2023News

The Constitutional Court rejects Ministry of Labor’s new domestic help mandate

The Constitutional Court declared unconstitutional Resolution 14-2022 of the Ministry of Labor, which orders employers of domestic help to adopt and harmonize measures related to the improvement of compliance with Article 89 of the International Labor Organization.

The TC ruled on a direct action of unconstitutionality submitted by Luis Vilchez Bournigal:
“To accept the action described above, and consequently, to declare Resolution number 14-2022, on the adoption and harmonization of measures related to the improvement of compliance with Convention 189 of the International Labor Organization (ILO), issued by the Ministry of Labor on August 25, 2022, not in conformity with the Constitution, for the reasons stated,” explained the Plenary of the TC in Resolution TC-012022-0041.

Domestic Help Resolution 14-2022, which came into effect on 19 December 2023, establishes that employers are obliged to register the domestic worker before the Dominican Social Security System (TSS). While there are over 200,000 domestic workers in the country, in the first six months of the resolution less than 1,000 have been registered by employers.

The Ministry of Labor has yet to remark on the decision by the Constitutional Court.

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7 June 2023