question of employee's work hours?

[Rocky]

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.

He has the right to refuse.
Furthermore, when you gave him the raise, his benefits automatically went up proportionately.
That is to say, that if you fired him now, his "liquidacion" would be based on his present salary, not what he earned before.

More importantly.
Here are 2 possible solutions.
One is that you speak with him and get him to agree with the extra hours, explaining to him that you need him to do so, for whatever justification you have, and that you do understand that he doesn't have to.
If he accepts, good for you.
The other solution is to fire him with the understanding that you would rehire him at a different rate, should he decide to accept.
If he does accept, you would have to pay him all his benefits, liquidacion, regalia pascuale, vacation pay and 2 week notice.

 

[newyorkcityboy]

thanks i will take your advice i will talk to him on monday

 

[Campesina]

As Sr Guzman explained and showed in his copy of the law in my question about lunch hours, a legal workday is 9-5 including lunch. You state your hours are 9-6 therefore, you are already over the limit by 1 hour per day. Then, Saturday 9-2 is also over the legal limit by 1 hour. As it is, right now, you are over the legal limit by 6 hours, not 3.5 as you state in your 47.5 theory. As it stands, right now, your employee could go to the secretary of labor and claim the additional overtime from the time you hired him. Be careful. Get it straight, then go from there.

 

[Berzin]

...i should not be punished if i want him to work 5 extra hrs a week.

"Punished?" You are trying to punish HIM by trying to get him to work those extra hours FOR FREE!!! I am assuming you will be making money during the time he is employed those extra hours, so why don't you just hit him off with a little something extra instead of trying to coerce him into working that extra time for free?

 

[GringoCArlos]

Rocky made one small error (at least in the way that I understand what he wrote) in saying that because you gave him a raise in January, his benefits cost went up proportionally (if he meant equally up). The benefits would not be calculated as the employee receiving 10,000 a month for liquidation purposes if you were to fire him today.

If you had been paying him 8,000 a month since last January, and then this January you gave him a raise to 10,000, then should you fire him today, you would calculate his AVERAGE wages for the past 12 months (= (8,000 x 11) + (1 x 10,000)= monthly average of 8,166 per month right now. In March, his average wages would rise to 8,333, etc.

Overtime should be paid for anything over 44 hours a week. And no, the Labor Code won't allow things like 4 days x 11 hours a day without a hassle between the employer and the Labor Board - the Free Zones have tried to get this kind of change allowed, but it has been a tough fight.

The employee has a work contract with you under the Labor Code, whether written or implied, so if you want to change the terms, yes he must agree with the changes.

 

[Rocky]

Rocky made one small error (at least in the way that I understand what he wrote) in saying that because you gave him a raise in January, his benefits cost went up proportionally (if he meant equally up). The benefits would not be calculated as the employee receiving 10,000 a month for liquidation purposes if you were to fire him today.

If you had been paying him 8,000 a month since last January, and then this January you gave him a raise to 10,000, then should you fire him today, you would calculate his AVERAGE wages for the past 12 months (= (8,000 x 11) + (1 x 10,000)= monthly average of 8,166 per month right now. In March, his average wages would rise to 8,333, etc.

Overtime should be paid for anything over 44 hours a week. And no, the Labor Code won't allow things like 4 days x 11 hours a day without a hassle between the employer and the Labor Board - the Free Zones have tried to get this kind of change allowed, but it has been a tough fight.

The employee has a work contract with you under the Labor Code, whether written or implied, so if you want to change the terms, yes he must agree with the changes.

Unless the law has changed, then the benefits are proportionate to his/her latest salary.
Have you been made aware of some change in that law, that it is no longer the case?

 

[GringoCArlos]

Severance has always been calculated just as the Christmas bonus, based on the previous 12 months average (this was always calculated and done for me by a large payroll service I used for our employee payroll).

I will check against my Labor Code book tomorrow, and post here, Rocky.

