Employee rights?

J

jrf

Bronze
Jan 9, 2005
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Hi all,

Got a question.
Haitian worker in the Sosua area doing construction for a Dominicano company/builder.
Foreman says not to come to work he is fired, boss says no-stay.
Do not have the details about why he was 'fired'.
Next day he shows up for work-foreman gets mad and punches him in the face splitting his lip.
Don't think he will get his pay and don't think he will be getting his job back.

Any recourse for him? Where or with whom can he talk to?

Any help appreciated thanks
 
Robert

Robert

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Jan 2, 1999
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I assume he's illegal with no papers? In that case, he does not have a lot of options, better to move on to the next job.
 
M

MrMike

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Mar 2, 2003
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Illegal workers are protected by labor laws as well. Whether he will have other issues with immigration is another story, if he gets a lawyer he can still get his employers to pay what the law requires, the lawyer will probably keep the lion's share though.
 
H

HOWMAR

Silver
Jan 28, 2004
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MrMike said:
Illegal workers are protected by labor laws as well. Whether he will have other issues with immigration is another story, if he gets a lawyer he can still get his employers to pay what the law requires, the lawyer will probably keep the lion's share though.
Click to expand...
Correct . The Fourth Principle of the Dominican Labor Code reads "...govern Dominicans and foreigners without distinction...."
I think labor cases are awarded seperate legal fees, tacked onto the award.
Also, the employer and be held responsible for deportation costs if the employee is here illegally.
 
M

MrMike

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Mar 2, 2003
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I have seen several cases though where an uneducated, simple person will get roped into an unfair contract with their labor lawyer that they sign without being able to read properly or understand (as would likely be the case with a Haitian construction worker) the lawyer sues the employer for hundreds of thousands of pesos and then turn around and give the worker 5%or some other rediculously low amount.
 
J

jrf

Bronze
Jan 9, 2005
1,020
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Thanks for the replies. I know the worker and he is not a drinker or a mean person. He was more upset with being hit than with losing the money.

Again, appreciate the help.
 
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