Extent of Protection
In the Dominican Republic, the Labour Code establishes the principle of equal pay for equal work. Also, the Dominican Republic has ratified Convention C. 100 of the International Labour Organisation on equal pay. Notwithstanding the preceding, the employer may establish different conditions when justified by objective parameters (seniority, responsibilities, tasks and performance). Equal pay is guaranteed for work of equal value, free of gender or any other form of discrimination, and under the same conditions of capacity, efficiency and seniority.
If a company does not comply with the equal remuneration regulations, the company may be subject to: i) inspection by the Ministry of Labour, which may oblige the company to pay administrative and criminal sanctions; and ii) individual labour claims filed by employees or former employees, in which moral damages are claimed for discriminatory treatment and payment of salary differences.
Equal pay for equal work is not a common labour claim in the Dominican Republic. In principle, it is not a regular violation of the labour practice of the Dominican Republic. In any case, the Inspection Department of the Ministry of Labour can take efficient measures in this regard. The Ministry of Labour is the institution with the primary concern of enforcing labour laws in the Dominican Republic. There are also specialised labour courts familiar with the kinds of issues that can arise between employees and employers. The Labour Courts are the principal means for the resolution of conflicts between employees and employers.
There is no requirement for the employer to take any action to address pay discrimination, except reporting the payroll, in a form called DGT3, annually to the Ministry of Labour. By the principle of good faith, the employer must comply with the Constitution, statutory law and international treaties.