 

[Rocky]

Severance has always been calculated just as the Christmas bonus, based on the previous 12 months average (this was always calculated and done for me by a large payroll service I used for our employee payroll).

I will check against my Labor Code book tomorrow, and post here, Rocky.

According to the website,
:: Secretaria de Estado de Trabajo ::
your information is correct.

 

[GringoCArlos]

OK Rocky, but I will post confirmation here, as well as information on some other points mentioned.

First: Libro I, Title VII, Capitulo III, Article 85: Cesantia and preaviso will be calculated based on the average salary received for the previous year, or fraction of year, and is calculated based on regular hours (if overtime was worked, and paid, it is NOT included in this calculation. If the employee is being fired, the same calculation is used.)

Second: Under Libro III, Capitulo II, title V, Article 203 - The normal workweek is 44 hours, with no more than 8 hours per day, and the normal workweek ends at 12:00 Saturday. Hours worked between 44 up to 78 hours per week are to be paid at no less than 135% of regular payrate. Over 78 hours per week are to be paid at 200% of regular payrate.

Holiday pay is at 200%. Nighttime work (between 9pm and 7 am) are to be paid at no less than 115% of daytime rate.

8 hours per day is considered regular workhours. Lunch taken at the workplace is considered to be for the employers convenience, and is "on the clock". This means that if an employee works from 9 am to 6 pm, eats at the workplace, they should receive 1 hour of Overtime each day as well. (Libro III, Capitulo I, Article 151, 3rd point.)

Hope this helps.

 

[newyorkcityboy]

overtime overtime is what i here all the time dont forget i pay my employee 10,000 pesos per month pluss traveling expenses pluss his seguro social 1.800 pesos per month all together about 14,000 pesos per month all i am asking for five hrs extra a week remeber he is getting a dam good salary pluss paid benifits by me.talk to me about overtime when an emolyee is getting min. wage. maybee i am wrong but look at the salary

 

[bob saunders]

You keep referring to this as a damm good salary. What is he doing for that salary? My wife pays her many of her teachers that much for half days, plus medical, dental. and Social Security...etc.

 

[Bijoux]

I've read your tread and I'm wondering what you are trying to achieve exactly.
My sense is that you want an employee to work for you for free because I guess he should like you? No one should work for free. I'm pretty sure this applies to DR as well.

With my employees, I always try to remember that I can only be successful if they are happy and this will only happen if they don't feel like I'm trying to take advantage of them. From the outside, it looks like you feel they should be grateful of working for you and basically give you their life in exchange of a salary. That does not make sense to me.

To me this is the same thing as this say a friend is always repeating: happy wife, happy marriage. You can translate that to the workforce.

As long as you are paying a competitive salary you should not expect above average dedication to you. Are you even paying a competitive salary to your employees?

 

[mike l]

overtime overtime is what i here all the time dont forget i pay my employee 10,000 pesos per month pluss traveling expenses pluss his seguro social 1.800 pesos per month all together about 14,000 pesos per month all i am asking for five hrs extra a week remeber he is getting a dam good salary pluss paid benifits by me.talk to me about overtime when an emolyee is getting min. wage. maybee i am wrong but look at the salary

You are obviously just trying to provoke a reaction with this repetative answer and it seems to be working!

Interesting!

 

[dominicrush]

First of all I just have to say that you disgust me.
You are paying the guy about $1.40 USD an hour. What's the difference if you pay him another $5 or $10 a week to compensate for the extra labor he will be doing? If the job and the salary are so great, then I bet there are 100's of people that would want his job. But if you are happy with your employee and his work, then keep him and compensate him. I don't know about legally, but morally and ethically you are WRONG.
I don't know what your business is, but in any business there should be a mutual respect between Employer and Employee. Do you respect him and want him to work for you? Then show it. I have been to Higuey and the expenses away from the resort are still very expensive. Rents are expenisve Food clothes everything it expensive. As expensive as it is here in the USA What you are paying him may be "good money" in someones eyes ( I don't know whose) I am sure it isn't enough to cover Food and shelter and other basic materials. Its like $270 USD a month what you pay him. You try to live off that. It seems you have no respect or appreciation for your employee. Are you really a New York City Boy? Because that wouldn't fly here where you live. I am ashamed for you.

