Bill to Amend Law No. 16-92 of May 29, 1992, which Approves the Labor Code of the Dominican Republic
On October 10, 2024, a bill was submitted to the Dominican Republic’s Senate to amend Law No. 16-92 of May 29, 1992, which approved the country’s Labor Code. In the following sections, we’ll explore the key aspects of this proposal, its potential impact on the labor sector, and the implications for both employers and workers. We invite you to keep reading to stay informed about these significant changes and how they may directly affect you!
**Key Aspects of the Bill:**
1. **Inclusion of a New Prohibition for Workers:**
Article 45, which outlines prohibitions for workers, now includes a new rule: “5. Use of electronic devices during work hours for non-work-related purposes.” This restriction is not currently in place in the existing legislation.
2. **On the Suspension of Employment Contracts:**
The bill proposes changes to Article 51, modifying two key points regarding grounds for contract suspension. The fifth clause now reads, “5. Detention, arrest, or preventive custody of the worker, rendering them unable to perform their duties, without prejudice to what is stated in Article 88, section 18.” This modification removes the need for a final ruling before ending the suspension, which currently can mean years of waiting for employers.
Additionally, a new reason is added: “13. Health authority regulations that restrict or limit the employee’s attendance at the workplace.”
3. **Extension of Paternity Leave:**
The proposal extends paternity leave to four days with paid leave for the birth of a spouse or registered partner, up from the current two days.
4. **Termination of Employment Contracts Without Liability:**
The bill amends Article 68 to allow a new type of termination without liability for either party: “4. Granting of an old-age, disability, or survivor’s pension.”
5. **Update of Labor Authority Titles:**
The bill updates references to labor authorities, changing terms like “Secretary of State” to “Minister of Labor” and “Labor Department” to “General Labor Directorate.”
6. **Increase in Overtime Limit:**
The limit on quarterly overtime hours is increased from 80 to 120 hours.
7. **Modification of Break Periods Between Shifts:**
The project redefines rest periods, allowing breaks of 30 and 15 minutes while maintaining a minimum 1-hour rest after five consecutive work hours.
8. **Possibility of Extended Working Hours:**
The bill permits extended working hours, up to 12 hours daily, provided the weekly average does not exceed 44 hours. This option requires an agreement filed with the General Labor Directorate within ten calendar days.
9. **Uninterrupted Weekly Rest:**
The bill redefines Sunday as a regular working day, with ordinary pay if a worker’s weekly rest falls on a different day.
10. **Extension of Vacation Time:**
The bill proposes an extra vacation day, with workers eligible for up to 18 days after five years of continuous service.
11. **Suspension of Dismissal Period During Vacation:**
Article 190 is modified to explicitly state that the dismissal period is suspended during a worker’s vacation.
12. **Changes to Legal Tips:**
The bill updates tipping rules to exclude managerial and administrative staff from mandatory tips, adjusting distribution based on qualification and customer service impact.
13. **Maternity Protection:**
The bill confirms the prohibition of dismissal for pregnant workers during pregnancy, maternity leave, and up to three months post-partum.
14. **Domestic Workers’ Rights:**
The project proposes renaming “domestic worker” to “household worker” and specifies that food and lodging are excluded from wage calculations. It also sets a minimum work age of 16 and provides mandatory rest periods.
15. **Judicial Procedures:**
Significant amendments to Articles 467 to 706, including adding a labor conciliator judge, extending deadlines, and introducing audiovisual records for executive seizures.
16. **Penalties and Fines:**
Increased fines based on the type and number of infractions, individually accumulated for each worker.
17. **Formal Inclusion of Remote Work:**
Teleworking is formally included, with requirements for employers to provide equipment, cover installation costs, and ensure professional training for workers.
These comprehensive changes aim to modernize the Labor Code and address current workplace realities and workers’ rights.