what constitutes "hiring" someone

Worst case scenario is that the disgruntled contractor/employee kills someone.
I am all for standing up for what is right but from what I have read, quite often it seems like it is not worth the time, trouble, and potential harm and vandalism to worry about a few pesos.

Investing some time to carefully check out references for workmanship as well as character before hiring anybody in the DR would seem wise.

laurapasinifan said:

I have seen many threads here on DR1 that revolved around the employee-employer relations ship. And when there is one and when there shouldnt be one. This other recent thread reminded me of this.
Since there is such a burden on someone who "really" hires a person to make sure they are gainfully employed and to give some type of compensation if they let this person go...that it seems many people "want" or "think" they fall into said catergory. When in fact they may be nothing more than a hired contractor per se.

I understand that some large estates hire people to take care of the grounds and do handy work...but what if you hire a guy for a specific task..like build a shed, or remodel the bathroom..and the guy doesnt have a buisness doing those things, but knows how....you pay him....maybe just for labor or for labor and materials..... this guy may do this several times over the course of a year.... and then he comes and asks for severance....


Has some form of legal hiring needed to take place prior , for this to be a legit claim....or does someone have to really tip toe gingerly when they hire people like this to prevent the mistaken idea...they "work "for you

I have hired a few people on behalf of my Gfs father....to refurbish and build things...and i wonder if he could get hit with something like this...seems far fetched.......

Id like to hear about the possible scenarios along these lines

thanks

bob

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Bob buddy

If you need any work on a house - let me know - I have a very good Dominican friend - trust me this guy is as honest as they come and a personal friend.

Make a contract !!

The way I understood it from a attorney is if you make a contract with a notary and the work does not exceed 90 days then the person is a temporary worker and not entitled to any severence pay..He is however bound by the contract to complete the work in which I suggest you make 60 days.This gives you a 3-4 week window to make sure it gets done and you pay the ammount agreed..I have had a whole house built this way keeping both contracts in the 60 day time frame..Aftre 90 days he can claim he is a permant employee..Even if the person delays the contract by faking an illiness or bad weather ect..The contract with the 60 day time frame protects you from this typical attempt to say you are his/her employer..If the person does shoddy work you have the right to withold part of the money as long as you go back to the attorney who drew up the work contract first and advise him/her that you are terminating this person..Be sure to NEVER pay UP front the cost for the work..have it written in stone that you will pay in segments as you see the work progress and require he/she retain all recipts involved as things do come up unexpectedly and as you know material costs are not stable..Example..I went to buy a Toilet ,sink,and tub on Monday...then I go back and get something else from the supplier on Thursday and notice that the same 3 items were 550 pesoes more for each piece..IT Does and WILL happen..So try to make sure all materials are purchased on the day you make the contract so you both see what the price is for that day..Otherwise the whole thing can end up costing you or them more thus creating a problem...The labor fee cannot change if you have it on paper..DO NOT PAY BY THE DAY.But rather the job as a whole and be there to supervise any work being done..These guys have a BAD habit of going home for lunch and falling asleep.I had to fire several work crews over the past year for doing this or using drugs on the job..Remember if they get hurt on your property they can SUE you..If you don't watch them and they get drunk and fall you are in a whole different scenario...Be very careful of who you hire..What I did was hire a cook and everyone ate on site..Nobody left the job till the end of the day. 8AM-5PM with 1 hour for lunch is a Dominican standard.At least it is here in the SW...Hope this info helps.........................Zak

what constitutes "hiring" someone ...

well let's see. Basically, when a long distance 'relationship' is further enhanced with financial support for some of life's necessities (be it a rudimentary business idea / home improvements / indirect assistance for other family members / etc etc) ... you can be assured that you have essentially 'hired' this 'someone'.
And keep in mind that this someone is without question more than willing to be 'hired'.
Any questions? :bunny:

fender said:

well let's see. Basically, when a long distance 'relationship' is further enhanced with financial support for some of life's necessities (be it a rudimentary business idea / home improvements / indirect assistance for other family members / etc etc) ... you can be assured that you have essentially 'hired' this 'someone'.
And keep in mind that this someone is without question more than willing to be 'hired'.
Any questions? :bunny:

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How is Bob's personal relationship relevant to the general inquiry about employer/employee relationships?:ermm: