Overtime in The Dominican Republic
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ScribdTranslationsOvertime in The Dominican Republic
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ScribdTranslationsThe payment of overtime in the Dominican Republic.
Within the activities of every company, there are occasions when
Workers must work overtime.
That is to say, they must work beyond their normal working hours.
due to some extraordinary situation.
Just as happens with all the other areas of work within the country
Dominican law also governs matters related to overtime hours. In the
The Labor Code outlines the rules to follow regarding payment.
of overtime in the Dominican Republic.
In this article, we will explain what those rules are and how
the payment for overtime hours is calculated in the Dominican Republic.
To begin with, as you know, within each company there is a schedule.
of regular work that you must fulfill. This time is known as
as an ordinary journey.
Any time that falls outside of this schedule is considered as
overtime hours or extra hours in the Dominican Republic.
First, let's see how long regular working hours should last:
Types of work shifts
According to Article 147 of the Labor Code, the duration of the workday
The work schedule is determined in your contract. But it cannot be more than
8 hours a day or 44 a week.
Every weekly session ends at noon on Saturday. That is to say that
Saturday afternoon and all day Sunday are considered rest days.
However, depending on the type of company or the service that
providing, the Secretary of State for Labor may order that the
weekly schedule ends at a different hour.
This will be in agreement with the interested companies.
If it involves hazardous work or working conditions that are unhealthy, the
the maximum number of daily hours is 6. Weekly, it is 36. Of course,
The reduction in working hours does not imply a reduction in salary.
The few cases in which this is not applicable are:
Representatives or agents of the employer.
Management or inspection positions.
Workers of small family-type rural businesses or
of a single person.
Intermittent work or that requires only the presence of the
worker in the company. However, they are not allowed either
more than 10 hours a day in these cases.
Workdays can be of 3 types:
Daytime: From 7 a.m. to 9 p.m.
Nocturnal: From 9 p.m. to 7 a.m.
Mixed: The one that has hours during the day and night shift, always
and when the night shifts are no more than 3 (otherwise it will
consider all night.
Each shift must have at least one intermediate break of at
less than 1 hour after 4 consecutive ones. Or 1.5 hours later
of 5 consecutive.
As already mentioned, the work schedule is established freely.
in each contract.
Outside of this schedule, the workdays can only be extended in case
that it is essential for:
Accidents that have occurred or are imminent.
2. Essential jobs whose cessation may cause
serious harm.
3. Work whose interruption may damage the raw material.
4. Fortuitous event or force majeure.
5. If there is an extraordinary increase in work.
What is the maximum number of overtime hours that can be
to work?
When the employer needs to extend the regular working hours, they are
in obligation to notify the Local Labor Representative, for
that verifies the case.
Similarly, no more than 80 overtime hours can be accumulated.
quarterly.
For companies where the work is continuous operation,
There must be 8-hour shifts for the workers.
In these cases, the workday can be extended by 1 more hour, but without
exceed 50 hours per week.
Obviously, the first 44 are paid as regular, the rest are
they pay as extras.
The Code establishes that, in each company, it must be in a place
the following information is visible:
Start and end times of the workday for each worker
Intermediate rest periods
Weekly rest days of each worker
In case of needing to do overtime, the employer must provide
also the schedule, the cause, and the extraordinary compensation that goes
to pay each person.
In addition, each company must keep a record of the overtime hours.
that each worker does.
How are overtime hours paid in the Dominican Republic?
We have reached the part that interests us, which is to know how it is calculated.
payment for overtime hours.
First, let's take a look at the theory in the Labor Code:
Art. 203.- The wages corresponding to overtime hours of
work must be paid to workers in the following way:
1. For each hour or fraction of an hour worked in excess of the
workday of up to sixty-eight hours per week, with a
increase of no less than thirty-five percent over the value
from standard time;
2. For each hour or fraction of an hour worked in excess of
sixty-eight hours per week, with a raise of no less than
one hundred percent over the value of the normal hour.
In case the worker's salary is paid by labor
Surrendered, the value of the normal working hour will be determined by the
quotient resulting from dividing the amount of the earned salary by the
number of hours spent on that work.
What does all this mean?
First: that if you work more than 44 hours a week, but less
From 68, your overtime is worth a normal hour plus 35%.
surcharge.
Starting from 68 hours, if you have more extras, they are paid at 100%.
additional
The hours are determined by dividing your monthly salary by 23.83
(average working days in the month).
Then, that amount divided by the duration of your ordinary shift, which
It is normally 8 hours, as already seen.
Note: If the work is for a project, then you divide your earned salary by
the hours spent on each work.
Let's see an example of how overtime hours are calculated in
Dominican Republic
Imagine that your salary is RD$21,000 and your normal schedule is
Work is from 7 a.m. to 4 p.m. Then, in one week you must work
until 5 in the afternoon from Monday to Friday. With this, you accumulated 5
overtime during the week.
The first thing you will do is calculate the value of your regular hour. You divide
your monthly salary divided by 23.83
RD$21,000 / 23.83 = RD$881.24
Then during your regular shift, which is 8 hours in this case.
RD$881,24 / 8 = RD$110,16
You need to multiply this value of your regular hour by 1.35 to
determine the value of your overtime hour:
RD$110.16 x 1.35 = RD$148.71 per overtime hour
Finally, you multiply it by the overtime hours you have accumulated:
148,71 x 5 =RD$743,55
Overtime in night work
An important point to know is that night work is paid.
with a 15% increase over the regular hourly rate.
Therefore, in case of working overtime during night hours,
you must multiply:
The regular hour for 35%
The same regular hour for 15%
Then you will add both amounts.
Example of payment for overtime during night hours:
Following the previous example, imagine that on one occasion it is your turn
to start work at 6 a.m. In this case, you accumulate 1 extra hour,
but it falls within the considered nighttime period.
Therefore, the ordinary hour we have determined is RD$110.16
it will be operated as follows:
RD$110.16 x 1.35 = RD$148.71
RD$110,16 x 1,15 = RD$126,68
Now we add:
RD$148.71 + 126.68 = RD$275.39
As in this case, it is only 1 hour, when multiplied by the quantity of
Accumulated overtime, the value does not change.
Easy, right?
One last point to note:
In case you have to work on a day off or on a day
that it is considered legally non-working due to being a holiday, the payment for
The worked hour is 100% additional, meaning it is paid double.
Therefore, you must multiply your regular hours by 2 and then by the
hours worked on such days.
As you have seen, the calculation of overtime payment in
The Dominican Republic is quite simple. But remember that everything
overtime must be authorized and a record must be kept.
This way, you will always know how much they owe you.
