Casual Labour

Taylor

Taylor

Buy the ticket, take the ride
Jan 28, 2005
363
74
28
I recently purchased a finca on a river. A few locals come over and take care of the farm. They do some basic farming and building. Initially there were 3, the farmer, his brother and a thrid man from the village.

I pay the farmer for his help a monthly sum of 7000 paysos, and his crew gets 6000. This is what he asked for. I give all cash to the farmer, who handles everything. He is the only person I have ever had comminication with.

The thrid man became a problem. At times he worked hard. Other times he would be drunk. Anyhow, after 5 months he hurt himself at home. It had nothing to do with his work. The farmer asked that we continue to pay him while he healed.

After the 2 months of not returning, (apprently he was healed), the farmer told him that he was no longer needed. He offered him 3 more months salary.

Clearly the thrid man was not happy about losing work. He has a cousin who is a local lawyer, and has apprently asked for 250,000 pesos, and tried to name me on a law suit. Of couse because he does not have my name or anything on me, the name is incorrect on the papers.

I am leaving town for 6 months in 2 months. Should I be concerned about this gong show?
 
B

BushBaby

Silver
Jan 1, 2002
3,829
329
0
79
www.casabush.org
Of COURSE you should be concerned. ANY law suit received from an employee (you were paying the salaries therefore YOU are the employer) should be treated with GREAT concern. Get yourself down to a RELIABLE & Honest lawyer who specialises in worker/employer law.

It seems to me (with the limited information available) that "the Farmer" has spotted some of your weaknesses (TWO months paying 'sick salary' & followed by three months 'liquidacion' seems excessively high to me after just 5 months of employment) so maybe he is allowing the scams to start!! Do NOT trust him just because he is the person who you give the instructions to & handles the payment system to employees, get yourself legal advice ... NOW. ~ Grahame.
 
H

HOWMAR

Silver
Jan 28, 2004
2,624
2
0
BTW Failure to pay wages in the DR is a criminal offense and you can be prevented from leaving the country. Also, no matter how you view the facts, the Labor Department is bound by Law which provides that the interpetation "most favorable to the employee must prevail".
 
B

british bulldog

New member
Jan 21, 2006
221
0
0
HOWMAR,i would have thought the onus was on the farmer;since he was the one who employed the third person,and paid him! /also fired him!
 
H

HOWMAR

Silver
Jan 28, 2004
2,624
2
0
british bulldog said:
HOWMAR,i would have thought the onus was on the farmer;since he was the one who employed the third person,and paid him! /also fired him!
Click to expand...
As I see it, Taylor, the owner of the farm is the employer. The "farmer" will simply say he is the manager working as Taylor's intermediary. The bottom line is the money funnels from Taylor to the disgruntled employee, hard to deny as being an employee-employer relationship. It is not unusual to see a foreman distributing pay to a work crew. Certainly the foreman is not the employer. Especially as the benefit of the labor in this situation is Taylor.
 
B

british bulldog

New member
Jan 21, 2006
221
0
0
It looks like, just another dominican legal (grey) area,typical dominican style; all wanting something for NADA NADA NADA!!!!!!!!!!
 
H

HOWMAR

Silver
Jan 28, 2004
2,624
2
0
What is clear is that the majority of cases which go to the Labor Department are judged in the employees favor. In addition to current damages, they will order payment of salary from the point when pay was stopped until the date the case is finally resolved (It's not unusual to owe an additional year's wages and benefits). In addition, if Taylor is not a Dominican corporation or legal resident, he will have to post a bond to have standing in any court proceeding. The worse case is if the employee's lawyer can prove that wages are being withheld, a criminal complaint can be filed against Taylor and Immigration can prevent his leaving the country until this is resolved. Dominican Labor issues are not childs play, they can get ugly and very costly. He should settle this ASAP.
 
B

british bulldog

New member
Jan 21, 2006
221
0
0
Its clear to me HOWMAR its another dominican ripoff ,scam/stroke call it what you want,im sure theres a scam /stroke,that Taylor,can pull off,to get this sorted out.After all; the guys done nothing wrong,just the greedy, lazy ,dominican man the farmer employed!!!!!!!wanting something for nada.
 
H

HOWMAR

Silver
Jan 28, 2004
2,624
2
0
The bottom line is that Taylor is a non-Dominican, employing Dominican labor to his benefit and ignored the Dominican Labor and Tax code. Even employers who do everything to the letter of the Law can't deal with the System. You and I and everyone else may feel that it isn't fair, but that's the way it is. If he wants to keep his property he had better not ignore this and cunsult an attorney (though he way get screwed by the attorney also).
 
You must log in or register to reply here.
Top Bottom