WORKING HOURS AND OVERTIME IN THE DOMINICAN REPUBLIC (2022).

Updated in October 2026: The section on night shift wages was reviewed to clarify that night overtime hours are calculated based on the night hourly rate (regular hourly rate plus 15 %). You can estimate your overtime hours with the InnovaJurisRD overtime calculator.

Talking about working hours might seem redundant. However, serious legal questions exist regarding this topic, especially among workers and small business owners. Similarly, the issue of overtime, or extra hours as it's commonly known, tends to confuse many people.

The Labor Code Established by Law 16-92 of May 29, 1992, it regulates all aspects related to labor relations in the private sector and some public sector entities.

In this article, we'll explore the most important aspects of working hours, including standard working hours, special work schedules, and overtime, as well as the correct way to calculate them. If you'd like to learn more, please read on.

THE ORDINARY DAY

In this regard, working hours are regulated in Book III, Title II of the aforementioned Code. Working hours¹ “"It is all the time that the worker cannot use freely, because it is at the exclusive disposal of his employer.".

This indicates that during the working day the worker cannot freely dedicate his time, but must dedicate himself to the tasks for which he has been hired.

The length of the workday is determined by agreement between the worker and their employer². However, this may not exceed eight (8) hours per day or forty-four (44) hours per week.³.   

Unless otherwise agreed, the weekly work schedule shall end at noon (12:00) on Saturday. However, in consideration of the requirements of certain types of companies or businesses and special needs, the work schedule may end at a time different from that established in Article 147, while maintaining the limit of the ordinary workday.

Reduced working hours for dangerous and unhealthy jobs

Working hours for tasks or conditions declared dangerous or unhealthy may not exceed six hours per day or thirty-six hours per week. This reduced work schedule does not imply a reduction in the salary corresponding to a normal workday.⁴.

Types of work schedule

In accordance with the Labor Code, there are three types of work schedules in the Dominican Republic. These are⁵:

1. Daytime shift: It is the period between seven (7:00 AM) in the morning and nine (9:00 PM) at night.
2. Night shift: It is the period between nine o'clock at night (9:00 PM) and seven o'clock in the morning (7:00 AM).
3. Mixed shift: It is the one that includes periods of the day and night shifts, provided that the night period is less than three hours, otherwise it is considered a night shift.

From a simple reading of this article, it can be deduced that employers, workers, and legislators agreed to define the schedules for day and night shifts, since, naturally, a schedule that extends until nine at night cannot be considered to be within the daytime period.

Exceptions to the limit on working days

Unless otherwise agreed, the provisions of Article 147 are not applicable in the following cases⁶:

1. To workers who act as representatives or agents of the employer.
2. To workers who hold management or inspection positions.
3. To the workers of small rural establishments run by members of the same family or by a single person.

As can be seen, workers acting as representatives of the company, managers and supervisors cannot demand compliance with an eight (8) hour workday and in case they work more than the ordinary workday, they do not have the right to demand payment of excess overtime, unless their employment contract or a collective agreement dictates otherwise.

This also does not apply to workers who perform intermittent tasks or whose presence at the workplace is required. However, these workers cannot remain at their workplace for more than ten hours per day.

The following are considered intermittent workers⁷:

“(…) Doormen, elevator operators, night watchmen, guards, concierges, barbers, tailors, gas station attendants, foremen, cafe and restaurant waiters, manicurists, and waiters.”

Resolution 4/93

This rule has been extended to workers at gas stations and other fuels. However, based on the principle of reasonableness enshrined in Article 40.15 of the Constitution, its appropriateness could be debated.

Exceptional workday: assumptions

According to the provisions of our Labor Code, the working day may be exceptionally long, but only to the extent strictly necessary to avoid serious disruption to the normal functioning of the company, in the following cases⁸:

1. Accidents that have occurred or are imminent.
2. Essential work that must be carried out on machinery or tools, and whose stoppage could cause serious damage.
3. work whose interruption could damage the raw materials. And,
4. In the event of unforeseen circumstances or force majeure, working hours may also be exceptionally longer to allow the company to cope with extraordinary increases in workload.

The working day may also be exceptionally long to allow the company to cope with extraordinary increases in workload.

