Severence pay for gardener

Bungle

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Oct 9, 2003
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I have done an extensive search on this topic and cannot find the information I am looking for.

Our gardener gave us one weeks notice as he had secured another position closer to his home - he worked for us for just over 6 months. We offered him more money to stay as he is very skilled and speaks fluent English, but he declined - (his new salary will be $12,000 RD per month - we couldn't pay him this to be a gardener at our private house).

He is now asking for liquidation money, plus holiday money and vacation money. I have agreed to pay the holiday and vacation money owed, but am not clear whether or not we need to pay him any liquidation as he left of his own accord. There were no disputes and he was very happy working here, so we didn't 'force' him to leave at all.

I would be grateful for any advice on this matter.
 

Ken

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Jan 1, 2002
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Fabio Guzman will give you the final answer, but I agree with you that he is not entitled to severance since he is resigning to accept another, better-paying position after only 6 months employment with you.
 

Hillbilly

Moderator
Jan 1, 2002
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If he was a gardner and you paid him in cash

Tell him thank you very much and have him sign a paper that says that he is leaving of his own free will and that you paid him on time each month.

he does not get any severance. He probably does not get anything ele either...We'll wait for Word from on High, from Fabio.

HB
 

Rocky

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Apr 4, 2002
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Liquidacion

Severance pay, "liquidacion" was designed to protect workers who are unjustly dismissed from their jobs, as long as they have been in your employ for over three months.
Liquidacion is not applicable to those who leave of their own free will.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Severance pay is due only in the following cases:

a) termination without cause ("desahucio"): the employer just decides to get rid of the employee because he wants to.

b) termination with cause ("despido"): the employer fires the employee alleging that the latter has done something wrong but cannot prove it in court.

c) termination by the employee for cause ("dimisi?n justificada"): the employee quits because the employer has done something wrong and proves it in court.

However, even workers who leave just because they want, as in the case of the gardener in question, have the right to receive their holiday compensation (if they have not taken their vacation by the time they quit) and a proportional amount of the Christmas bonus.