Permanent Disability of Worker

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Expat-in-Cabarete

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Jan 17, 2009
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Sorry if this was asked/discussed before. I was unable to find an answer to my question.

We have an employee who became permanently incapacitated to work. We are helping her file for pension benefits.

My question is if we need to pay her severance, she is asking for 'liquidacion'. Does anyone know what the labor law says we owe her, regular liquidation as if she had been fire which she wasn't?

What happens to her health insurance? Does she totally lose access to it now that she needs it most or there is some coverage provided to people on pensions for permanent disability?

Thanks

PS: we have been paying her social security all along, so totally legal on that regard.
 
Hillbilly

Hillbilly

Moderator
Jan 1, 2002
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Her "liquidation" would be very good of you. You probably do not have to, except that she might claim that her disability is your fault! That could get sticky.

Be very cautious, have legal advice, and document everything.

Good luck.

HB
 
Castellamonte

Castellamonte

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Mar 3, 2005
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I recommend paying the liquidation as if you had terminated her. First of all, it's the moral thing to do given her situation. Secondly, and likely more importantly to your business, as Hillbilly suggested a legal claim for employee wages or liquidation is something you will in all likelihood loose thus costing you even more money.
 
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Expat-in-Cabarete

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Jan 17, 2009
1,622
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Thanks for the advice. Her illness is unrelated to work. We don't mind paying as liquidation if that is what the law requires but would rather give her the money as a present and not make her sign on liquidation if it is not required. That would be indeed the human and right thing to do to help her out.

She is a good person, but generally speaking setting the precedent/expectation for her friends, neighbors and family that liquidation is to be expected if it shouldn't, it is not the way I think it is right to proceed.
 
Hillbilly

Hillbilly

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Jan 1, 2002
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Dear Expat: What you think is the right thing to do and what Dominicans, and more importantly Dominican judges think is the right thing to do are two whole worlds apart. Please, consult a lawyer or take my (our collective) advice and pay her her compensation. Have her sign a full release. Do not ever take her word for this. She will pay more attention to what her neighbors and friends say than to what anyone says at your office.

Get a lawyer, get her her money and have her sign a release and file it with the Labor Ministry. Or come back here in a couple of months lamenting the fact that you didn't when you are slapped with a "wrongful dismissal" complaint and the judgment goes against you. Please. You say that her disability is not related at all to her work. If I were a labor lawyer, I would say it was and I would win my case...(And I don't care what she has!!!)


Cordially,

HB
 
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Expat-in-Cabarete

Bronze
Jan 17, 2009
1,622
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"What you think is the right thing to do and what Dominicans, and more importantly Dominican judges think is the right thing to do are two whole worlds apart."

Thanks, HB. That statement, I have to agree, is quite correct. We will follow your advice and Catellamonte's.
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Art?culo 82 del C?digo de Trabajo. Se establece una asistencia econ?mica de cinco d?as de salario ordinario despu?s de un trabajo continuo no menor de tres meses ni mayor de seis; de diez d?as de salario ordinario despu?s de un trabajo continuo no menor de seis meses ni mayor de un a?o; y de quince d?as de trabajo ordinario por cada a?o de servicio prestado despu?s de un a?o de trabajo continuo, cuando el contrato de trabajo termina:
1. Por la muerte del empleador o su incapacidad f?sica o mental, siempre que estos hechos produzcan como consecuencia la terminaci?n del negocio;
2. Por la muerte del trabajador o su incapacidad f?sica o mental o inhabilidad para el desempe?o de los servicios que se oblig? a prestar.
...
 
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