Employment 2025

DOMINICAN REPUBLIC Law and Practice Contributed by: Carlos Hernández Contreras, Hernández Contreras & Herrera

lished, provided that they do not exceed 10 hours per day in commercial activities and 9 hours in industrial activities, and in no case may the work - ing week exceed 44 hours.” • “For agricultural, industrial agricultural, livestock, or forestry companies, all provisions of this Code shall apply, with the exception of those relating to working hours... In any case, the working day shall not exceed 10 hours.” • “Workers who perform intermittent work or whose presence is required at the workplace... These workers may not remain at their place of work for more than 10 hours per day.” • “The working day of workers employed in transport vehicles providing intermittent services or between two or more municipalities may not exceed 10 hours per day or 60 hours per week.” In relation to all these cases in which the law allows the normal working day to be exceeded, it should be clarified that in the first two cases (continuous opera - tion companies and continuous working days) these are companies and workers subject to the ordinary working day and therefore subject to overtime pay when exceeding 44 hours per week. This is not the case for the other cases, which are outside the scope of the ordinary working day, mean - ing that it does not matter if they exceed 44 hours and reach 60 hours, as in any case no overtime will have to be paid. The other relevant clarification is that these limits of ten hours per day and 60 hours per week should in no way be interpreted as limits from which overtime begins to be calculated. Overtime will always be paid from 44 hours per week, with the increase provided for in Article 203 of the Labor Code. The minimum wage in accordance with Resolution CNS-01-2025, of the National Wage Committee, is as follows. • Large companies – 151 workers and upwards or gross sales over DOP288,351,329.30, with a mini - 1.4 Compensation The Minimum Wage

mum salary of DOP27,988.80 as of 1 April 2025 and DOP29,988.00 as of 1 February 2026. • Medium-size companies – 51 to 150 workers and gross sales of DOP288,351,329.30, with a mini - mum wage of DOP25,656.96 as of 1 April 2025 and DOP27,489.60 as of 1 February 2026. • Small companies – 11 to 50 workers and gross sales of DOP77,084,018.72, with a minimum wage of DOP17,193.12 as of 1 April 2025 and DOP18,421.20 as of 1 February 2026. • Micro-enterprises – up to ten workers and gross sales of DOP11,419,854.62, with a minimum salary of DOP15,860.32 as of 1 April 2025 and DOP16,993.20 as of 1 February 2026. • Private vigilants (private security guards usu - ally hired by companies) – minimum sal - ary of DOP22,990.80 as of 1 April 2025 and DOP24,633.00 as of 1 February 2026. • Farm workers – minimum daily wage for an eight- hour workday of DOP666.40 as of 1 April 2025 and DOP714.60 as of 1 February 2026. The classification of companies according to their size is provided in Resolution 79-2025, on indexation of the annual gross sales value for the classification of companies, of the Ministry of Industry, Commerce and MSMEs (MICM), which is issued every year, in compliance with Law 488-08, which establishes the regulatory regime for MSMEs. According to Article 2-Bis (as amended by Law 187- 17) of Law 488-08, which establishes the regulatory regime for MSMEs, all institutions in the country – MT, TSS, DGII, etc – that implement regulations aimed at MSMEs, “shall [be classified] by size... established in... the present law.” Minimum wage rates are reviewed every two years by the National Wage Committee, after consulting with the most representative employer and worker asso - ciations. Participation in the Profits of the Company According to Article 223 of the Labor and Employment Code, it is mandatory for every company to grant par - ticipation equivalent to 10% of the annual profits or net profits to all its workers for an indefinite period.

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