choudini said:
I too would like to see what the laws are for labor here. Waiting for your english language translation Mr Guzman. Thank you for providing this information.
Also can anyone advise me on the process for firing/dismissing a long term employee in mangement position? The grounds would mismanagement.... I am told it is difficult....
What happens if I am unable to pay my employees within the month?
Thank you for your assistance.
If you are asking about payment of salary within 1 month. The answer is the Labor Law requires payment at least monthly. If you fail to pay salary, they will come in and either sieze assets or close you down. If you are referring to payment of liquidation. Liquidation must be paid within 10 days of seveerence. If not, the employee is entitled to his regular pay until liquidation is paid.
The info below is pasted from the Pellerano & Herrera website
www.phlaw.com. in their Executive Summary of Dominican Labor Law. As you will read, any fault that you were aware of with the employee must have been acted upon by you within 15 days or it is excused.
Dismissal undertaking by the employer:
This is the resolution of the work Agreement by the unilateral will of
the employer. It is the right recognized to the employer to rescind the
Agreement when the worker has incurred in serious or inexcusable
fault. It is justified when the employer proves the existence of a just
cause provided for in this regard in the Labor Code. If the employer
proves just cause, he is liberated from the payment of the
indemnifications due to dismissal; otherwise he must pay them as
follows:
? If the Agreement is for an indefinite time, the amounts which
correspond to the time period of the prior notification and
severance assistance;
? If the Agreement is for a particular time or for a particular job or
service, which ever is greater between the total of salaries which
are missing up till the expiration of the term, or until the conclusion
of the service or the job agreed upon, and the sum which he
would have received in the case of dismissal, unless the parties
have fixed a larger sum in writing;
? A sum equal to the salaries which the worker would have received
from the day of his suit until the date of the definitive ruling
pronounced in last instance. It will never exceed six months of
salaries.
The right of the employer to dismiss the worker at fault expires fifteen
(15) days from the date on which the employer has had knowledge of
the fault committed by the worker, therefore if he exercises his right
within this time period, he does not incur in liability.
Within the forty-eight (48) hours of having executed the dismissal, the
employer must notify it to the labor authorities pursuant to the
provisions of article 91 of the Labor Code.
The Labor Code establishes in an unlimited illustrative manner the
reasons arising the dismissal of the worker, which can be classified as
follows:
a) The behavior of worker - serious faults
b) Related to the same person of the worker- ineptitude, lack of
adaptation or impossibility of performing the work assigned to
him, inability, problems in understanding or getting along with his
work companions, absence without permission or authorization.
Dismissal undertaking by the worker:
This is the resolution of the Work Agreement by unilateral will of the
worker. It is justified if the worker proves just cause.
It is considered nonexistent, and therefore does not extinguish the
rights acquired by the worker, when a transfer or change of the worker
to another company, entity, or employer for fraudulent purposes has
been operated. The worker does not incur in liability if his dismissal is
justified.
