.
Special Leave
Duration of Sick Leave: There is no limit on the number of days of sick leave that may be taken by the employee.
Sick Leave Pay – After a three-day waiting period, Social Security pays 60 percent of the employee’s earnings in the past six months (40 percent if hospitalized) for up to 26 weeks to employees who have at least 12 months of social security contributions. In case of accident or illness, employees are entitled only to receive medical care and compensation as may be specified by social security. Law No. 87-01 Art 131.
Duration of Leave – A pregnant employee shall be entitled to paid maternity leave for 7 weeks before the date of delivery and 7 weeks post the birth of a child. The total duration of maternity leave shall not be less than 12 weeks (prenatal and postnatal).
If the employee does not use the entire 7 weeks of prenatal maternity leave, in such a case, the untaken leave can be added to the post-natal leave period.
If the employee wishes to take her annual leave immediately after the conclusion of the maternity leave, the employer must permit the same.
If, as a result of pregnancy or childbirth, the work performed is detrimental to her health or that of the child, and this is proven by means of a certification issued by a doctor, the employer is obliged to provide the employee with a change of job.
Notification Requirement – The employee must notify her pregnancy to the employer, by any reliable means. The notification must indicate the expected date of delivery.
If the employee is unable to return to work after exhausting her maternity leave, she must provide notification to the employer and the Ministry of Labor supported by a medical certificate and may then take additional leave without pay.
Pay – The pre and post-natal rest is paid with the ordinary salary earned by the employee. If the employee is covered by social security, the maternity leave pay will be paid half by the employer and half by social security.
Breastfeeding Break – An employee is entitled to three 20-minute breaks per day for nursing the infant. The employee is also entitled to one-half day off per month during the first year after birth to take the child to paediatric care.
Pediatric Care Leave – During the first year of the birth of the child, the employee may have half a day each month, according to her convenience, to take the child to pediatric care. Labour Code, Art 231-243 & The Dominican Republic Resolution of 2017 Art. 211-14.
The Constitutional Court has struck down the government-paid paternity leave entitlement of two days under the Labor Code, on the grounds that it violates the right to equality based on gender and the principle of reasonableness established by the constitution.
After debate, earlier this year the Chamber of Deputies approved a version that would extend government-paid paternity leave to 10 working days in the cases of birth and adoption, but the bill is still with the Senate. However, the ruling has a two-year deferred effect. An employee can still take advantage of the 2-day leave until October 2025. The government has two years to establish a new paternity leave policy. Labour Code, Art 54.
An employee is entitled to 3 days of paid leave for the death of their grandparent, parent, children or spouse/partner. Labour Code, Art 54
An employee is entitled to 5 days of paid leave for their marriage. Labour Code, Art 54.
