- Thread starter LaTeacher
- Start date
Ministerio de Trabajo
It's in the Guacalito bldg on the 4th floor I think.
Here is an excerpt from Dominican law on cesantia. It would appear it is the legal term for the concept known as liquidacion:
Derecho laboral en Rep?blica Dominicana
Here is an excerpt from Dominican law on cesantia. It would appear it is the legal term for the concept known as liquidacion:
Derecho laboral en Rep?blica Dominicana
you can calculate the money owed yourself, here:
:: C?lculo de Prestaciones Laborales ::
of course a visit in secretaria/ministerio de trabajo will be better but they use exactly the same system, so providing that your info is correct you will achieve exactly the same result.
:: C?lculo de Prestaciones Laborales ::
of course a visit in secretaria/ministerio de trabajo will be better but they use exactly the same system, so providing that your info is correct you will achieve exactly the same result.
dv8 - i have a staff of people who don't know what a computer is. they don't trust the "internet" so i have to get that signature so they think i'm actually doing something "correctly." it's terrible, but i'm used to it now.
what about cesantia almost being gone?
and that still doesnt tell me exaclty what the stupid thing is.
what about cesantia almost being gone?
and that still doesnt tell me exaclty what the stupid thing is.
A push is being made by some business leaders to replace the practice, considered by many to be unsustainable, with unemployment insurance.
sorry, this was not meant to be a smartass comment. just that you can do the calculations today and have those confirmed by ministerio de trabajo whenever you have time to go there. for you to know what more or less you owe and prepare yourself mentally.
Good Afternoon, Please keep in mind it is a good idea to have a cast iron release with a witness. The Ministerio de Trabajo will issue a calculation but this is not a determination as it carefully notes it is based on the information supplied. I went through this and found this department to be professional. I was in & out in about 20 minutes using my secret formula for efficiency!
I went to the office. I don't mess around with people's money. I still don't understand what CESANTIA is, just that I have to pay it.
And dv8, don't worry, i didn't take it as a smartass remark, but you'd be amazed and awed at the ignorance of some people... i fired a teacher in may for HITTING KIDS! i made a formal complaint with the school district, and she's quite lucky she's not sitting in jail right now (it's a long story why we didn't sue her). When she came to collect her payment, she asked me to write her a REFERENCE LETTER!!!!!!!! i explained that i couldn't because i fired her and had nothing really nice to say, she said that was okay, she needed proof that she worked for me so that she could try to get another job. baffles the mind.
And dv8, don't worry, i didn't take it as a smartass remark, but you'd be amazed and awed at the ignorance of some people... i fired a teacher in may for HITTING KIDS! i made a formal complaint with the school district, and she's quite lucky she's not sitting in jail right now (it's a long story why we didn't sue her). When she came to collect her payment, she asked me to write her a REFERENCE LETTER!!!!!!!! i explained that i couldn't because i fired her and had nothing really nice to say, she said that was okay, she needed proof that she worked for me so that she could try to get another job. baffles the mind.
also, i think i got stuck with the one chopa who has a botella at the ministerio here in santiago. she screamed everything she wanted to say and then just stared at me when i asked her questions. her advice was to get a lawyer. i told her who my lawyer is and should i call him to come in now??? name dropping here works wonders - she resolved my situation in five minutes and answered all of my questions.
There are three ways to terminate an indefinite contract per the labor law as I understand.
1. desahucio - the employee is fired without cause.
2. dimision - the employee is fired with cause.
3. despido - the employee quits.
The cesantia, or liquidacion is only due in cases of desahucio. In the case you have presented, if you do not want to have to pay the cesantia you will have to bring charges against the ex professor and have her judged guilty and the document presented to the Dept. of Labor, otherwise they will require you pay the cesantia.
BTW, this is all in the link I posted earlier.
1. desahucio - the employee is fired without cause.
2. dimision - the employee is fired with cause.
3. despido - the employee quits.
The cesantia, or liquidacion is only due in cases of desahucio. In the case you have presented, if you do not want to have to pay the cesantia you will have to bring charges against the ex professor and have her judged guilty and the document presented to the Dept. of Labor, otherwise they will require you pay the cesantia.
BTW, this is all in the link I posted earlier.
Another option is to talk with an attorney to get an idea of the costs involved for pursuing the legal case against the professor and then negotiating with the professor to accept a percentage of the estimated legal costs with the agreement being that she will not be prosecuted and potentially be barred from teaching. Part of the agreement is that she writes a letter claiming she is quitting her job for personal reasons. BTW, a friend who has a business gave me this advice.
in reality it is very difficult to fire someone without paying them liquidation, even if you have good reason (they are stealing or committed other crime). unless you really want to give someone the lesson and you are prepared to fight it is better just to pay up and delete them from your life.
So where I currently work, before they give us the job they have us sign some totally not even legal termed paper. The paper states that while you work for this company you will not receive medical insurance and if you are fired you will not receive a liquidation.
This raised questions. One, I'm pretty sure no matter what you have paperwork wise between you and the company that this is illegal. The company cannot under Dominican Law say that they will not pay you if you are fired because you signed some paper.
Two, the paper I signed was in English. I'm also pretty sure any legal document here in the Dominican Republic MUST be in Spanish for it to be legal.
Am I right on those or am I wrong? Just wanted to clear those up.
This raised questions. One, I'm pretty sure no matter what you have paperwork wise between you and the company that this is illegal. The company cannot under Dominican Law say that they will not pay you if you are fired because you signed some paper.
Two, the paper I signed was in English. I'm also pretty sure any legal document here in the Dominican Republic MUST be in Spanish for it to be legal.
Am I right on those or am I wrong? Just wanted to clear those up.
Dominican Labor Law supersedes any labor contract you might have with your employer. So dont worry about sections in there that contradict Dominican law.
A contract CAN be valid in English, quite easily, but not your boss's. It is a general misconception that a labor contract or any other contract has to be in Spanish, it does NOT.
Your employer is glutton for punishment by the courts, he will get his ass whooped in any Dominican court, especially with contracts like that.
Chip: You are a little off here:
1. desahucio - the employee is fired without cause. Or when the company is reorganizing but not because of any stated fault of the employee
2. dimision - the employee is fired with cause. No this is resignation
3. despido - the employee quits. No, this is when you fire his/her axx!
HB
1. desahucio - the employee is fired without cause. Or when the company is reorganizing but not because of any stated fault of the employee
2. dimision - the employee is fired with cause. No this is resignation
3. despido - the employee quits. No, this is when you fire his/her axx!
HB
Thanks for the additional clarification of #1. I don't know how I got #2 and 3 crossed.
