Employers violating human rights in this country - need lawyer to help friend

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Apr 20, 2013
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Many many employers in this country are violating human rights by mandating vaccines on their employees and most employees are submitting and taking those injections when they don't even want them. This is extremely disturbing I must say. The Ministerio de Trabajo passed a law last week that says it is illegal for employers to mandate vaccines and the next day the news site ElNuevoDiaro changed what they originally posted about the law so that it became unclear on if it was approved, purely to confuse the people so that they go and take the injections. All of this is extremely bad and actions must be taken against these employers who do not believe in human rights.

If anyone knows a lawyer who is actively threatening and suing employers who are doing this please let me know.

Below I posted the original post from ElNuevoDiaro which is still showing in the search engine results, and also what the page reflects now after they changed it the very next day after posting.

s4vLTy7.jpg


5CHWFlJ.jpg
 

CristoRey

Silver
Apr 1, 2014
8,085
4,094
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Take a number.
Get in line.
Many foreign owned factories in the Zona Franca's have
already made their employees take the jab and from what
I've been told, those same employers violating human rights
and breaking employment laws is the norm as they simply
pay-off the office handling the complaints.
 
Apr 20, 2013
40
2
8
Take a number.
Get in line.
Many foreign owned factories in the Zona Franca's have
already made their employees take the jab and from what
I've been told, those same employers violating human rights
and breaking employment laws is the norm as they simply
pay-off the office handling the complaints.
No you can threaten these small business owners with a letter from a lawyer and they will change their tune.
 

bob saunders

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Jan 1, 2002
29,411
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113
dr1.com
So you forced people to guinea pig on some experimental vaccine, from China of all places? Sweet.
Actual the Sinovac was actually a joint Canadian/China project until China refused to supply the Canadians with the raw materials promised. If I am a guinea Pig it doesn't bother me that others are as well. It is a traditional vaccine, not really an experimental thing.
 
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CristoRey

Silver
Apr 1, 2014
8,085
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Actual the Sinovac was actually a joint Canadian/China project until China refused to supply the Canadians with the raw materials promised. If I am a guinea Pig it doesn't bother me that others are as well. It is a traditional vaccine, not really an experimental thing.

This from a guy who works/ runs an education facility.
That's like me saying if I get sick from Covid, it doesn't bother
me that others do as well. Sounds rather selfish.
 

windeguy

Platinum
Jul 10, 2004
37,084
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Good luck with those lawsuits. It may be they have no legal legs to stand on. Time will tell:

La República Wednesday, June 9, 2021​

Interactions
Mail

COLLABORATION​

The vaccine card generates controversy​



WASHINGTON GONZÁLEZ

The pandemic has unleashed a discussion between employers, workers and administrative labor authorities in which they wonder if it is possible that the employer requires the worker to undergo the Covid-19 test and vaccine and what would be the consequences of the worker's refusal .
The Constitution of the Dominican Republic, the Labor Code, the constant jurisprudence of the Supreme Court of Justice and the Constitutional Court leave no doubts that cannot be interpreted by a jurist knowledgeable about labor law and quickly articles 44, 46 and 88 give answers to the questions, in this sense it is an obligation of the worker to undergo a medical examination at the request of the employer to verify that he or she does not suffer from an infectious contagious disease.
It is the employer's obligation to maintain the factory, the office and other places where the work must be carried out in the conditions required by the health regulations and to provide free preventive drugs indicated by the health authorities in the event of epidemic diseases, covering the costs of the examination or examination. vaccine.
Article 7 of the Regulations for the application of the Labor Code considers this refusal as a serious breach of the obligations of the employment contract, also typified as a cause of dismissal by paragraph 19 of article 88 of the Labor Code, which can be used by the employer to terminate the employment contract by dismissal or the worker in case the employer does not take such measures, to terminate the contract by resignation.
What would be the consequences if the worker refuses the medical examination against COVI-19?
The employer could terminate the employment contract by dismissing the worker with just cause, by compromising the worker through recklessness or inexcusable carelessness the safety of the company's workplace or the people who are there, and by refusing the worker to adopt preventive measures and not following the procedures indicated by the competent authorities or the employer.
If the court declares the justified dismissal, the worker does not receive the compensation that in the street is called liquidation or labor benefits (notice and unemployment assistance); however the big question would be:
Will the worker be obliged to be vaccinated at the request of the employer?
Undoubtedly, not being vaccinated at the request of the employer and under the suggestions of the health authorities would run the same consequences of justified dismissal, under the premise that this worker endangers the health and his life, that of his co-workers and all the company, article 88 in numeral 15 of the Labor Code clearly establishes that it is cause for dismissal when the worker refuses to take preventive measures or follow the procedures indicated by the competent authorities or employers that avoid diseases.
It is a commitment and a legal obligation for the worker and the employer under the existence of a pandemic that can affect collective fundamental rights (general public order is imposed on private public order) to take all preventive measures that can avoid illness or disease. death of workers by Covid-19, the vaccine beyond a duty is an obligation (see articles 42 and 74 of the Constitution and articles 44, 46 and 88 of the Labor Code and 7 of Regulation 258-93).








