This summary of age discrimination law in Dominican Republic has been prepared by FDE Legal: www.fdelegal.com
Overview
The Dominican Constitution safeguards the Right to Equality (Article 39), ensuring protection against age-based discrimination. Additionally, the Right to Work (Article 62) explicitly forbids any form of discrimination during the selection process and the provision of services, accepting only the exceptions provided by law for the purpose of protecting the worker.
Numerous laws address age discrimination in the Dominican Republic, including:
- The Dominican Labour Code (Principle VII) establishes the Prohibition of Discrimination as a Fundamental Principle, encompassing age discrimination.
- Law 352-98 on the Protection of the Elderly includes a provision that guarantees equal opportunities for people of old age and prohibits discrimination based on their age, among other reasons. The law defines “people of old age” as someone who is 65 years of age or older, or someone younger than 65 who, due to the aging process, undergoes progressive changes in psychological, biological, social, and material aspects.
- Law 87-01, which establishes the Dominican Social Security System, prohibits discrimination and exclusion of users or affiliates to the National Health Insurance based on reasons such as gender, age, social condition, among others.
Who's covered?
Our legislation establishes general provisions applicable to all individuals, irrespective of their current employment status – whether they are job seekers entering the job market or currently employed, either as traditional employees or self-employed professionals.
What enforcement/remedies exist?
You can contact the Ministry of Labour, which is responsible for overseeing labour law compliance in the Dominican Republic and file a complaint with them to investigate the alleged age-based discrimination. Additionally, anyone who believes they have experienced age discrimination in the workplace can also refer to the Labour Courts to claim employment termination on the grounds of discrimination, as they have the right to do so under the Labour Code and the Dominican Constitution.
How common are claims?
Limited data is accessible regarding the frequency of these claims, but it can be said that, in general, claims based on discrimination of any type are still rare in the Dominican Republic, even though there is a body of norms, both in the Constitution and different statutes, that prohibit discrimination of any type.
What claims are most common and what are the trickiest issues for employers?
See previous comments.
Employers need to make sure that their recruitment procedures, such as advertising positions in social media and newspapers, don’t contain any discriminatory elements, including specific criteria in relation to a person’s gender, race, or age, that could be seen as offensive. Moreover, employers should consider how to handle the termination of older employees who have reached their retirement age, keeping in mind that retirement age itself is not a valid reason for termination.
Are there any specific exceptions in your law?
The Constitution and the Labour Code both prohibit age-based discrimination, exclusion, or preference, except for legal exceptions designed to protect the worker. The Labour Code states that distinctions, exclusions or preferences based on qualifications required for a specific job are not subject to this prohibition.
Retirement
Law 87-01, which establishes the Dominican Social Security System, provides for retirement under the following conditions: (i) when a person reaches 60 years of age and has made contributions to the Social Security System for at least 360 months, or (ii) when a person reaches 55 years of age and has savings equal to at least 50% above the minimum pension requirement.