It is important to point out that, pursuant to Article 62.2 of the Constitution and Principle II of the Labor Code, workers cannot be forced to work against their will.

Obligation to notify the Local Labour Representative

In cases where it is necessary to work overtime, the employer is obliged to notify the Local Labour Representative so that they may appoint a Labour Inspector and proceed to check if the case fits the exceptions established in article 153.

In the event that the working day is extended to cope with extraordinary increases in work, the number of overtime hours MAY NOT EXCEED EIGHTY (80) HOURS PER QUARTER⁹.

Obligation to pay overtime

Hours of work performed in excess of the normal workday and on days declared legally non-working must be paid extra to the worker, without exception, in the manner established in the Labor Code.

Minimum break during working hours

“The workday must be interrupted by an intermediate rest period, which cannot be less than one hour after four consecutive hours of work and one and a half hours after five (…) ”¹⁰.

Article 157 Labor Code

This break is necessary for the worker to recover physically and mentally. It is also necessary so that the worker can eat and do everything they need to do during that time without overdoing it.

In accordance with the Labor Code, this period is set by the parties according to the local custom or the nature of the work, and is not applicable to continuously operating companies.

In the free trade zone sector, they typically divide that hour into 15 minutes for breakfast, 30 minutes for lunch, and a 15-minute snack break. This practice varies depending on the company and the region it is located in.

By agreement between the employer and its workers, continuous workdays may be established, provided that they do not exceed ten (10) hours per day in commercial activities and nine (9) in industrial activities, without in any case the weekly workday exceeding forty-four (44) hours.

In this sense, there is an age-old discussion between those who think that any hour that exceeds eight (8) hours per day should be paid as overtime, even if it does not exceed 44 hours per week, and those who think otherwise.

To shed more light on this, let's look at what Article 158 says:

“In companies where work is continuous due to the very nature of the work, staff must take turns every eight hours of work.

In these cases, the workday may be extended by one hour, but the weekly average may not exceed fifty hours in any case, with hours worked above forty-four hours per week being paid as overtime.”

Therefore, it is not true that if a worker works NINE (9) hours a day and less than forty-four hours a week, he must receive payment for the hour he has worked in excess of the 8-hour workday.

Overtime pay is only applicable if the employee works more than nine (9) hours per day or more than forty-four (44) hours per week. This applies to employees with a regular work schedule.

For workers with reduced workweeks of 36 hours, all hours worked beyond 36 hours per week must be paid as overtime. Intermittent workers will be paid overtime when they exceed 60 hours per week or 10 hours per day.

Employer's obligation to keep records (DGT-2 Form)

According to the Labor Code and its implementing regulations No. 258-93¹¹, The employer is required to keep records, in accordance with models approved by the Department of Labor, in which the following information relating to each worker must be made:

The employer fulfills this obligation by using Form DGT-2, approved by the Director General of Labor and available in the Integrated Labor Records System through the Ministry of Labor's Virtual Office. Employers can access this form at ovi.mt.gob.do by creating a profile and requesting access authorization.

Work on weekly rest days

“If the worker provides service during their weekly rest period, they may choose between receiving their ordinary salary increased by one hundred percent or enjoying compensatory rest in the following week equal to the time of their weekly rest.”¹².

This means that if a worker is required to work on a day during their weekly rest period, they must receive payment equivalent to twice their regular daily wage. For example, if a worker has a monthly salary of RD$1,402,000 and works on their rest day, they are entitled to receive the following amount:

Monthly salary = RD$21,000 / 23.83 = RD$881.24 x 2 = RD$1,762.48

However, if the employee prefers, they can choose to take a day off the following week. This is because, while it is true that the employee is entitled to an uninterrupted 36-hour weekly rest period, it is equally true that this rest is unpaid.

Paid non-working days:

Days declared non-working days by the Constitution or laws are paid days of rest for the worker, unless they coincide with the weekly rest day.¹³.

You may also be interested in: Wages in the Dominican Republic

HOW SHOULD OVERTIME BE PAID?

The salary corresponding to the payment of overtime worked by workers in the Dominican Republic must be paid in accordance with the provisions of the Labor Code.

