Labor Law Suits - Time to file expirations

Conchman

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Jul 3, 2002
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I have heard so many different stories about the time an employee has, to file a labor suit for liquidation after the company went belly up or refused to pay because it felt it was not responsible.

According to the law, after an employee is terminated he only has a few weeks to file the suit, however, it seems lawyers have no problem getting around this part. Can someone explain to me how labor suits can be filed so long after the official expiration according to the law?

Is it just another typical Dominican thing where law is law but reality is just different? Can someone explain how the system is gamed around the law here?
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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In legal matters, no matter which country you are in, things are not as simple as they seem.

Statutes of limitation vary according to the labor issue to be litigated. For example, in case the employer terminates the employee at will, the statute of limitations is 3 months +10 days (I'm sure people will wonder about the extra 10 days); however, in case the worker is not paid his salary, which is a criminal offense, the statute of limitations may be years.

You should have your case reviewed by a competent labor lawyer. A test for his or her competency could be for him or her to explain to you why the extra 10 days.
 
Last edited:
Feb 7, 2007
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I think the 10 days have to do with the limit the company has for paying the liquidation. So the 3 months come on top of that. That's what I think.
 

kaylynmurch

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Oct 3, 2015
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I don't understand why it's different if there are under 10 employees then nothing seems to apply. I worked for a doctor where there was only 2 other employees besides myself. I got paid for a 40 hour week 8am to 5pm. I worked through my lunch. Doing paperwork while I ate or traveled to the satellite office. I never got home before 10pm. I had to perform procedures on Saturdays from 8am to 3pm. I never got paid overtime. I was a single mother. I couldn't afford to quit and didn't have the time to put in applications for another job, let alone look for one. They didn't provide time sheets or a time clock because they paid for the straight 40 hours only at one dollar above minimum wage. The doctor was verbally abusive to our receptionist calling her stupid, retarded and any other belittling thing he could. His wife was constantly touching us girls in inappropriate places and making unwanted comments even after she was told to stop. One day I got the chance to go to the labor board when my daughter had an appt. I took a calendar I had been writing my time down on for the last two years. I was very nervous because I was afraid if they found out I would lose my job, I had a hard time getting that one but I had to for all our sake. When I got to the window of the receptionist I told her what was happening. she said that honestly unless they had more than 10 employees they could do whatever they wanted. I was shocked but what can you do? So I left. I returned to work and lived with the treatment until one of our patients offered me a job as a waitress. I took it. I couldn't believe that being treated unfairly only matters when the company has more than the 10 employees.


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MikeFisher

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Feb 28, 2006
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I don't understand why it's different if there are under 10 employees then nothing seems to apply. I worked for a doctor where there was only 2 other employees besides myself. I got paid for a 40 hour week 8am to 5pm. I worked through my lunch. Doing paperwork while I ate or traveled to the satellite office. I never got home before 10pm. I had to perform procedures on Saturdays from 8am to 3pm. I never got paid overtime. I was a single mother. I couldn't afford to quit and didn't have the time to put in applications for another job, let alone look for one. They didn't provide time sheets or a time clock because they paid for the straight 40 hours only at one dollar above minimum wage. The doctor was verbally abusive to our receptionist calling her stupid, retarded and any other belittling thing he could. His wife was constantly touching us girls in inappropriate places and making unwanted comments even after she was told to stop. One day I got the chance to go to the labor board when my daughter had an appt. I took a calendar I had been writing my time down on for the last two years. I was very nervous because I was afraid if they found out I would lose my job, I had a hard time getting that one but I had to for all our sake. When I got to the window of the receptionist I told her what was happening. she said that honestly unless they had more than 10 employees they could do whatever they wanted. I was shocked but what can you do? So I left. I returned to work and lived with the treatment until one of our patients offered me a job as a waitress. I took it. I couldn't believe that being treated unfairly only matters when the company has more than the 10 employees.


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that's very sad indeed, and weird.
i did not know about such 10 employees rule.
i do not have 10 or more employees each registered company, and the same rules apply for all, they get the same liquidation figures etc etc without i ever found a mentioning anywhere, that labour rights would only apply to companies with 10 or more employees.