 

[newyorkcityboy]

listen pal i am from n.y. but we are talking DR wages.compare that wage of 10,000 pesos per month compare to a cop's wages which a cop risks is life everyday here in the dr.and mind you if you have been reading all along i gave him a raise of 2,000 pesos per month for the new year and also paid him triple wages for dec. a token of my apreciation and it's not like he works on a asembly line all day he also got to other employees that help him out more than anything he controls my buisness when i am not there as far a phsical work is conserned he has 2 helpers that do that basically he is my right hand man with trust. know recap in the new yr--2,000 raise--all benifits paid by me--2 other employees to to all the phsical work needed--paid all traveling expenses per month for him--triple wage bonus for december.REMEMBER WE ARE IN THE DR NOT N.Y OR ANYWERE ELSE IN THE U.S. if i wre to put out hiring sighn out there with all these items there would be a line outside side my buisness that stretches 1 mile long but i dont want that i am happy with him but i am sure he knows he has got it good.

 

[Adrian Bye]

NYCboy, you are asking americans how to pay a Dominican. They don't understand. Talk to Rocky offline and ask some local Dominicans how to handle the situation. I think Rocky's posts have been the most accurate ones.

 

[dominicrush]

Maybe I am wrong as far as American vs Dominican values. But as far as him being your right hand and running your business... Then find out the legalities of course, but discuss it with him. If you trust and repect him and want to keep him, which you say you do. I am sure that the extra few dollars for you to shell out for his extra few hours of work... will benefit you as much, if not more so, than it will him. The most important thing is that you have someone you like and trust running your affairs, and that is priceless, in any country.

 

[Jumbo]

Yes NYCBOY, if you were paying a basic skilled person, ditch digger or a cleaning lady then RD10.000 is awesome. But this person has some value to you. I pay my workers more than twice the minimum wage here in the US of A and they do work most Dominicans have the Haitians do in the DR. Pay a person what they are worth. For a business owner you do not seem too bright.

And yes, i do know what the pay rate in the DR is. A 20 year old college cutie i know in Santiago gets RD10.000 a month plus commission for processing applications for Tarjeta Naranja. She speaks English, goes to school at night and works the 44 hours a week. She gets the higher pay because she is worth it.

Look around pal. Dominicans drive cars, own houses, take vacations and spend time with family. If it was up to you they would all live in concete shacks because that is about all RD10.000 a month gets. Just pay the man what he is worth or pack up and go back to NYC.

 

[Adrian Bye]

Jumbo, you're that proud of yourself for paying "twice the minimum wage" in NYC?? (minimum wage in NYC is $7.15/hr, so I presume you pay $14.30/hr??).

DR minimum wage is $4,400/month for small companies according to http://www.dr1.com/support/113/where-can-i-find-information-average-wages.html

By that metric, you're underpaying your NYC employees significantly. Better start paying them what they're worth pal!

 

[Toddman1]

I read these things and I can't believe it. Just because the minimum wage of a third world (or 2.5 world) country is 4400 pesos per month, doesn't make it right. As an American who does humanatarian work, it really ****es me off when I see other Americans exploiting Dominicans just because they can. As soon as American business owners and others in the DR start paying everybody more including the policia, the sooner the DR will have less crime, less corruption and better living conditions all around. So stop thinking that just because a goverment says it's OK to underpay everybody, doesn't make it right. Then you're buying into all the same crap people complain about on DR1 Everyday! The ironic thing is except housing EVERYTHING cost more in DR. Gas, Food, Toiletries and when Dominicans try to get alittle more Americans get upset..DUH I wonder why. You try living even on 20,000 pesos per month! What a joke! And that's my rant!