Labor law protection

Dr. scott

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May 17, 2005
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Need advise..
An expat was hired by a Puerto Rico firm to work for a Dominican company
His salary was paid outside the dominican to aviod paying Dominican taxes, however this employee was told that all legal requirements of the Dominican were being taken care of by the Dominican company. Now after 5 years of faithful service (in which this employee made millions of dollars for the Dominican Company) the company has cut his salary in half, removed all benifits (ie: insurance, vacation, etc) and was told that if he made waves he would have to pay Dominican taxes. I read somewhere that the former president passed a law that fined Dominican companies 30 times the employee's salary for failing to insure proper documentation. The employee is basically being held prisoner without the benifit of being able to leave the country. What legal protection is there under these circumstances ?
 

Hillbilly

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Jan 1, 2002
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You screwed the DR tax people and now you want

protection from the screwing you are getting from the DR Labor Laws? Man you got balls!

However, it is illegal in the DR to reduce salaries. Get a lawyer, a labor lawyer. I can recommend Milton Ray Guevara or Luis Veras or Julian Serulle...all are good at what they do.

HB :p
 

Dr. scott

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May 17, 2005
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The story actually goes deeper than this. After a check with the goverment agency that controls serverance pay, the guy in question would be eligible for millions of pesos in serverance. The problem however gets deeper, during his employment in the DR, he invested heavily in equipment, furnishings and many other items that would literally take several 40 ft containers to move. All of this is being held by the company as leverage to keep him prisoner.
The company has millions of dollars of assest's in the DR, but is in the process of liquidating.
 

Hillbilly

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Read My Words

GET THE BEST FRIGGIN' LAWYER YOU CAN. ANY OF THE THREE WOULD BE CHOMPING AT THE BIT TO MAKE A FEW MILLION

And there are others. Consult phlaw@verizon.net.do if you want to.

HB :p
 

Fabio J. Guzman

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Jan 1, 2002
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Dominican labor laws are very protective of employees, even those without legal status in the country. He should certainly contact a good labor lawyer. All the ones mentioned by Hillbilly are good.
 

Hillbilly

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Thank you Fabio!

:p:p:p:p

HB :D:D:D

PS: I didn't mention Rafael Alburquerque since he is "otherwise occupied" :D:D
 

Fabio J. Guzman

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Jan 1, 2002
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You're welcome!

Luis Veras and Juli?n Serrulle are both good friends of mine besides being great labor lawyers.

Milton Ray Guevara (ex-Secretary of Labor)and Rafael Alburquerque (presently Vice-president of the DR and also a former Secretary of Labor) should also know a thing or two: they wrote the Dominican Labor Code.
 

Dr. scott

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May 17, 2005
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Clarrification

I should clarrify the earlier post as it may seem that my friend was intentionaly avoiding Dominican Taxes, which is not the case. He has in writting that the Dominican company was to pay the appropriate tax every month, and belived that they were doing so, as he paid a given amount in cash to them every month. However, when they informed him that they were reducing his salary they informed him that he would have to pay the taxes, when he asked what happened to the money he gave them every month, they did not respond. He was paid outside the Dominican to be able to maintain his credit standing and Verifiable income within the U.S. He also paid U.S. taxes on his salary every year.
I hate to see people screwed like this, when in this particular case, every man , woman and child in the Dominican owes this man a heart felt thank you, for the work he has done here.
 

Timex

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May 9, 2002
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I dunno?

He was paid outside the Dominican to be able to maintain his credit standing and Verifiable income within the U.S. He also paid U.S. taxes on his salary every year.

Smart enough to make millions, but got caught in this?????

Also, legally, he was not required to pay taxes, in the U.S. on his 1st 80k of US income. ;)

Once you figure in your Keogh's for another 33k and your normal exclusions, you should be tax free up to around 135k. :D

Some more, some less.

If he did pay taxes, he can get a refund for the last 3 years. :cool:

But he knew that already, or at least his accountant knew that. :glasses:


He has in writting that the Dominican company was to pay the appropriate tax every month, and belived that they were doing so, as he paid a given amount in cash to them every month.
I dunno....
Has it on paper, they are going to pay, then he pay's them every month cash????? :confused:

I am really stoned at this point! :smoke:
I am going to go meditate about this. :cross-eye
Tim H.
 
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Dr. scott

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May 17, 2005
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He didnt get caught at anything, as he has done nothing wrong or illegal. Thats really the problem, my friend is honest to a fault. Since they paid him through a U.S. company, the Dominican company could not deduct the tax, so they figured out for him what the tax would be on his salary and he gave them that amount every month.
In regards to his contract, Yes it does state that the Dominican company was responsible for providing the necessary paper work, and paying taxes for salary received to the goverment. This situation has gone on now for 5 months (him receiving 1/2 salary) the real question here, as I stated in the original post. "Is there a law that states a Dominican company would be fined 30 times the employee's salary for failing to pay Dominican Taxes or to ensure proper documentation" This in my opinon is his only leverage to come to an out of court settlement.
 

Hillbilly

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Jan 1, 2002
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Look

You have been advised:

GET A GOOD LABOR LAWYER!

What don't you understand?

HB :(:(:(
 

Ultrayo

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May 29, 2005
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He shouldn't have to worry about the taxes. His employee was responsible of retaining income taxes, If they didn't retain them they are accountable for their payment.

The severance payments are exempted of most any kind of deductions.

But the best advice is to get a good labor lawyer. The fees they charge are worthwhile to pay in this case. Do not make any moves without a lawyer.
 

Dr. scott

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May 17, 2005
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Phone numbers

Gentlemen

Could you possibly provide phone numbers for any or all of the attorney's you mentioned?

Thanks