In that regard, in accordance with Article 203 of the Labor Code, wages corresponding to overtime work hours must be paid to workers in the following manner:

1. “For each hour or fraction of an hour worked in excess of the workday and up to sixty-eight hours per week, with an increase of no less than thirty-five percent (35%) over the value of the normal hour.”

In other words, if a worker has a salary of RD$21,000 and works 23 hours of overtime in a week, they should receive the following salary:

Monthly salary: RD$21,000 / 23.83 = RD$881.24

Daily wage: RD$881.24 / 8 = RD$110.16

Hourly wage: RD$110.16

Overtime pay: RD$110.16 x 1.35 = RD$148.71 x 23 = RD$3,420.32

1. “For each hour or fraction of an hour worked in excess of sixty-eight hours per week, with an increase of not less than one hundred percent (100%) over the value of the normal hour.” This is what is popularly known as "double hours".

In this case, if the worker has a salary of RD$21,000 and works 30 hours of overtime in a week, he should receive the following salary:

If the worker's salary is paid for work performed, the value of the normal hour of work will be determined by the quotient resulting from dividing the amount of salary earned by the number of hours spent on said work.

Night shift wages

Wages for night shift hours must be paid to workers with an increase of no less than fifteen percent over the value of the normal hour.¹⁴.

In that sense, we have to take into account the types of work schedules and calculate whether the worker is entitled to payment for some hours as night wages or whether, on the contrary, all hours should be paid as night wages.

It's important to note that the increase mentioned for night shift pay is not overtime. Rather, it's an additional payment established by law as compensation for working at night.

In cases where a worker has a night shift and also works overtime, the overtime must be paid in the proportion established in Article 203, but calculated on the value of the night shift hour, that is, the normal hourly rate plus fifteen percent. This is because the increase in Article 204 applies to all hours worked during the night shift, whether ordinary or overtime, and in case of doubt, the interpretation most favorable to the worker must be applied (principle in dubio pro operario).

For example:

I work on a non-working day

Finally, we have: “When, by agreement between the parties, the worker provides services on a day legally declared non-working, he will receive as remuneration the salary to which he is entitled increased by one hundred percent”¹⁵.

This means that an employee who works on a declared non-working day will receive twice their regular salary. In other words, if they earn RD$1,448,812 per day, they will receive RD$881.24 + RD$881.24 = RD$1,762.48

Calculate your overtime hours. Apply what is explained in this article with the InnovaJurisRD overtime calculator, which automatically distributes the hours to 35 % and 100 %, includes the night surcharge and allows printing the result.

Conclusion:

As we have seen, the Labor Code defines the working day as all the time that the worker cannot use freely, because it is at the exclusive disposal of the employer.

The standard working day is 8 hours and the working week is 44 hours. In hazardous and unhealthy jobs, this is reduced to 36 hours per week, and for intermittent workers, it is 10 hours per day and 60 hours per week.

The workday can be day, night, or mixed. If the mixed shift exceeds three hours, it must be counted as a full night shift.

Employers must report overtime hours in SIRLA through the DGT-2 form and workers cannot be forced to work overtime against their will.

Overtime hours between 45 and 68 per week must be paid at a minimum rate of 35% above the normal rate. Overtime hours exceeding 68 per week are paid at a minimum rate of 100% (commonly known as double time).

Workers who work night shifts must receive a minimum increase of 15% in their salary. If a worker works on a non-working day, they must receive a minimum payment of 100% on top of their regular salary.

If an employee works during their weekly rest period, they can choose to receive their pay increased by 100% or take an additional day off the following week.

References

1. Article 146 of the Labor Code ↩︎
2. Article 152 of the Labor Code ↩︎
3. Article 147 of the Labor Code ↩︎
4. Article 148 of the Labor Code ↩︎
5. Article 149 of the Labor Code ↩︎
6. Article 150 Labor Code ↩︎
7. Resolution No. 04/93 of 12/01/1993, First ordinal. ↩︎
8. Article 153 of the Labor Code ↩︎
9. Article 155 of the Labor Code ↩︎
10. Article 157 of the Labor Code ↩︎
11. Art. 161 Labor Code and Art. 26 of Regulation 258-93. ↩︎
12. Article 164 of the Labor Code ↩︎
13. Article 165 of the Labor Code ↩︎
14. Article 204 Labor Code ↩︎
15. Art. 205 Labor Code ↩︎