In general, Dominican courts implement the principle of "legal subordination" ("subordinación jurídica") to differentiate between labor contracts and other types of contracts ("freelance" or "independent contractors"). This principle dictates that an individual is considered an employee if he is under the authority of another (the employer), receiving directions and guidance in the fulfillment of his tasks. However, the words "authority," "instructions," and "guidance" lack specific legal definitions, which can complicate the application of this doctrine.
To ascertain the presence of legal subordination, Dominican courts take into account the following factors:
a) Workplace
b) Working hours
c) Materials and tools used
d) Exclusivity of work
e) Dependent staff
If an individual operates from his own office, works at his discretion, uses his own resources and tools, caters to multiple clients, and has his own employees, it's almost certain that he would not be classified as an employee.
Contrarily, if a "freelancer" or "independent contractor" is engaged full time exclusively for your business, does not have any subordinate staff, and adheres to your company's policies, standards, and regulations, a Dominican court is likely to consider them an employee under the protection of the Dominican Labor Code.
Anything in between is up in the air and the court will decide one way or the other.
To ascertain the presence of legal subordination, Dominican courts take into account the following factors:
a) Workplace
b) Working hours
c) Materials and tools used
d) Exclusivity of work
e) Dependent staff
If an individual operates from his own office, works at his discretion, uses his own resources and tools, caters to multiple clients, and has his own employees, it's almost certain that he would not be classified as an employee.
Contrarily, if a "freelancer" or "independent contractor" is engaged full time exclusively for your business, does not have any subordinate staff, and adheres to your company's policies, standards, and regulations, a Dominican court is likely to consider them an employee under the protection of the Dominican Labor Code.
Anything in between is up in the air and the court will decide one way or the other.
