Work without residency

BigMan67

New member
Apr 10, 2012
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Can a person without residency that is working demand the company where he is working?

I
 

Expat13

Silver
Jun 7, 2008
3,255
50
48
Can a person without residency that is working demand the company where he is working?

I

I like that idea, illegal residents demanding jobs! I want a job as the "SD Mall planner" especially if I receive a commisssion on square footage
 

belmont

Bronze
Oct 9, 2009
1,536
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If the OP is asking if an illegal employee in the DR can make demands of the company under the Labor Code, the answer is yes. The Labor Code applies to ALL workers, with Citizenship/Residency or not, enforced by the Labor Dept.
 

mido

Bronze
May 18, 2002
1,522
14
38
The OP is probably trying to ask if he can sue his employer. I am not going to answer the question because he shouldn't be working!
 

SKY

Gold
Apr 11, 2004
13,470
3,604
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The OP is probably trying to ask if he can sue his employer. I am not going to answer the question because he shouldn't be working!

Believe it or not, but he CAN sue the employer for benfits or whatever.
 

belmont

Bronze
Oct 9, 2009
1,536
10
0
The OP is probably trying to ask if he can sue his employer. I am not going to answer the question because he shouldn't be working!
Nor should the employer be employing him. Let the chips fall where they may. The Labor Code and Labor Board are blind to immigration status in employment matters.
 

BigMan67

New member
Apr 10, 2012
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I knew that lawyeres can do a lot in DR but in this case what is my employee try to get?
 

belmont

Bronze
Oct 9, 2009
1,536
10
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Under the new immigration regulations, should not the worker be deported and the employer fined?
There is no requirement that requires the Labor Department to report to the Immigration Department. It was set up this way to prevent employers from taking advantage of aliens who wiuld be afraid to report unlawful work practices. The theory being, if illegals could be employed for less without fear of reporting, it would encourage illegal hiring at the detriment of legal employees.
 

PICHARDO

One Dominican at a time, please!
May 15, 2003
13,280
893
113
Santiago de Los 30 Caballeros
There is no requirement that requires the Labor Department to report to the Immigration Department. It was set up this way to prevent employers from taking advantage of aliens who wiuld be afraid to report unlawful work practices. The theory being, if illegals could be employed for less without fear of reporting, it would encourage illegal hiring at the detriment of legal employees.

Sadly mot undocumented Haitians still think otherwise they'll get deported if they go to the labor department. Heck! They even have Kreyol translators on staff!
 

windeguy

Platinum
Jul 10, 2004
42,211
5,966
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Sadly mot undocumented Haitians still think otherwise they'll get deported if they go to the labor department. Heck! They even have Kreyol translators on staff!

Too many people wanting cheap labor, eh? Another case of the government at odds with itself based upon corrupted policy.
 

PICHARDO

One Dominican at a time, please!
May 15, 2003
13,280
893
113
Santiago de Los 30 Caballeros
Too many people wanting cheap labor, eh? Another case of the government at odds with itself based upon corrupted policy.


??? Seems like I don't get you point!?

I think this policy is the correct one as it places the burden and penalty onto the employer and not the employee, be him illegal as it may as well happen to be.

Once you remove the negative to the worker, you accomplish what you want.

The gov has never arrested and deported a Haitian that goes to file a claim to the labor department based on this!

In fact, the reverse happens! They provide them a case number and temporary protection from any immigration action while their case vents in court.
 

Contango

Banned
Dec 27, 2010
2,196
5
0
I thought to "sue" as an non resident you need a Million Dollar Bond? So you are assuming the Worker is a RESIDENT?
 

PICHARDO

One Dominican at a time, please!
May 15, 2003
13,280
893
113
Santiago de Los 30 Caballeros
I thought to "sue" as an non resident you need a Million Dollar Bond? So you are assuming the Worker is a RESIDENT?


To bring a civil suit you need to post a certain financial bond when not a resident or citizen of the country in order to cover any damages should the demand prove unfounded and malicious in nature. A claim filed to labor on the abuses registered or not from an illegal employee is not a civil case, but a matter or the labor code and followed using such channels.

It's simple enough for the employee to present their case to labor and provide a minimal set of proof to support their claim for this to start. In this case it's the labor and not the employee the one seeking adherence to the labor code for the sake of the employee and Law at the same time from the employer. That's why they consider residency not a matter or importance to file the claim on behalf of the employee.