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  1. #1
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    Default Pero que abuso...

    My mother hired a man back in October/2013. The 1st 3 months the man is doing his job. Since comes February:2014 the man begins slacking off. My mother asked to pick up the pace or he is out. Finally she fires Hom for not doing his job. She goes to the dept of labor to present her case and she is told that she has to pay him ~DR$16k. She argues that the man is not doing what he was hired to do. The is the law you must pay him they told her. When I questioned her what's the deal with that she told me that if an employee is employed for more than 3 months he is entitled to this and that plus this and that... That's the law and as result small businesses are letting employees go before the 3 months are up.

    Pero que abuso... How is the economy suppose to improve? How is the small business man suppose to make it?

  2. #2
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    Quote Originally Posted by pgolivares View Post
    My mother hired a man back in October/2013. The 1st 3 months the man is doing his job. Since comes February:2014 the man begins slacking off. My mother asked to pick up the pace or he is out. Finally she fires Hom for not doing his job. She goes to the dept of labor to present her case and she is told that she has to pay him ~DR$16k. She argues that the man is not doing what he was hired to do. The is the law you must pay him they told her. When I questioned her what's the deal with that she told me that if an employee is employed for more than 3 months he is entitled to this and that plus this and that... That's the law and as result small businesses are letting employees go before the 3 months are up.

    Pero que abuso... How is the economy suppose to improve? How is the small business man suppose to make it?
    Fire somebody before the 90 day probation ends. Businesses know that, or should.

    But it is a problem because workers know that, too, and give you 90 good days.

    But by documenting the failings and making a report to the labor office each time, you can build a file that lets you discharge with less payment. Some things can't be avoided, like vacation days not taken.

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  4. #3
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    that number is steep. how much was she paying this man per month? i just let someone go who was with us for about two years and we were required to pay about 24,000 pesos.

    Also, liquidation pay does not apply to domestic workers.

  5. #4
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    It probably includes pre-Aviso (2 weeks) and 13th month portion.

    Firing someone for 'not doing his job fast enough' is way to vague to get away with without paying severance pay.

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  7. #5
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    Maybe I am wrong, but the dept of labor has no enforcement power. If the company refuses to pay what the liquidation is or wants to pay less, the worker must hire a lawyer and sue the company. I had a friend go through this.

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  9. #6
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    Quote Originally Posted by vida View Post
    Maybe I am wrong, but the dept of labor has no enforcement power. If the company refuses to pay what the liquidation is or wants to pay less, the worker must hire a lawyer and sue the company. I had a friend go through this.
    Enough lawyers who will take a labor case for a %

  10. #7
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    Quote Originally Posted by vida View Post
    Maybe I am wrong, but the dept of labor has no enforcement power. If the company refuses to pay what the liquidation is or wants to pay less, the worker must hire a lawyer and sue the company. I had a friend go through this.
    Many will do this, I hear about workers suing for money a lot and these are idiots who stole form their employer and still win!

  11. #8
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    Default They Take Away Their Work.

    Quote Originally Posted by Harleysrock View Post
    ... I hear about workers suing for money a lot and these are idiots who stole form their employer and still win!
    In my early DR years (mid 90's) I had that experience, too.

    Furthermore, they reported late, went early, stole farm produce and went home with small chickens under their hat... The longer we employed them the more they stole and slept in the shade.
    Never was the labour office impressed by that attitude and wanted us to pay anyway.

    Now, for some years we have had Haitian workers.
    They are punctual, work very well (without supervision), do not steal from us and even say 'gracias' when they receive their pay.

    And Dominicans say, Haitians steal their work...

    donP

  12. #9
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    Quote Originally Posted by donP View Post
    In my early DR years (mid 90's) I had that experience, too.

    Furthermore, they reported late, went early, stole farm produce and went home with small chickens under their hat... The longer we employed them the more they stole and slept in the shade.
    Never was the labour office impressed by that attitude and wanted us to pay anyway.

    Now, for some years we have had Haitian workers.
    They are punctual, work very well (without supervision), do not steal from us and even say 'gracias' when they receive their pay.

    And Dominicans say, Haitians steal their work...

    donP
    I don't doubt it. A while ago I remodeled two bathrooms. Had a pile of demolished ceramics on the marquesina. Asked a dominican guy to remove it...he wanted to charge 1000 pesos and when he saw it, he said he needed at least 1500. I went to look for aHaitian guy that guarded a construction site not far from my house. Two guys came and did the job for 600 pesos in total, in about 1 hour.

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  14. #10
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    Default Fair Pay for Good Work

    Quote Originally Posted by Mauricio View Post
    .... Asked a dominican guy to remove it... he said he needed at least 1500. I went to look for aHaitian guy that guarded a construction site not far from my house. Two guys came and did the job for 600 pesos in total, in about 1 hour.
    It is not that we pay the Haitians less, they get the same pay as the Dominicans (and of course, now more than then in the 90's).

    Somehow, I think, that the Haitians feel good receiving a fair pay for their good work, whereas our former workers were always trying to score us off.

    donP

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