Terminating Employment and Liquidation

MommC

On Vacation!
Mar 2, 2002
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dr1.com
Without excess detail...we have an administrator (part-time,he works in another capacity elsewhere) for our condo complex who is not doing his job. He recently did not show up at the complex for over 7 days. when he did finally appear, said he had been ill however people had seen him at his "other" job. He's also been seen removing condominium property for his own use (although he insists it must have been some of the tradesmen who do repairs & maintenance on the building)
We've decided to give him notice (actually have done so) to terminate his employment.
Is he entitled to liquidation?
 

Jane J.

ditz
Jan 3, 2002
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He'll be entitled to his regal?a and vacation pay, relative to the number of months worked. But no cesant?a or preaviso. And I think it's always proper to give warnings before final notices, for your own protection.
 

John El ?nico

New member
Jan 9, 2002
136
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if you fired him you will have to pay cesantia and preaviso plus vacation and regalia.
Normally in these case what you have to do is to send a letter to Secretaria de Trabajo telling them that this guy is not showing at his job. you have to do it everyday. after he has 2 or more absence in a month you have the right to fire him. in these case you dont have to pay cesantia neither preaviso.
if you have not done this. you are in trouble. you dont have any proof that he is not showing at work.
He will look for a cheap lawyer (abogado de quinta categoria) and they will sue you. in this case you will have to hire a lawyer to defend you and go to court. this will be very expensive for you.
Here, what i always do in this case. I talk with the employee and we agree the amount to pay. I take him to my lawyer and make him to sign. after the agreement is signed he has not more chances to sue you.
good luck.
 

Drake

Bronze
Jan 1, 2002
667
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What you have to pay him!

Check this site http://www.set.gov.do/main/calculo.htm If you fill out the form it will tell you how much you have to pay him.

If you can prove outrightly that he was stealing then you could denounce him to the police and scare him into accepting a lesser settlement. Make sure that he signs a terminito document that restricts him from coming back later looking for more money when you eventually get rid of him. Try and find a cheap labour lawyer.

Good luck