Need help.Worker suing me after I let him go

[Riva_31]

Question do part time employees get severance?

Yes, severance its going over the salary, no matter what type of worker you are.

 

[the gorgon]

I also want to mention that Mr AE’s brother took our caretaker to the labor dept in Santo Domingo when we let him go (we were out of the country). He was told that domestic employees do not get severance and we only owed the vacation and 13 th month.   We paid that and he signed the receipt, then we chose to give him a bit extra. 

Everyone had told him we owed him about 80,000 pesos

this seems like critical information to the OP. maybe his attorney can present a case that his capacity is as a domestic employee?

 

[windeguy]

Go to the labour ministry. Give them the dates and the circumstances. They have a formula that they use and they will tell you whether this guy is entitled to severanxe and how much it will be. Unfortunately in this country regardless of the reasons for firing workers are entitled to full severance.

Only if you have perfectly documented reasons for firing, and have warned him numerous times in writing, he might not be owed severance. And yes, the ministry sets the amount by a formula , not a lawyer. The ministry will side with him. He will almost certainly get additional money under the circumstances you describe.

 

[Riva_31]

Only if you have perfectly documented reasons for firing, and have warned him numerous times in writing, he might not be owed severance. And yes, the ministry sets the amount by a formula , not a lawyer. The ministry will side with him. He will almost certainly get additional money under the circumstances you describe.

Even if you give liquidation have to do it with the correct papers, and comunications to the labor department, thats the only way you can protect yourself. At the labor department acept as true everything a worker want to tell them, so the Employee is the one that must proof the worker is telling lies.

 

[drstock]

Thank you to pinpoint the official calculator: https://calculo.mt.gob.do for the calculation but as well a way to generate the official form to be signed .

I copy the page that comes up with the result on the website to a Word document. Then you can edit a bit. I'm not sure if it's officially correct to do that but it's always worked for me.

 

[william webster]

You must file the complaint- part of the 3 strike rule - at the Labor Ministry

If you have ever rented - that works in favor of the employee
meaning against you.... you become a business in their eyes

These rules are fluid..

get while the gettin's good......

out, out and out
don't look back

 

[Garyexpat]

I would give up on trying to get a termination for just cause as I don't believe you can submit the occurrences after the fact. I have used the online site in the past without a problem. Eventually I used a payroll company. I funded the account and they paid the employees, taxes and insurance and when terminations took place they did the calculations. It was WELL worth the 5 or 6 % they charged me.
Understand if an employee goes to the Secretaria they will have an official document from them but if you understand Spanish you will quickly see that it only states that they filed the complaint.

 

[beeza]

I was always of the impression that domestic staff are not entitled to severance or any other benefits.  Ask a middle class Dominican who hires domestics how they would handle it.

 

[Russell]

You must file the complaint- part of the 3 strike rule - at the Labor Ministry

If you have ever rented - that works in favor of the employee
meaning against you.... you become a business in their eyes

These rules are fluid..

get while the gettin's good......

out, out and out
don't look back

Yup!
Sooo correct.
Remember here in RD there are no social safety nets... no welfare ; no unemployment Insurance . So you pay.
Russell

 

[the gorgon]

I was always of the impression that domestic staff are not entitled to severance or any other benefits.  Ask a middle class Dominican who hires domestics how they would handle it.

AE might have a very good point, which might be applied to the OP's benefit.

 

[william webster]

Again --- not always but maybe, sometimes the domestic employee rule applies

Not if the property is owned by a corporation.
House, domesticity fly fast out the proverbial window.

 

[AlterEgo]

That seems to be true -
but like everything else , the final decision seems to vary - case by case, location by location... etc by etc

I’m sure that’s true. I also wonder if the rules are fluid between a Dominican employer and a gringo. We had that advantage 

 

[AlterEgo]

Wanted to add that WW is right. If you’ve ever rented your property, ever sold an avocado or mango, etc., they will consider the employee differently, as a business employee. 

