Severency pay

B

Bob K

Silver
Aug 16, 2004
2,520
121
63
Ok I have searched and can't find the answer. If a gardener is hired as a temporary worker, works 4 months and a few days and is terminated for lack of work to do, is he legally entitled to severence pay? If so what would this amount be? When he was hired he was told it was a temporary position. He is demanding 10,000RD (over 1.5 months of salary for 4 months of work). I did offer him something just from a moral standpoint, but i certainly was not going to pay him 10,000RD.

Thanks

Bob K
 
R

Rocky

Honorificabilitudinitatibus
Apr 4, 2002
13,993
208
0
111
www.rockysbar.com
Bob K said:
Ok I have searched and can't find the answer. If a gardener is hired as a temporary worker, works 4 months and a few days and is terminated for lack of work to do, is he legally entitled to severence pay? If so what would this amount be? When he was hired he was told it was a temporary position. He is demanding 10,000RD (over 1.5 months of salary for 4 months of work). I did offer him something just from a moral standpoint, but i certainly was not going to pay him 10,000RD.

Thanks

Bob K
Click to expand...
Bob,
I cannot speak of the legitimacy of his claim, as he might not be eligible as a gardener.
Fabio Guzman could give you the legal reply to that.
As for what would be due, if he has a valid claim, it would be the following.
4/12 of a month's salary for Regalia Pascuale.
2/12 of a month's salary for vacation pay.
2 weeks notice with pay.
 
SantiagoDR

SantiagoDR

The "REAL" SantiagoDR
Jan 12, 2006
5,813
950
113
From reading other posts on this subject here on DR1, this could get ugly.

I know I learned a lot, I will only hire someone by the day, and probably a non-Dominican, just to avoid what is happening to you now.

Do a search, you will see how ugly this has gotten for other DR1,ers..
(I saw where you did a search, I don't know what words to use in a search for this subject, but there are some stories about this)
 
R

Rocky

Honorificabilitudinitatibus
Apr 4, 2002
13,993
208
0
111
www.rockysbar.com
SantiagoDR said:
From reading other posts on this subject here on DR1, this could get ugly.

I know I learned a lot, I will only hire someone by the day, and probably a non-Dominican, just to avoid what is happening to you now.

Do a search, you will see how ugly this has gotten for other DR1,ers..
(I saw where you did a search, I don't know what words to use in a search for this subject, but there are some stories about this)
Click to expand...
It's not a complicated issue.
If BobK intends on paying liquidacion, he need only pay the appropriate amount, and get a signed receipt.
If the person is not satisfied and he goes to complain to La Secretaria, and Bob has paid the correct amount, that's the end of that.
If the law stipulates that he need not pay liquidacion to a gardener, and the gardener kicks up a stink, suggest to him that you will pay for a lawyer to resolve it, then go to the lawyer who will explain to the gardener that he is not entitled.
If the gardener doesn't like the decision or results and threatens to cause Bob problems, then and only then should he decide if he wants to take on the battle or simply pay up, justified or not.
 
SantiagoDR

SantiagoDR

The "REAL" SantiagoDR
Jan 12, 2006
5,813
950
113
Yes Rocky, I understand that.

I seem to recall that it got out-of-hand with an ex-pat out in the country who ended up deceased. Something about the hired help getting drunk, etc. and then being fired.

Perhaps you remember the thread?

I'm glad you posted back, so the OP now should know some of the possible dangers involved dealing with the gardener, who seems intent to make an issue of the matter.
 
R

Rocky

Honorificabilitudinitatibus
Apr 4, 2002
13,993
208
0
111
www.rockysbar.com
SantiagoDR said:
Yes Rocky, I understand that.

I seem to recall that it got out-of-hand with an ex-pat out in the country who ended up deceased. Something about the hired help getting drunk, etc. and then being fired.

Perhaps you remember the thread?

I'm glad you posted back, so the OP now should know some of the possible dangers involved dealing with the gardener, who seems intent to make an issue of the matter.
Click to expand...
Absolutely there can be dangers, anytime a Dominican feels you have cheated him.
That's why it's important to follow the correct procedures to try and avoid any future problems, and then if there isn't a consensus between all parties, decide the value of refusing to pay, weighed against the risks.
I don't remember the thread in question, but I do know of the dangers, and have been on the receiving end of threats, etc.
Bob will have to make up his own mind, if it comes to that.
Normally, if you are following the legal course, there should be a way of proving that to the ex-employee and diffuse the situation.
 
R

Richard Edwards

New member
May 14, 2006
89
0
0
Severance Pay

1. Go to your local Secretaria de Estado de Trabajo office.
2. Talk to the Lic. and ask them about your case, giving him/her start and end of worker's date of employment.
3. The Lic. will enter the dates in his computer program and will figure out how much you owe him. The Lic. will give you a printout of the result.
4. Write a letter to the employee stating you have his money and you are waiting for him to pick it up. Have this letter stamped by the office of the Secretaria de Estado de Trabajo and give them a copy for the record.
5. He's got 2 month to claim his money.
6. You got 10 days to pay him, if the case merits payment, or after that period of time he can bring a lawsuit against you: you lose!
7. Make sure you meet the worker at the Secretaria de Estado de Trabajo office where you will pay him in front of the Lic. and make him sign a receipt. The Lic. can write out the receipt for you.
8. Pay the man and get it over with.
9. Don't make the same mistake again! Get rid of the next SOB before the third month of employment!
 
