resigning from my job

sherri

New member
Jan 25, 2006
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I recently returned from Maternity leave to find that my position has been filled by another. The compant demoted me and said i will recieve the same salary. Since then they have been on my case for whatever reason until i finally could not take the stress anymore and resigned. My last day being this friday. I know i am getting my christmas bonus however i was wondering if they need to pay any serverence since it been over a year i am with the company. I think they plan to let me go and re hire me again in january so they can start fresh with me and own me nothing just in case. I know after you give birth there are certain rights but to be honest i dont know them. Can anyone fill me in?

Thanks for any advice
 

bob saunders

Platinum
Jan 1, 2002
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My wife(Dominicana) says you should go to the Labour office. 1. Do you have a contract that is for that specific job. 2. Never quit a job until you find out your rights. Usually there is no severence pay if you quit.
 

sherri

New member
Jan 25, 2006
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..

I pretty sure that in my contract it says what my position is, i remember it says how much im paid monthly. I think I will get my brother in law to help me tomorrow to call the office to see what my rights are before my resignation.
 

BabyBlu

New member
Jan 20, 2004
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From what I understand, it is illegal to fire a woman because she is pregnant or on maternity leave. I think it may be the same as having your position permanetly replaced as well. I don't think they can change your postion without your consent. Also if they were planning on laying you off just to rehire you they would have to pay you a severence. Definetly go to the labour office asap. Good Luck!
 

Ladybird

Bronze
Dec 15, 2003
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If you quit, the labour laws are quite clear, you are still entitled to severance pay, especially in your circumstances. Changing your job position is the same as if they had fired you. You must go to the Ministry if Labour, they are quite fierce on such matters. They cannot lay people off and then rehire you with the intention of beginning anew and trying to avoid payments for time previously served, this is covered by the labour laws and is not allowed. Get a lawyer to go with you to the labour office, it is well worth the 1000 pesos consultation fee. You dont say where you are situated but I have two lawyers that represent my company, they are EXCELLENT, top notch and very honest. They both speak English, one is in SD and the other in POP. Let me know by pm if you want their contact details.
 
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.............. ?
Sep 23, 2002
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There is protection for you in these cases.

I recommend Waskar Marmolejos 1- 809-543-7592, he is in Puerto Plata.

For the record - yes a pregnant woman can be let go - with grounds and with a large payout - I believe it is 5 months salary plus liquidation.

And you can change an employees position but not their salary in a downward direction.
 

sherri

New member
Jan 25, 2006
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I spoke with a lawyer on monday and she told me to go to the Sect...de trabajo(dont know how to spell that correctly) and first they said since you quit we cant do anything. Once i explained how they pretty much forced me to quit..never put in for my insurance on the 15 of november for it to be effective december 1, it showed they had intentions of making me quit since by law its impossible to fire me. So today at 3:30 pm me and the officer are going to my ex-job to see what will be done. I have a lawyer ready to proceed to sue.

I will update as soon as I can. Maybe one day it will help someone else in a similar situation.