Mike
 

Kipling333

Bronze
Jan 12, 2010
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Severance pay is always contentious , no matter what country you may be in..In the case of RD , the employer nearly always must pay severance whether the employee hands in his notice or the employer sacks him . Even if there is good reason for the sacking the employer must pay. This is the biggest thorn between employers and employees here in the DR . When a gringo is the employer it is very difficult to get any judge to give judgement for him against a Dominican employee. I have a different view than DS Dad , and my view is that every year the employer must put aside sufficient funds to be able to pay the employees .The severance pay is roughly 21 weeks for an employee with 5 years and 42 weeks for an employee with 10 years . You occasionally hear stories of employees wanting huge payouts, but before firing it is best to go the labour office for the suggested minimum amount and if necessary talk to a lawyer .For an employee earning 20 ,000 per month, ie 5000 per week ,if that employee was to have a severance after 10 years the amount is only 210,000 pesos which is less than $5000. Not much
 

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
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The trick to keeping severance costs low or non-existent, is to ONLY hire Independent CONTRACTORS to do your labor, thus NO severance is ever due, because they are independent businesses on their own.

Severance pay is always contentious , no matter what country you may be in..In the case of RD , the employer nearly always must pay severance whether the employee hands in his notice or the employer sacks him . Even if there is good reason for the sacking the employer must pay. This is the biggest thorn between employers and employees here in the DR . When a gringo is the employer it is very difficult to get any judge to give judgement for him against a Dominican employee. I have a different view than DS Dad , and my view is that every year the employer must put aside sufficient funds to be able to pay the employees .The severance pay is roughly 21 weeks for an employee with 5 years and 42 weeks for an employee with 10 years . You occasionally hear stories of employees wanting huge payouts, but before firing it is best to go the labour office for the suggested minimum amount and if necessary talk to a lawyer .For an employee earning 20 ,000 per month, ie 5000 per week ,if that employee was to have a severance after 10 years the amount is only 210,000 pesos which is less than $5000. Not much

as Kippling stated.
a employer will always put the severance worth of all his employees aside, it is like part of the salaries, just that you pay the quinzena on the hand of your employee and the other part you have to put aside, on a separate bank account or such. there is nothing bad about it, count quinzenas and liquidation payments together, and those guys and gals are still labouring for very low salaries on their jobs, nothing to complain about.

Tashi Dad,
to use contractors is a easy way to handle such jobs, but it is not necessarily saving money on anything, as your contracted labour/service providers will of course already have the liquidation payments to Their employees providing services to You, calculated in the prices they charge to You for providing their services/Labour.
it always depends what work/service you need and in what ammounts etc etc.
for example myself,
i stopped a couple years ago to have own vehicles and employed drivers for the transfers of my customers to bring them back and forth between the hotels and the marina.
i do it since then only with contracted transfer companies and taxis.
my main reason on costs been not effected by liquidation payments for drivers etc,
but primarily by the fact that i could not occupy those vehicles/drivers 24/7, once my customers are out fishing, vehicle and driver would stand still useless, paid for that all the month, a very unproductive service.

which is better to use, depends on each single service/labour to be conducted, to calculate costs from both variations, to find out which one is the suitable one for each case.

Mike
 

kaylynmurch

New member
Oct 3, 2015
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That is weird and upsetting. Why would she have told me that? I went through hell with that employer. I only wanted to be treated fairly. I don't know why she told me that? I wonder if I should of called and made an spot. I just walked in. I don't know. If that wasn't right that was very mean of her. She doesn't know what we went through. Thank you for your information. It's been too long. Can't do anything about it now. Just didn't understand it and now I know why. Thank you.


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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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You're correct, Rubio-Hig?ey. Since an employer has ten days to pay liquidation, the Supreme Court has judged that the statute of limitations in case of at-will terminations is 3 months plus 10 days.

Kaylynmurch, the number of employees does not affect at all the right to liquidation.
 

kaylynmurch

New member
Oct 3, 2015
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Thank you. I'm only relaying what I was told at the time. I never thought for a minute that what the receptionist at the labor board was not true. I've been thinking about it since another gentleman write that he did not think the number of employees had any relevance. I looked it up and didn't find anywhere that had anything about there needs to be a certain number of employees in a labor law case. It was a hard time in my life and I thought it was the truth. Thank you for the input. P


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