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Thread: Overview of Dominican Labor Law

  1. #11
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    Technically, by law, you must have a cedula in order to work in the DR. However, many foreigners have been working in the DR without a cedula for a long time.

  2. #12
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    thank you this was very helpful..

  3. #13
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    Hi, I have a question..I have been under a contract with the same company for 4 years...it ends in August (its renewed every august) and now the company has advised me that they do not want to renew my contract after august of this year...I am an American who has filed for residency...am I entiltled to severence pay? If so...how do I go about getting it? They hired me knowing I did not have residency at the time...and have placed me on a local salary contract...any suggestions?

    Thanks so much for the info on labor laws...it helped a bit

  4. #14
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    SANTO DOMINGO. - Dominican Free Zones Association (Adozona)president Fernando Capellan said yesterday the Labor Code must be modified to guarantee competitiveness by those companies and eliminate the mafias of "shark lawyers" who spur lawsuits from senior workers in Santiago province.

    Capellan and Adozona’s former president Carlos Manuel Alvarez, interviewed by the newspaper Listin Diario, said at least one third of the 60,000 jobs that were lost in Santiago resulted from the uncertainty created.

    They said of the 60,000 jobs lost from 15,000 to 20,000 would’ve been saved if the problem of the labor liabilities originating in the work contracts had been corrected two years ago, which had been finalized and reinitiated annually in the free zones.

    Capellan said some companies closed because the amounts they had to pay for workers lawsuits were greater than their working capital.

    As to competitiveness, the business leaders said the local currency is overvalued and its true cost should be RD$37 per dollar, as established in the Budget.

    They also complained of the high cost of energy and aspects such as labor legislation, which they said should be revised.

  5. #15
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    Does anyone know if the "salario vacacional" means a vacation bonus or if the code refers only the paid-vacation time? I got quite confused reading the code. I know of a few countries where it means a vacation bonus (like a 14th salary, something like the "aguinaldo"). Thanks

  6. #16
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    wow after reading this my husband has been ripped off

    he worked at least 12 hours a day with no overtime pay
    never got a marriage leave with 5 days pay

    never got his vacation time after one year

    is there any recourse?
    he had beeen terminated when they found out he was going to canada

  7. #17
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    He may, if the statute of limitations has not run out.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    info@drlawyer.com


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

  8. #18
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    I read the article on labour law but can you tell me if it applies to part time staff as well as full time. I am talking in particular about our gardener who works 3 full days a week i.e. 0800hrs to 1600hrs with 1 hour for lunch plus morning and afternoon breaks

  9. #19
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    The labor code applies to all employees, full-time and part-time.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    info@drlawyer.com


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

  10. #20
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    This is for Senor Fabio Guzman. It is my understanding after reading your posts over the years on the Labor Law that domestics whether or not a home is owned personally or by a Dominican corporation are not entitled to severance pay. Is this correct? Also domestics who are pregnant can be terminated without severance pay. Is this correct?
    Adam

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