R

Rocky

Honorificabilitudinitatibus
Apr 4, 2002
13,993
208
0
111
www.rockysbar.com
Richard Edwards said:
1. Go to your local Secretaria de Estado de Trabajo office.
2. Talk to the Lic. and ask them about your case, giving him/her start and end of worker's date of employment.
3. The Lic. will enter the dates in his computer program and will figure out how much you owe him. The Lic. will give you a printout of the result.
4. Write a letter to the employee stating you have his money and you are waiting for him to pick it up. Have this letter stamped by the office of the Secretaria de Estado de Trabajo and give them a copy for the record.
5. He's got 2 month to claim his money.
6. You got 10 days to pay him, if the case merits payment, or after that period of time he can bring a lawsuit against you: you lose!
7. Make sure you meet the worker at the Secretaria de Estado de Trabajo office where you will pay him in front of the Lic. and make him sign a receipt. The Lic. can write out the receipt for you.
8. Pay the man and get it over with.
9. Don't make the same mistake again! Get rid of the next SOB before the third month of employment!
Click to expand...
If I may.
I would never do that, unless I had a definitive calculation from my lawyer/accountant, before going there.
Those folks at the Secretaria will screw you blind, just as soon as look at you.
 
B

BushBaby

Silver
Jan 1, 2002
3,829
329
0
79
www.casabush.org
SantiagoDR said:
http://www.dr1.com/forums/living/55205-my-father-murdered-today.html

http://www.dr1.com/forums/legal/51174-very-dangerous-troublesom-x-employee.html


Just trying to be helpful and let the OP read other posts about this subject, as he said he could not find any. An ounce of prevention perhaps?
Click to expand...
Just to set the record straight, it is HIGHLY unlikely that the employee in this instance was directly involved with Lloyds murder. True the employees discontent with Lloyd may have given cause/excuse for the murder to be effected, but I do not believe the employee was the one who took the action.

There were many other contributing circumstances at the time & even more serious problems Lloyd had not seen & addressed prior to his murder. He was a GOOD man with every bone in his body & sometimes could not see the much bigger picture & the waves he was causing by trying to do good for his community!

Now, back to the main question of the OP ........ I would go with Richard Edwards' action but (as Rocky suggested) take a lawyer in tow at the same time!! ~ Grahame.
 
L

london777

Bronze
Dec 22, 2005
786
29
28
May I ask a couple of more general but related questions?

Richard Edwards said:
Don't make the same mistake again! Get rid of the next SOB before the third month of employment!
Click to expand...
May I infer from this that liquidaci?n is not payable to those working for less than two full months?

BushBaby said:
I would go with Richard Edwards' action but (as Rocky suggested) take a lawyer in tow at the same time!
Click to expand...
Would this not total more than paying the man the RD$10,000 he originally demanded?
 
B

Bob K

Silver
Aug 16, 2004
2,520
121
63
Thanks for all the advice. Our lawyer seems to feel that he is due some liquidation and is using the government formula. The gardener will meet at her office sign a receipt and be paid his severence. End of story, but wish i had gotten rid of him before the three months were up

Bob K
 
R

Rocky

Honorificabilitudinitatibus
Apr 4, 2002
13,993
208
0
111
www.rockysbar.com
london777 said:
May I ask a couple of more general but related questions?


May I infer from this that liquidaci?n is not payable to those working for less than two full months?


Would this not total more than paying the man the RD$10,000 he originally demanded?
Click to expand...
The law says that an employee becomes eligible for benefits at 3 months.
Bringing a lawyer with you, clearly could be quite costly, but could serve you well against bigger claims.
Personally, I prefer simply consulting my lawyer.
For 500 pesos I can have a notarized document of the calculations made for a given employee.
The tiguere lawyers at La Secretaria can squawk all they want, I just sit there as calm as can be, and don't debate the point, other than saying.
"Hey, all I want to do is pay the legal amount owed, and there it is on the notarized document.
Is he going to accept it or not?"
Eventually, they will take it.
How can they refuse?
How can they try to take you to court?
What would they accuse you of?
Trying to pay the legal amount due?
 
R

Rocky

Honorificabilitudinitatibus
Apr 4, 2002
13,993
208
0
111
www.rockysbar.com
Bob K said:
Thanks for all the advice. Our lawyer seems to feel that he is due some liquidation and is using the government formula. The gardener will meet at her office sign a receipt and be paid his severence. End of story, but wish i had gotten rid of him before the three months were up

Bob K
Click to expand...
That's the way to do it.
As unpleasant as it might be, and as undeserving as the ex-employee might be, it's still the wise thing to do.
The lawyer tells you how much, you get a signed receipt from the ex-employee, end of story.
 
SantiagoDR

SantiagoDR

The "REAL" SantiagoDR
Jan 12, 2006
5,813
950
113
BushBaby said:
Just to set the record straight ....
Click to expand...

Yes Grahame, Just to set the record straight....

The point was to show the OP, that dealing with these kind of people can be quite a problem, even if in the aforementioned post the ex-employee was or was not the culprit of the murder. The two threads were related and thus showed the entire story of what happened to the gentleman. Showing that being nice as a gringo/expat can lead to problems here in the DR.

Perhaps the OP appreciated reading how bad it can get dealing with ex-employees as far as their demands are concerned.

Thanks for your 2 cents worth BushBaby....
 
You must log in or register to reply here.
Top Bottom