Overview of Dominican Labor Law

[CG]

Thank you again, they are for sure slightly outside of the normal law in more ways than one...

Will be meeting with the local ministerio in the morning, was just looking to see if the vast knowledge of DR1 had a quick answer so I can go in somewhat armed tomorrow.

Thanks, enjoy the evening !,
cg

 

[sophiadcruise]

I do not have any much detailed knowledge of the same but as far as I am concerned Labor relationships in the Dominican Republic are governed by Law No. 16-92 of May 29, 1992, commonly known as the Labor Code, which is characterized by its strong and sometimes inflexible protection of the rights of the individual employee. that's all.

 

[Martin99]

Thanks for the very informative document and additional comments. I'm working with a non-profit here, and this information will be quite helpful.

I have a couple of questions:

1) Are the minimum wages in the included table stated in weekly, monthly, or annual amounts (my assumption would be monthly)?

2) Can someone provide a link to a web resource that shows the current minimum wages, as well as any updated severance and social security amounts/percentages?

Thanks in advance!

Marty

 

[Martin99]

Thanks, 345!

 

[Fernandez]

Please start new thread if you wish to talk about the business environment.

 

[E2325]

Hello,
I have a question about severance pay for domestics. We have had a lady work for us twice a week for the last two and a half
months. I have read that domestics don't get severance but then I have her telling me that she does rate it. What is correct if she does rate it, doesn't time worked also come into play here since she has been with us less than three months?
So what would I owe her, severance, Christmas salary plus days worked?

Thanks in advance.

 

[La Profe_1]

You owe her the regal?a navide?a which is usually one month's salary. However, since she worked only three months, she should get 25% of the month's salary since she worked 25% of the year. The law also calls for vacation, but since she worked less than three months, I don't think is payable either.
it
She does not get liquidation (cesant?a). This link, in Spanish, lists the regulations for employers:

Guzm?n Ariza | Derecho de trabajo

From the link:

Trabajadores Dom?sticos

Los trabajadores dom?sticos no se benefician del r?gimen general establecido en el C?digo de Trabajo sino que se encuentran sometido a un r?gimen especial (Art. 4). El C?digo define como trabajadores dom?sticos a aqu?llos que se dedican de modo exclusivo y en forma habitual y continua a labores de cocina, aseo, asistencia y dem?s, propias de un hogar, que no importen lucro para el empleador. (Art. 258). No son dom?sticos los trabajadores al servicio del consorcio de propietarios de un condominio.

El trabajo de los dom?sticos no se sujeta a ning?n horario aunque deben tener un descanso diario ininterrumpido de nueve horas por lo menos y un descanso semanal de 36 horas sin interrupci?n (261 and 262). Los trabajadores dom?sticos no tienen derecho al auxilio de cesant?a pero s? a dos semanas de vacaciones por a?o y al salario de navidad (Art. 263)

The part in bold says "Domestic workers do not have the right to liquidation but do receive two weeks of vacation and the Christmas salary."

 

[Lisa14]

I have a question how can an American work on their passport?

 

[AlterEgo]

I have a question how can an American work on their passport?

They can't Lisa, that's illegal. You need residency and a cedula to work.

 

[Kipling333]

Congratulations to Dr. Guzman for giving his views on certain cases and also for his continued good work here , However I do notthink I have laughed so much for a long time as to his suggestion that jurisdrupence is used in this country as it is in all countries .NO NO NO as Margaret Thatcher said . The legal system and standards in this country are so poor that there are no adequate law reports for a lawyer to suggest a precedence ,there is no understanding as we have in English law that the whole role of a defence lawyer is to test the evidence that the prosecution has presented to see if it is right or wrong and what is worse is that many judges do not simply know what the law is .. I suppose because they are not given weekly law reports .
One of my great joys is to read the printed weekly law reports from the UK ,Australia and New Zealand ...Nothing like these exist here
so in nearly all court cases in the DR relating to the labour laws , it is a total lottery with the odds in favour always of the employee and the Dominican. I have read various specific questions here as to hours and as to holidays and I can only give my advice..just pay and agree to the minimum hours because in the long run you can not win

 

[Kipling333]

I do not know if any of you have read the History of the English Speaking Peoples by Winston Churchill or his official biography by Martin Gilbert,the reason that I ask is that Churchill was a great labour law reformer and introduced the maximum hours, the tea breaks , the pensions but most importantly the legal system to deal with labour disputes . He also deals in some details what England gave to the world in terms of Common Law and Trial by Jury and other legal matters that more than 100 years later the Dominican Republic would be encouraged to follow . It is the great legacy of England to the world and nothing better has ever been found . Together with the Book of Common Prayer .all countries would be far better off to follow these two great institutions but most certainly the DR

 

[CG]

Quick question... Inside the 8 hr work day is there 1 hour of lunch included?, or is the lunch hour
outside of the 8 working hrs?.

Thank you

 

[Hlywud]

Do not post untruthful statements in this tread, they will be moderated...

 

[web]

They can't Lisa, that's illegal. You need residency and a cedula to work.

What about a work visa?