end of work bonuscheque

[miguel]

A little story!!

Sometimes it's better to pay, even if you think that you should not!. It may not be the right thing to do, but it's the wiser. One of the many stories:

My aunt, who lives in NY, had her whole house remodeled. It took about 6 months (we all know how "quick" some prople work).

When they finished, the person asked for his "liquidacion".

My aunt said "no way". For days, the argued. I told her to pay, she still said no. He said "Ok".

3 weeks later, SOMEONE helped himself with almost everything that was in the house, even the toilet's seat!!.

When she called me to "send the dogs", not only that I refused, but even If I knew that he did it, there was no proof.

Her gain for not paying him: 6,000 pesos.

Her loss: over 200,000 PESOS and the headaches!!!.

Need I say more???. And I not even going to go into what happened to me but it was not as bad but I did get the person back, real bad!.

 

[HOWMAR]

I have a question . I have a few dominicans working for me . Now I want , that 1 of them , no more working for me . He's almost 2 years working for me , end of this month I want that he will stop with the work . he's telling me now that I need to pay him an "end of working " bonus . Can somebody tell me that it's true and when it is how much is it ?

Thanks , Wim .

In addition to his severance (liqiudation) for the time he has worked for you, you must pay him for any unused vacation time due and the portion of the Christmas bonus he would be due in December. The Labor Dept. web site has a calculator for all of this. Most times it doesn't pay to object since the Labor Code favors the employee unless he is fired for good documented cause. If you don't pay him his proper liquidation and he files an objection with the Labor Dept., they will also add wages from the date of severance to the date the case is decided. This is where the lawyers make their money, by representing people and taking much of this added wage as their fee.

 

[Snuffy]

My perspective...

He worked for you 2 years. During that two years...you decided not to fire him. You kept him on. You made a determination that it was more profitable for you to keep him during that time. Therefore he must have been of value to you. Now, of course, you hate the guy and want to get rid of him. Dominicans look forward to that liquidation...if it should ever come. He will cling to that like white on rice. In his mind it is his. You owe it.

Pay it. By your actions for two years...you have stated that he deserves the money.

 

[Castellamonte]

Dismissed is not discarded...

I know what you mean and appreciate the sentiment behind it, but it has been my experience that when one is dimissing an employee, it's because they were a lousy employee, or worse yet, is stealing from you, so it kind of takes your desire away to be generous, nevertheless, it is the law and the smart thing to do.

My experience has been that unless someone is doing something very, very wrong it is in everyone's best interests to pay the liquidation, vacation, etc. and be done with it. Documented cases of not working will support a claim to not pay these things, but it is often more expensive and cumbersome than to just pay it.

I just released a guy the other day who had been with me for a year or so. His quality of work was declining and it was becoming a hassle. Rather than prolong the hassle, I just paid him his liquidiation and other dues and off he goes a happy man. Never burn the bridges unless you have to.

 

[Pib]

My experience has been that unless someone is doing something very, very wrong it is in everyone's best interests to pay the liquidation, vacation, etc. and be done with it.

Let's see this case:

Employee is been in a position for three months and a half. She claimed to have had experience doing the same thing prior to been hired. Direct Manager closely supervises her work during the time she's "on training", that is 3 months, according to company procedures.

President decides to send Manager on vacation, despite the Manager's protestation that Employee may not be ready to be left on her own. President tells Manager that everything will be alright. When Manager returns she discovers that Employee has not filed with Government Agency some documents that were supposed to be filed 10 days before. Giant Important Customer is livid, The Company just cost them nearly a quarter of a million pesos. President decides that refunding the full amount of their loss is the only way out.

If the employee were to be fired:

Was Employee entitled to severance? What do you think the Labor Department said?

 

[Malibook]

Wow, that's very generous severance pay

All calculated, it may land up being close to 3 months pay.

It's pretty easy.
Suppose you paid him 4,000 pesos a month. For 2 years of labor, you will need to pay him about 11,000 pesos. NOWWWW:

In Ontario Canada, the mandatory severance pay is 1 week's pay per year of employment.
http://www.gov.on.ca/LAB/english/es/factsheets/fs_termination.html

Donde Golo?
http://dr1.com/forums/showthread.php?p=81449#post81449

 

[miguel]

Wim!

