Liquidation Pay

[Spicedwine]

Is a condo administrator considered an "employee" of the condo corp?
Would it be considered quitting if the position is not accepted as offered for the current year?

 

[Fabio J. Guzman]

I repeat:

The Labor Code does NOT provide for liquidation when an employee quits. The only exception is when the employee quits because of the employer's illegal behavior ("dimisi?n"). For details, please see my article on labor law above (in the sticky posts).

A condo administrator is considered an employee of the condo association. It would be considered quitting if the position is not accepted for an additional year when offered the same salary as in the previous year.

 

[Fernandez]

an employee who resigns with advance notice is due vacation and any personal days due.
an employee terminated for cause is due nothing.

The Dominican Republic is a socialist representative government - be very careful in how you contract and dismiss.

 

[Spicedwine]

I repeat:

The Labor Code does NOT provide for liquidation when an employee quits. The only exception is when the employee quits because of the employer's illegal behavior ("dimisi?n"). For details, please see my article on labor law above (in the sticky posts).

A condo administrator is considered an employee of the condo association. It would be considered quitting if the position is not accepted for an additional year when offered the same salary as in the previous year.

What if the duties of the administrator changed ? For example (and this really is JUST an example) - an accountant taking over the book-keeping function. Thereby justifying a reduction in the administrators salary.

 

[PICHARDO]

In the DR the employee is better to be paid off (liquidation) than to risk a costly and enduring case in labor court. Most big companies liquidate their employees EVERY year to avoid related added costs to long term employees as the labor law provides, but for the same token, they spend large amounts of money doing so year after year while they keep the same labor force intact (counter-productive).

The current protection provided to employees in the DR in the labor laws, is the fundamental basis to avoid having large employers dismiss the work force into unemployment to "curtail" the budget as many companies do in the US...

It's highly recommended to keep a daily book where late to work, discipline for unruly behavior and other minor details be kept to support the gravity of having fired that specific employee; details demand that the employee himself sign the log himself at every occasion it's noted...

 

[Chris]

What if the duties of the administrator changed ? For example (and this really is JUST an example) - an accountant taking over the book-keeping function. Thereby justifying a reduction in the administrators salary.

Then of course this is a new job and not the old one. Now, if you are going to reduce a salary salary, I suggest you do this very very carefully. To be on the safe side, I would dismiss the person (with the full assistance and knowledge of the labor department), pay out everything due, and rehire into a new position with paperwork showing that the liquidation was paid.

This is what I would do, but perhaps others would do it differently.

 

[MikeFisher]

right Chris,
but it also depends on what the employee's employing(spelling/grammatics, excuse me) contract says what he is hired for. on many occassions on my playground with watersports activities the employees are hired for "office assistant/administrative assistant work, so there's mostly no exact description of the duty, so it could change/vary without beeing something out of the job's ordinary.
Mike

 

[bob saunders]

My wife has changed job descriptions and duties for a number of employees without problems. She will not pay liquidation on anyone unless she fires them. She follows the Labour code exactly and often contacts the local office, as well as the labour code on the computer before she makes any decision involving employees.