Need Help Understanding New Salary Rules

Ken

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Jan 1, 2002
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Fabio, it seems that an agreement has now been reached regarding salary increases for employees. For today's dr1 news summary:

"CONEP and unions finally agree
Labor Minister Jose Ramon Fadul managed to get representatives of CONEP (the national business council) and the labor unions to sit down and reach a consensus on the new wage agreements, particularly the part that provides for a 25% wage increase for those making less than RD$20,000 per month. The talks managed to overcome some of the legal stumbling blocks that had pushed CONEP to challenge the validity of Resolution 02-04 and the National Salaries Commission agreed to meet today at 10am to officially seal the deal. Minister Fadul mediated the conflict and as a result some of the language in Resolution 02-04 was modified, specifically the word homologar which means "homologate" or "ratify" in the legal context, which was changed to reconocer, which means "recognize as valid." Another change to the resolution was the classification of small, medium and large enterprises with regard to the application of the minimum wage laws. Elena Viyella de Paliza (CONEP), Virgilio Ortega Nadal (Employer's Confederation of the Dominican Republic) and William Robert Calderon (Confederation of Small and Medium Businesses) signed for the business community and Gabriel del Rio Done, Mariano Negron, Rafael Abreu and Eugenio Perez Cepeda on behalf of the unions. The minimum wage for a business with over RD$4.0 million in property or inventory will now be RD$6,400 per month. A monthly minimum wage of RD$4,400 is established for those commercial enterprises with between RD$2.0 and RD$4.0 million in capital, and for the smallest businesses, the ones with less than RD$2.0 million in capital including buildings and inventories, the minimum wage will be RD$3,900 per month.
Elena Viyella reiterated CONEP's support for the document and clarified that the 25% increase for those monthly salaries between the minimum wage and RD$20,000 will take into account any wage increases that were made during the year and adjusted accordingly."

As before, my questions are:

1. How does this apply to a condominium complex whose budget is dependent on assessing the owners?

2. How does it apply to maids, etc. Personally, I am most interested in knowing about part-time maids, but others will want to also know about full timers.

Fyi, the Condominium Declaration for the complex where I live states that "the total worth of the improvements and the property that makes up the Condominium is one million two hundred forty two thousand pesos de oro (RD$1,242,000.00). This worth represents a hundred percent (100%) of the price of the Condominium." (dtd 6 August 1986)
 
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solituna

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Jan 26, 2004
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I too have been wondering?!

newuser said:
How does the new law apply to the minimun salary of a concierge at a condominium building?

A response to this one would be of great help....
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Concierges at condominiums are not considered domestics; therefore, the new minimum salary provisions will apply to them.

Part-time workers should receive as a minimum a proportionate amount of the minimum salary based on the ratio of hours worked/standard work week.

I?ll post a summary of the new minimum wage scales next week.
 

POP Bad Boy

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Jun 27, 2004
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Can you also post...............

..............any wage and benefit into that is applicable to DOMESTIC household help.................? I think many would also be interested in this.

Thanks,
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Pursuant to Article 4 of the Labor Code, domestics are the subject of special rules and as such, do not benefit from many of the provisions of the Labor Code.

These special rules are contained in Articles 258 to 265 of the Labor Code.

Art. 258: Defines what is a domestic and expressly states that the employees of a condominium ARE NOT domestics.

Art. 259: States that the only rules applicable to domestics are those of Articles 258 to 265 of the Labor Code.

Art. 260: Defines salary for a domestic as what is paid in currency PLUS lodging and food. Estimates that the salary received in food and lodging is equivalent to 50% of what?s received in currency.

Art. 261: States that the work of a domestic is not subject to any regular work hours although every domestic must have a minimum of 9 hours per day of uninterrupted rest.

Art. 262: Grants domestics a weekly rest of 36 hours without interruption (usually, half a day Saturday and all of Sunday).

Art. 263: Domestics have the right to two weeks of paid vacation a year after their first year at work. They also have the right to a Christmas bonus.

Art. 264: Gives domestics the right to coordinate with their employers time to go to school and to go to the doctor when sick.

Art. 265: If a domestic catches a contagious disease directly from a member of the household, he or she has the right to receive his or her full salary for the duration of the disease.