Dominican Republic

Executive Summary

The Dominican Republic is a representative constitutional democracy. In July, Luis Abinader of the Modern Revolutionary Party was elected president for a four-year term. Impartial outside observers assessed the election as generally free, fair, and orderly.

The National Police are under the minister of interior and police and in practice report to the president. The Airport Security Authority, Port Security Authority, Tourist Security Corps, and Border Security Corps have some domestic security responsibilities and report to the Ministry of Armed Forces and through that ministry to the president. The National Drug Control Directorate, which has personnel from both police and armed forces, reports directly to the president, as does the National Department of Intelligence. Both the National Drug Control Directorate and the National Department of Intelligence have significant domestic security responsibilities. Civilian authorities generally maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included: reports of unlawful or arbitrary killings by government security forces; torture by police and other government agents; harsh and life-threatening prison conditions; arbitrary detention; serious problems with the independence of the judiciary; arbitrary interference with privacy; criminal libel for individual journalists; serious government corruption; trafficking in persons; and police violence against lesbian, gay, bisexual, transgender, and intersex persons.

The government took some steps to punish officials who committed human rights abuses, but there were widespread reports of official impunity and corruption, especially among senior officials.

Section 7. Worker Rights

The law provides for the right of workers, with the exception of the military and police, to form and join independent unions, conduct legal strikes, and bargain collectively; however, it places several restrictions on these rights. For example, the law restricts collective bargaining rights to those unions that represent a minimum of 51 percent of the workers in an enterprise. In addition the law prohibits strikes until mandatory mediation requirements have been met.

Formal requirements for a strike to be legal also include the support of an absolute majority of all company workers for the strike, written notification to the Ministry of Labor, and a 10-day waiting period following notification before the strike can proceed. Government workers and essential public service personnel may not strike. The government considers the following as essential workers: teachers and public service workers in communications, water supply, energy supply, hospitals, and pharmacies.

The law prohibits antiunion discrimination and forbids employers from dismissing an employee for participating in union activities, including being on a committee seeking to form a union. Although the Ministry of Labor must register unions for the unions to be legal, the law provides for automatic recognition of a union if the ministry does not act on an application within 30 days. The law allows unions to conduct their activities without government interference. Public-sector workers may form associations registered through the Office of Public Administration. The law requires that 40 percent of employees of a government entity agree to join for the association to be formed. According to the Ministry of Labor, the law applies to all workers, including foreign workers, those working as domestic workers, workers without legal documentation, and workers in the free-trade zones.

The government did not effectively enforce laws related to freedom of association and collective bargaining, and penalties were not commensurate with other laws involving denials of civil rights. The process for addressing labor violations through criminal courts can take years, leaving workers with limited protection in the meantime. In recent years there were reports of intimidation, threats, and blackmail by employers to prevent union activity. Some unions required members to provide identity documents to participate in the union despite the fact that the labor code protects all workers regardless of their legal status.

Labor NGO representatives reported companies resisted collective negotiating practices and union activities. In recent years companies reportedly fired workers for union activity and blacklisted trade unionists, among other antiunion practices. Workers reported they believed they had to sign documents pledging to abstain from participating in union activities. Companies also created and supported “yellow” or company-backed unions to counter free and democratic unions. Formal strikes occurred but were not common.

Few companies had collective bargaining pacts, partly because companies created obstacles to union formation and could afford to go through lengthy judicial processes that independent unions could not afford.

The law prohibits all forms of forced or compulsory labor. The law prescribes imprisonment and fines for persons convicted of engaging in forced labor. Such penalties were not commensurate with penalties for analogous crimes.

Forced labor of adults occurred in construction, agriculture, and services. Forced labor of children also occurred (see section 7.c.).

The law applies equally to all workers regardless of nationality, but Haitian workers’ lack of documentation and uncertain legal status in the country made them more vulnerable to forced labor. NGO representatives reported many irregular Haitian laborers and citizens of Haitian descent did not exercise their rights due to fear of being fired or deported.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report.

The law does not prohibit all of the worst forms of child labor in a manner consistent with international standards. The law prohibits employment of children younger than 14 and places restrictions on the employment of children younger than 16, limiting them to six working hours per day. For persons younger than 18, the law limits night work and prohibits employment in dangerous work such as work involving hazardous substances, heavy or dangerous machinery, and carrying heavy loads. The law provides penalties for child labor violations, including fines and prison sentences. Penalties were not commensurate with penalties for analogous crimes.