Beeza, all my inlaws are middle/upper middle Dominicans. Domestic employees do not get liquidation, only vacation and double December 

 

[Garyexpat]

I was always of the impression that domestic staff are not entitled to severance or any other benefits.  Ask a middle class Dominican who hires domestics how they would handle it.

We as Expats are not afforded same leeway as middle class Dominicans. Right or wrong the average employee expects more from us and will run to the Secretaria in a NY minute.

 

[bob saunders]

Only if you have perfectly documented reasons for firing, and have warned him numerous times in writing, he might not be owed severance. And yes, the ministry sets the amount by a formula , not a lawyer. The ministry will side with him. He will almost certainly get additional money under the circumstances you describe.

Not necessarily, we have had several cases where they have not decided in favor of the employee.

 

[Riva_31]

Not necessarily, we have had several cases where they have not decided in favor of the employee.

In my work they had a case where they decided in fovor of the Employer, but the cost was 40,000.00 pesos to factory's lawer, also had to pay the employee lawer.

 

[KITTU]

Summer 2017,I hired a worker full time to take care of my house in Cabarete.
Tasks were mainlyool , garden, cleaning inside house ,turn A/C a bit when I was not here, presence in the house:I am still not living permanently.Was supposed to work from 8:00am to 3pm with 1 hour break for lunch from Monday to Friday and on Saturday from 8:00 to noon.

In December,I installed webcams for security reasons .I am getting notified by email with pictures when they are motions within the house .
By looking at the time when I was getting the pictures,I noticed that the worker was working just a couple of hours .Basically, was taking advantages that I was not there to show-up late and leave very early.

When I arrived last week ,we found the house dirty so based on this I decided to let him go.
I paid him whatever I owned him and gave him 2 weeks as severance.

I am back in the US and now I am getting notified that I have to be in court on the 28th for a labor issue.
I directly contacted the worker to understand the reason. Was telling me that he wants US$1000 for termination.
I asked him why ? He told me because it's what his lawyer can get for him.No further answer ......

When I let him go ,we were quite clear about the performance issue.The whole discussion was done in front of the head of the security of the community .Head of security shared that he was seeing him sleeping quite a lot !

I cannot go back to DR for the 28th ,date I suppose to be in court.

What do you suggest ?

Thank you.

First of all, how long was he employeed by you? Did he sign a paper when he recieved his severence?

 

[malko]

I also want to mention that Mr AE’s brother took our caretaker to the labor dept in Santo Domingo when we let him go (we were out of the country). He was told that domestic employees do not get severance and we only owed the vacation and 13 th month.   We paid that and he signed the receipt, then we chose to give him a bit extra. 

Everyone had told him we owed him about 80,000 pesos

Was just going to chime in with my 2 cents.

I saw this second hand, from both sides of the aisle, very recently.

Family member who worked ( and lived on premises ) in a house in POP ( for a dominican family ), was told to leave, for no reason ( well no reason, meaning, no problem with her work, etc...etc.....).
She wanted to file a complaint. They told her no can do. You got your holidays and extra " december" pay, thats all you are entiteled to.

Another case was my SIL getting rid of maid/house help who had worked for 7 years for her.
Same answer. Holidays were not taken, but paid. December double salary was paid. Thank you, bye bye.

 

[Russell]

We as Expats are not afforded same leeway as middle class Dominicans. Right or wrong the average employee expects more from us and will run to the Secretaria in a NY minute.

That is correct. And they will win a severance most of the time. After one year of another employee in a Domestic job I was ordered by Secretaria to pay three months salary, vacation pay and X2 December.
So I paid it and said nothing.

 

[Russell]

We as Expats are not afforded same leeway as middle class Dominicans. Right or wrong the average employee expects more from us and will run to the Secretaria in a NY minute.

That is correct. And they will win a severance most of the time. After one year of another employee in a Domestic job I was ordered by Secretaria to pay three months salary, vacation pay and X2 December.
So I paid it and said nothing.