The problem is in the form, not the content, highlights a Diario Libre editorial when summarizing why the Constitutional Court rejected a Ministry of Labor resolution that sought to improve working conditions of domestic help in the Dominican Republic.
The Constitutional Court ruled that the Ministry of Labor exceeded its attributions when issuing Resolution 14-2022 with new rules on domestic help in the Dominican Republic. The domestic help relationship is covered in the Labor Code.
Diario Libre explained in a feature published on 9 June 2023 that the resolution violates the 2015 Constitution. The Constitutional Court found that the resolution is an overreach by the Ministry of Labor. The resolution violates the separation of powers in government, is an illegal modification of the Labor Code and disregards provisions of Convention 189 of the International Labor Organization (ILO) that orders the country to update its legislature. In response, instead of amending the Labor Code, the Ministry issued Resolution 14-2022.
The Constitution Court ruled that Minister of Labor Luis Miguel de Campos exceeded his scope of action. The Constitutional Court says that the Minister of Labor cannot unilaterally amend the Labor Code. The Ministry of Labor can only establish norms that assist in applying the articles in the Code. Only Congress can amend the Labor Code.
President Luis Abinader said the government would find a legal way to improve the conditions of domestic help. The Ministry of Labor has yet to issue a statement on the Constitutional Court opinion.
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12 June 2023