Paying off gardener/ handyman - URGENT answer required please

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whirleybird

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Feb 27, 2006
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When we took over our house, we also took over the staff at the finca and all has worked out well. It may now, under current circumstances, be necessary for me to have to liquidate our gardener/ handyman who has been in our employ for some 4 years and 4 months in October.

I know how to work out his severance pay but is there a minimum wage which we should have been paying him? Does the fact that he lives in a small casita on our property and is the fact that he is given lunch 5 days of his 5.5 day week taken into consideration? Were we under any obligation to pay for his seguro social/ health insurance and do I have to compensate for this? Is there any requirement to pay him more liquidation because we kept pigs/ sheep which we occasionally sold (although we never really made any profit!)?

If these questions should be in the Legal forum, please move.
 
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dv8

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Sep 27, 2006
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miesposo tells me that yes, he is entilted to liquidation but it may be counted differently. you should contact local oficina de estado de trabajo, in POP they are on calle camino real 72, just next to the gas station sunix (off manolo tavarez justo, main road). phone 809 586 2552. they are open only until about 2pm so you will have to be there early. spanish only.
i think that it is better to pay in any case as he could easily take you to court. and even if he was a good man so far trust me - dominicans will do anything to get what they think they deserve. and that includes liquidation pay. if you present them with paper from secretaria de trabajo they are most likely to accept it and will not challenge the pay.
here you have a calculator of normal liquidation pay to give you idea...
:: Ministerio de Trabajo ::
 
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LindseyKaufman

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Aug 21, 2007
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I would be interested in a response from the legal team here. What I know is what I have been told by people who have lived here for 20 years and who own businesses here and who have had household help and gardeners for 20 years.

They say that no matter what is said legally (that maids and gardeners are not entitled to liquidation), you are best to use the form from the secretary de trabajo and pay. They say this from experience. If a worker decides to take you to the fiscal (and perhaps lie), the fiscal will rule on the behalf of the Dominican, rather than the ex-pat. What follows is that you will end up paying the liquidation PLUS your lawyer.

I personally have followed this advice and it served me well. However, I WOULD be interested in hearing from the legal team, since my advice came from people with living experience, not working legal knowledge.

Lindsey
 
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william webster

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Jan 16, 2009
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Agreed Lindsey....... I, too , have paid liquidation to a gardener on the advice of local experts.

We pay it every year so we don't dig ourselves a deep hole.

Housekkeeper is just 3 days a week so doesn't qualify ( I'm told) but the day man and the night man get annual liquidation.

Let's see what we get here in response

WW
 
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jrhartley

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Sep 10, 2008
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it seems that the legal section would be able to provide the answer, as experiences seem to vary
 
waytogo

waytogo

Moderator - North Coast Forum
Apr 3, 2009
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It sounds like it would be better if the government just set up 2 separate sets of laws.
One for the Dominicans and one for the ex-pats. At least that way we would understand
how we were getting screwed.
 
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jrhartley

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the op is the moderator of this section, tick the thread scroll down to the bottom of the page and pick move thread then go......choose legal section - this is your first test lol
 
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whirleybird

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Feb 27, 2006
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Ooooooo, I think I did it!!!

Now, could we ask Dr. Guzman for his input please?

In particular with regard to whether there is a minimum wage of RD$ 7500 applicable in this instance and what the implications of that would be.
 
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dv8

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Sep 27, 2006
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JD, we are both right, actually. i have called secretaria de trabajo and here is what they told me:
a gardener domestico is not entilted to anything.
however, if the gardener works in the finca and finca actually produces anything (milk, meat, whatever) he is entilted to liqiudation pay.

i hope, shirley, this helped a bit.
 
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PapaGG

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May 31, 2010
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pay,....

Just wondering how much is expected? If I have a watchman that works 6PM till 6AM 7 days a week, what can I expect to pay him if I were to let him go?
 
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LindseyKaufman

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Aug 21, 2007
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PapaGG said:
Just wondering how much is expected? If I have a watchman that works 6PM till 6AM 7 days a week, what can I expect to pay him if I were to let him go?
Click to expand...

There is an electronic form online where you calculate what you owe. I will look it up and post it.

Lindsey
 
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whirleybird

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Feb 27, 2006
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I tried the one which dv8 posted and also another posted by laurajane a while ago but neither of them worked for me.
 
MikeFisher

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
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www.mikefisher.fun
PapaGG said:
Just wondering how much is expected? If I have a watchman that works 6PM till 6AM 7 days a week, what can I expect to pay him if I were to let him go?
Click to expand...

12 hrs a day, 7 days a week, no vacation taken?
he will love the Day you kick him out after a few years, lol.
he will be able to claim a large number of extra hours, weekend hours, holidays worked with even extra hours etc etc etc.
use the Form provided on the link above,
get ready for a nice number.

to Shirley's original Question,
if a Person works for me since over 4 years, and does that fine, and I have to let him go due other circumstances, not because he was steeling or failing on his job etc, then I would pay him a nice bye bye independent of what the Law says.
an other point is the mentioning that the Man lives since then in his house on the Finca, to get him out there soon or ever may be a separate Point for the Legal Advisor.
looking forward myself on fabio's Answer on the Case.

Mike
 
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dv8

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Sep 27, 2006
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shirley, looks like my link came in badly. you go to mian page: :: Ministerio de Trabajo :: and then click prestaciones, one of the links just under the grey line with logo ministerio de trabajo, on the top of the screen.
 
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