In Ontario Canada, the mandatory severance pay is 1 week's pay per year of employment.
http://www.gov.on.ca/LAB/english/es/factsheets/fs_termination.html

Donde Golo?
http://dr1.com/forums/showthread.php?p=81449#post81449

Wim has not posted in a little while so I gather that he already resolved his 'problems'.

Comparing Canada's severance pay with the DR it's like trying to sell me a Yugo while telling me that it's a Mercedes Benz.

The OP was given a chart by Dolores. He should follow that chart. End of story!!

 

[Malibook]

Let's see this case:

Employee is been in a position for three months and a half. She claimed to have had experience doing the same thing prior to been hired. Direct Manager closely supervises her work during the time she's "on training", that is 3 months, according to company procedures.

President decides to send Manager on vacation, despite the Manager's protestation that Employee may not be ready to be left on her own. President tells Manager that everything will be alright. When Manager returns she discovers that Employee has not filed with Government Agency some documents that were supposed to be filed 10 days before. Giant Important Customer is livid, The Company just cost them nearly a quarter of a million pesos. President decides that refunding the full amount of their loss is the only way out.

If the employee were to be fired:

Was Employee entitled to severance? What do you think the Labor Department said?

I have no idea what they said but assuming that the employee meets the minimum required work period to qualify for severance pay, what I say is that unless there is malice and intent, the employee should be paid.

 

[Malibook]

Comparing Canada's severance pay with the DR it's like trying to sell me a Yugo while telling me that it's a Mercedes Benz.

True but I am surprised that they are more generous there.
WAY more generous.

I am pleasantly surprised to see that the Dominican Republic has such high standards for employees' rights.

 

[Malibook]

Sometimes it's better to pay, even if you think that you should not!. It may not be the right thing to do, but it's the wiser. One of the many stories:

My aunt, who lives in NY, had her whole house remodeled. It took about 6 months (we all know how "quick" some prople work).

When they finished, the person asked for his "liquidacion".

My aunt said "no way". For days, the argued. I told her to pay, she still said no. He said "Ok".

3 weeks later, SOMEONE helped himself with almost everything that was in the house, even the toilet's seat!!.

When she called me to "send the dogs", not only that I refused, but even If I knew that he did it, there was no proof.

Her gain for not paying him: 6,000 pesos.

Her loss: over 200,000 PESOS and the headaches!!!.

Need I say more???. And I not even going to go into what happened to me but it was not as bad but I did get the person back, real bad!.

Of course there are times when it costs less to give in to blackmail but a contractor demanding severance pay is absolutely outrageous.

There are numerous crimes that despicable lowlifes could possibly commit and thus try to blackmail one over.

Rewarding such criminals may save some cash but it is morally wrong.
Besides, how much will they demand/steal next time ...

 

[Castellamonte]

Let's see this case:

Employee is been in a position for three months and a half. She claimed to have had experience doing the same thing prior to been hired. Direct Manager closely supervises her work during the time she's "on training", that is 3 months, according to company procedures.

President decides to send Manager on vacation, despite the Manager's protestation that Employee may not be ready to be left on her own. President tells Manager that everything will be alright. When Manager returns she discovers that Employee has not filed with Government Agency some documents that were supposed to be filed 10 days before. Giant Important Customer is livid, The Company just cost them nearly a quarter of a million pesos. President decides that refunding the full amount of their loss is the only way out.

If the employee were to be fired:

Was Employee entitled to severance? What do you think the Labor Department said?

In my non-legal opinion and understanding the laws as I do, the employee IS entitled to the liquidation. Mostly this is because it is past the 90 days (3 months) of probation. If the employee were terminated before those 90 days were up, no liquidation would be due.

The fact of the matter is that the employee was employed, regardless of how skilled they were or were not. I would say the President needs to swallow this lesson and move on.

 

[Pib]

I have no idea what they said but assuming that the employee meets the minimum required work period to qualify for severance pay, what I say is that unless there is malice and intent, the employee should be paid.

Absolutely! That's exactly the reply from the Labor Department: "if you cannot prove willful malice or that the employee would profit from the 'mistake' she is entitled to severance. Stupidity is not illegal".

So you see, somebody could have all the good intentions of doing a good job, be otherwise a responsible, amenable person and yet a nightmare of an employee. She didn't chase anyone with a machete when fired. :nervous: