question of employee's work hours?

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newyorkcityboy

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I have an employee his salary is 10,000 pesos per month he work's mon-fri from 9am to 5pm and on saturday 9-2pm. iwould like to change the hours from 9am-6pm mon-fri do i have my legal right to do this without getting into any trouble with the labor board. and please dont say just give him more money cause he's got a very good salary.
 

Rocky

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I have an employee his salary is 10,000 pesos per month he work's mon-fri from 9am to 5pm and on saturday 9-2pm. iwould like to change the hours from 9am-6pm mon-fri do i have my legal right to do this without getting into any trouble with the labor board. and please dont say just give him more money cause he's got a very good salary.
If he/she finishes one hour early one of the days to make a total of 44 hours, you may be allowed to do it, but it would be best to ask our resident lawyer, to be sure.
 

Berzin

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I'm not versed in dominican labor law but your justification for piling on more hours because he already has a good salary seems a little bit out there.
 

Fernandez

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Fire him, restructure new. Pay off his due.
Start fresh with written requirements signed by him.
Also, sign him as an independent service provider to protect yourself , under a services agreement -
 

Chris

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How many hours total per week do you want this person to work? and how do the lunch times work?

(Is it that I can't count? or has indentured servitude become the latest fashion?)
 

newyorkcityboy

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mon-fri 9am-6pm less half hr. for lunch that's 42.5hrs then sat-9am-2pm less half hr. for lunch that's4.5 hrs. TOTAL FOR THE WEEK IS 47HRS. REMINDER HIS SALARY IS 10,OOO PESOS PER MONTH PLUSS TRANSPORTATION EXPENSES PAID BY THE COMPANY.
 
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apostropheman

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so let's get this straight; currently you have a contract with your employee.
I have an employee his salary is 10,000 pesos per month he work's mon-fri from 9am to 5pm and on saturday 9-2pm. iwould like to change the hours from 9am-6pm mon-fri do i have my legal right to do this without getting into any trouble with the labor board. and please dont say just give him more money cause he's got a very good salary.
you want to change it
i just want 5more hours i don't want to eliminate saturday.
adding 5 hours without an increase in pay or benefits
That's what I thought. Now, how many hours make up a working week in the DR? Legally I mean? Before you go into overtime hours. Do you know?
i don't know.
44 hours maximum
and have him work more than the legal maximum
mon-fri 9am-6pm less half hr. for lunch that's 42.5hrs then sat-9am-2pm less half hr. for lunch that's4.5 hrs. TOTAL FOR THE WEEK IS 47HRS. REMINDER HIS SALARY IS 10,OOO PESOS PER MONTH PLUSS TRANSPORTATION EXPENSES PAID BY THE COMPANY.
I had not seen this.
No, it would not be legal.
and you justify this by saying
but i am paying my employee 10,000 pesos per month more that the min wage.
correct?
 
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apostropheman

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are you hiring? :cheeky::bunny::bunny:
How many hours total per week do you want this person to work? and how do the lunch times work?

(Is it that I can't count? or has indentured servitude become the latest fashion?)
 

newyorkcityboy

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no i am not hiring i just feel that he is paid very well and to add a few hrs per week should not be a big deal . i understand if he was getting paid min. wage then i would agree with overtime. and no he is not under contract and i gave him a raise recently in jan for 2,000 pesos more per month again his salary is 10,000 pesos more than the min i should not be punished if i want him to work 5 extra hrs a week.
 

Chris

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i don't know.

OK, hopefully you looked at Rocky's post .. he quite rightly said 44 hours. Your employee works 47 hours already. And now you want 5 hours more.

OK, that is all good and well ... but, are you paying 3 hours overtime currently .. that is for the 47 hours, and will you be paying 8 hours overtime for the new working hours?

Yes, yes, I know you say you're paying the employee already "10,000" pesos per month "more than the minimum wage"? Yes? How much are you paying the employee? "10,000 pesos"? So, less than 300 dollars US? But you want the person to work what amounts to one additional day per week - for less than 300 dollars per month? Illegal .. Immoral and really not too cool.

Someone, help me out here before I go 'illegal' on this poster here in the legal forum.
 

daydream

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no i am not hiring i just feel that he is paid very well and to add a few hrs per week should not be a big deal . i understand if he was getting paid min. wage then i would agree with overtime. and no he is not under contract and i gave him a raise recently in jan for 2,000 pesos more per month again his salary is 10,000 pesos more than the min i should not be punished if i want him to work 5 extra hrs a week.


Why didn't you re-negotiate his hours at the time you gave him the pay rise?
 
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apostropheman

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you may not have a written contract but i would think,
although i'm not a lawyer nor a DR employment expert,
that you have an implied (and verbal) contract and cannot force the employee to accept more work hours, with or without an offer of additional compensation.
no i am not hiring i just feel that he is paid very well and to add a few hrs per week should not be a big deal . i understand if he was getting paid min. wage then i would agree with overtime. and no he is not under contract and i gave him a raise recently in jan for 2,000 pesos more per month again his salary is 10,000 pesos more than the min i should not be punished if i want him to work 5 extra hrs a week.
 

newyorkcityboy

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I should of said something when i gave him the raise but i did not.remember here in the dr. 10,000 pesos is a good salary.i does not amount to much in us dollors but here in the dr. that's a good salary. all i am asking for is a 47hr. work week if 44 is the law then how much do need to pay him extra for overtime and does he have the right to refuse.
 
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