The Ministry of Labor, in coordination with the National Council for Children and Adolescents, the National Police, the Attorney General’s Office, and the Specialized Corps for Tourist Safety Local Vigilance Committees, is responsible for enforcing child labor laws. The government did not effectively enforce the law. There were insufficient inspections, and inspectors lacked authority to initiate sanctions. Incomplete or incorrect labor inspection reports and insufficient prosecutorial resources led to few prosecutions on criminal matters involving child labor issues.

The porous border with Haiti allowed some Haitian children to be trafficked into the country, where they were forced into commercial sexual exploitation or forced to work in agriculture, often alongside their parents, or in domestic work, street vending, or begging (see also section 6). Children were also used in illicit activities including drug trafficking.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

The constitution creates a right of equality and nondiscrimination, regardless of sex, skin color, age, disability, nationality, family ties, language, religion, political opinion or philosophy, and social or personal condition. The law prohibits discrimination, exclusion, or preference in employment, but there is no law against discrimination in employment based on sexual orientation, gender identity, or stateless status. No law mandates equal pay for equal work.

The government did not effectively enforce the law against discrimination in employment, and penalties were not commensurate with penalties for other civil rights violations. Discrimination in employment and occupation occurred with respect to persons with HIV or AIDS, and against persons with disabilities, persons of darker skin color, those of Haitian nationality, and women (see section 6).

In September 2019 the Ministry of the Economy released a report showing the per-hour labor wage gap between men and women continued to increase.

e. Acceptable Conditions of Work

The law provides for a minimum wage that varies depending on the size of the enterprise and the type of labor. As of October 2019, the minimum wage for all sectors within the formal economy, except sugar cane harvesters, was above the official poverty line; however, a study by the Juan Bosch Foundation found that only one-half of the minimum wage rates were high enough for a worker to afford the minimum family budget.

The law establishes a standard workweek of 44 hours, not to exceed eight hours per day on weekdays, and four hours on Saturdays before noon. Agricultural workers are exempt from this limit, however, and may be required to work up to 10 hours each workday without premium compensation.

The law covers different labor sectors individually. For example, the laws covering domestic workers establish lower standards for hours of work, rest, annual leave, sick leave, and remuneration than for other sectors and do not provide for notice or severance payments. The labor code also covers workers in the free-trade zones, but those workers are not entitled to bonus payments, which represent a significant part of the income of most workers in the country.

The law applies to both the formal and informal sectors, but it was seldom enforced in the informal sector, which comprised approximately one-half of all workers. Workers in the informal economy faced more precarious working conditions than formal workers.

The Ministry of Labor sets occupational safety and health (OSH) regulations that are appropriate for the main industries. By regulation employers are obligated to provide for the safety and health of employees in all aspects related to the job. By law employees may remove themselves from situations that endanger health or safety without jeopardy to their employment, but they may face other punishments for their action.

Authorities conducted inspections but did not effectively enforce minimum wage, hours of work, and OSH standards. Penalties for violations were not commensurate with those for similar crimes. The number of labor inspectors was not sufficient to enforce compliance. Inspectors had the authority to conduct unannounced inspections and to recommend sanctions. The Public Ministry, the independent prosecutors’ ministry, is responsible for pursuing and applying penalties for labor violations uncovered by labor inspectors; in practice it infrequently applied penalties.

Mandatory overtime was a common practice in factories, enforced through loss of pay or employment for those who refused. The Federation of Free Trade Zone Workers reported that some companies in the textile industry set up “four-by-four” work schedules under which employees worked 12-hour shifts for four days. In a few cases employees working the four-by-four schedules were not paid overtime for hours worked in excess of the maximum allowable work hours.

Conditions for agricultural workers were poor. Many workers worked long hours, often 12 hours per day and seven days per week, and suffered from hazardous working conditions, including exposure to pesticides, long periods in the sun, limited access to potable water, and sharp and heavy tools. Some workers reported they were not paid the legally mandated minimum wage.

Industrial accidents caused injury and death to workers. During the year a court ordered a fuel supplier to pay two million Dominican pesos ($34,000) to the family members of three workers killed in a 2018 explosion at a plastics factory that left six persons dead and many others wounded.

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