Are PT Gardeners Considered Domestic Help???

AlterEgo

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Jan 9, 2009
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Are part-time gardeners considered domestic help?

We have a fellow who I'd classify a gardener, he keeps the property clean, waters plants, runs the well pump to keep the cistern filled for watering, etc. He also comes each morning to feed our dogs. Nothing else. He has his own little business selling produce from a stand down the road, and lives with his family a few miles away.

As far as the Dominican Labor Code, is he considered domestic?
 

whirleybird

Silver
Feb 27, 2006
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What are you really asking AE? Do you want to know if you will have to pay him liquidation should he leave?
 

william webster

Platinum
Jan 16, 2009
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this is how threads go wrong..... now you're terminating him ??

No, Mauricio... no

I think he is not an employee calling for the benefits under your classification
Renting a house triggers issues - as can owning it in a corporation.
 

DR_Guy

Bronze
Feb 17, 2010
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I had a part time illegal Haitian I fired with no liquidation. he filed claim at labor board and I ingnored. He sued me and we settled. So yes, you are liable if he files a claim at labor board. When you fire anyone my lawyer says go down and make the calculation and pay it.
 

bob saunders

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Jan 1, 2002
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Well the fact that he comes everyday to feed the dogs and w?ter plants means he's pretty regular. How do you pay him? I think the first one makes him an employee.
 

Fabio J. Guzman

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Jan 1, 2002
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He is a domestic if he's used as a domestic, that is, to take care of your personal needs in your house and garden.

He's not a domestic, for example, if you rent rooms in your home or his services are used for business purposes.
 
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zoomzx11

Gold
Jan 21, 2006
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guess that settles it. For us we have always paid liquidation to avoid animosity even when it is not strictly required by the law. The person who thinks they deserve the money may not agree with Guzman.
 

whirleybird

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Feb 27, 2006
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guess that settles it. For us we have always paid liquidation to avoid animosity even when it is not strictly required by the law. The person who thinks they deserve the money may not agree with Guzman.

When I had to liquidate our gardener, who had been with us for 5 years, I had obtained a figure to pay him but he wanted to go to the office himself so we duly went and they told me I only owed him for vacation and Navidad which was a fraction of what I was prepared and did pay him.
 

tommeyers

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Jan 2, 2012
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I live in Santiago
When I had to liquidate our gardener, who had been with us for 5 years, I had obtained a figure to pay him but he wanted to go to the office himself so we duly went and they told me I only owed him for vacation and Navidad which was a fraction of what I was prepared and did pay him.

Liquidating the gardener - sounds so final :-( .
 

Marcion

*** Sin Bin ***
Nov 22, 2014
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Sadly, it was as he died of a heart attack 2 years later :( In the meantime, after leaving here, he had a good and happy working life.

Sometimes a daily regimen of aspirin can be helpful.

One wonders if it wouldn't make economic sense to have the workers given a physical exam/basic labs done one per month at the expense of the employer.

In a shallow talent pool, retaining quality workers is a paramount concern.

I think it's worth the small extra cost.
 
Aug 21, 2007
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I always pay liquidation, even when someone deserves to be fired. And I always let employees go on a positive, pleasant note. Doing business this way has proven to avoid more costs, financial or otherwise, in the future. Interestingly, the employees I let go continued over the years to think of me in a positive light. When I run into them on occasions we are able to have a pleasant chat without hard feelings. Thus, for me, paying liquidation has been the right way to end employment.

Lindsey
 

william webster

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Jan 16, 2009
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and if you are taken to court..... be sure to have Mr Guzman go with you to plead your case

the judge may have another view.... very pro labor in RD

I agree with Sr Guzman's opinion.......... many will differ
 

AlterEgo

Administrator
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Jan 9, 2009
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Don't get me wrong, we intend to pay some liquidation to him. Mr.AE's brother went to the labor office in SD and they gave him a paper saying we owe about 1800 pesos - I presume that's the percentage of this year's vacation and Christmas bonus - through the end of this month. Apparently they told him he's a domestic employee. Brother suggested we add another 5000 pesos for 'good will'. He's bringing the paper out to our house.

Meanwhile, I went online and figured the liquidation as if he wasn't a domestic employee [it's a private home, no business, no rentals, nothing at all like that], and it came to 22K+. HOWEVER, he has told our maid that he expects 80K, and therein lies the problem. Bear in mind that he has no clue we intend to fire him - he's just looking for liquidation "to solve his problems", but hasn't had the guts to ask for it yet.

He is Haitian, and in the middle of getting the regularization done for himself, his wife and their son, we helped him with the paperwork. He's been here a long time, 10 years, but the time has come to part ways. He shows up when he wants, sometimes not at all, only wants to use mechanical items [weed wackers, blowers, etc, etc], not a machete [for example] and if something more needs to be done he insists we hire someone else for the day or days [even though we'd pay him the extra that we pay to the strangers].
 

Marcion

*** Sin Bin ***
Nov 22, 2014
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He has reached the nirvana of 'Entitlement.'

Faster you make the problem disappear the better. Like now.