Even though employed less than 3 months and not eligible for liquidation, they are entitled to christmas bonus prorated. You still need to run the numbers. There is no rule that requires employee to apply for liquidation, but there is a rule that requires the employer to have payment for liquidation, preaviso and cesantia to the employee within 10 days of termination. Christmas pay can be paid in December when usually paid to other employees.Verification an employee needs to be at least be emploeyd for 3 months to be able to get liquidation, the liquidation will be calculated in regard due the period of tim the employe was employed...the employee needs to apply for liquidation within 48 hours of being layed off or fired...so its always wise to handle over a letter of dismissed signed by both parties so there will be no misleading or misunderstanding...wink....
I have a Dominican living in my place for the last 8 years. His girlfriend has also been there for 6 years and her son for 4-5 years. The thing is, he doesn't get paid, it is a trade off thing, he lives in a nice house and he watches over my home.
If he were to leave, or I sell, sould there be liquidation to pay? No paperwork, no pay and he pays most luz bills. Five bedrooms, three washrooms, pool, new furniture, new windows, 50" LED tv, brand new theatre seating, 27 cubic ft brand new french door fridge etc. He drives my motto and my Ford Explorer.
When batteries are needed, i pay, new fans etc, all repairs I pay. He tends the garden and has painted at times.
When i arrive, i fill the fridge with 10,000 pesos worth of food, pay for most things. When i leave, three times a year, I usually shoot him 5-7 thousand pesos as well as a couple more thousand for the novia and novias kid
Seems a win win arrangement but not if i am expected to pay liquidation.
What would it be based on if his payment is living in my house 365 and I go for 6-8.5 weeks.
If it is based on his pay, it would be zero.
I mean otherwise, I would have to pay the novia and kid too, jeje.
I have a Dominican living in my place for the last 8 years. His girlfriend has also been there for 6 years and her son for 4-5 years. The thing is, he doesn't get paid, it is a trade off thing, he lives in a nice house and he watches over my home.
If he were to leave, or I sell, sould there be liquidation to pay? No paperwork, no pay and he pays most luz bills. Five bedrooms, three washrooms, pool, new furniture, new windows, 50" LED tv, brand new theatre seating, 27 cubic ft brand new french door fridge etc. He drives my motto and my Ford Explorer.
When batteries are needed, i pay, new fans etc, all repairs I pay. He tends the garden and has painted at times.
When i arrive, i fill the fridge with 10,000 pesos worth of food, pay for most things. When i leave, three times a year, I usually shoot him 5-7 thousand pesos as well as a couple more thousand for the novia and novias kid
Seems a win win arrangement but not if i am expected to pay liquidation.
What would it be based on if his payment is living in my house 365 and I go for 6-8.5 weeks.
If it is based on his pay, it would be zero.
I mean otherwise, I would have to pay the novia and kid too, jeje.
I think this person would be considered "domestic help" which is much different from an employee at a business. There has been debate (both in the government and here on DR1) about adding domestic workers to liquidation benefits. But my understanding is that as of now, liquidation payment is not required for domestic help, just pay the Christmas bonus and Vacation time payment that they are owed for that year.
But some domestic workers will try to get liquidation money also. Check to see where the labor law is before termination, because they are discussing adding the benefits to domestic help, which could become an excessive burden for middle class families to account for and that presently find it affordable to have a maid.
If an employee resigns, there is neither cesant?a nor preaviso, just vacaciones (if the employee has not taken them) and navidad.
A maid is a domestic: no liquidation is required by law. mountainannie, did you defend yourself?