 
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windeguy

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Jul 10, 2004
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And the Senate of the DR just proposed vaccines be mandatory to enter public spaces and private businesses.
Not signed into law yet, but the government has stated it wants EVERYONE to be vaccinated.

So that anti-vaxxer lawsuit is going to be a tough one, indeed.
 

CristoRey

Silver
Apr 1, 2014
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And the Senate of the DR just proposed vaccines be mandatory to enter public spaces and private businesses.
Not signed into law yet, but the government has stated it wants EVERYONE to be vaccinated.

So that anti-vaxxer lawsuit is going to be a tough one, indeed.
At the end of the day it's their country and they will run it how they see fit...
for better or worse.
 

melphis

Living my Dream
Apr 18, 2013
2,851
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As I and many others have said here countless times, " if you do not like it here you are free to leave".
This is not the US, Canada, Britain, Germany, etc, etc.
Don't like the laws here go home. Think about why you came here in the first place. Because they don't put up with the bullshit that the so called developed countries do.
Don't let the door slam your ass on the way out.
 

Lobo Tropical

Silver
Aug 21, 2010
3,507
508
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Many many employers in this country are violating human rights by mandating vaccines on their employees and most employees are submitting and taking those injections when they don't even want them. This is extremely disturbing I must say. The Ministerio de Trabajo passed a law last week that says it is illegal for employers to mandate vaccines and the next day the news site ElNuevoDiaro changed what they originally posted about the law so that it became unclear on if it was approved, purely to confuse the people so that they go and take the injections. All of this is extremely bad and actions must be taken against these employers who do not believe in human rights.

If anyone knows a lawyer who is actively threatening and suing employers who are doing this please let me know.

Below I posted the original post from ElNuevoDiaro which is still showing in the search engine results, and also what the page reflects now after they changed it the very next day after posting.

s4vLTy7.jpg


5CHWFlJ.jpg
Tranquillo dude,
You go ahead and get your lawyer to fight gob.do
There should be no difficulty to find a lawyer you consider competent!

In case you don't read Spanish I/google translated for you.

The pandemic has unleashed a discussion between employers, workers and administrative labor authorities in which they wonder if it is possible that the employer requires the worker to undergo the Covid-19 test and vaccine and what would be the consequences of the worker's refusal .

The Constitution of the Dominican Republic, the Labor Code, the constant jurisprudence of the Supreme Court of Justice and the Constitutional Court leave no doubts that cannot be interpreted by a jurist knowledgeable about labor law and quickly articles 44, 46 and 88 give answers to the questions, in this sense it is an obligation of the worker to undergo a medical examination at the request of the employer to verify that he does not suffer from an infectious contagious disease.

It is the employer's obligation to maintain the factory, the office and other places where the work must be carried out under the conditions required by the health regulations and to provide free preventive drugs indicated by the health authorities in the event of epidemic diseases, covering the costs of the examination or examination. vaccine.

El artículo 7 del Reglamento para la aplicación del Código de Trabajo considera esta negativa como falta grave a las obligaciones del contrato de trabajo tipificada también como una causa de despido por el numeral 19 del artículo 88 del Código de Trabajo, que puede ser utilizada por el empleador para terminar el contrato de trabajo por despido o el trabajador en caso de que el empleador no tome esas medidas, para terminar el contrato por dimisión.

¿Cuáles serían las consecuencias si el trabajador se niega al examen médico contra el COVI-19?
El empleador podría terminar el contrato de trabajo despidiendo al trabajador con justa causa, al comprometer el trabajador por imprudencia o descuido inexcusable la seguridad del centro de trabajo de la empresa o las personas que allí se encuentren y por negarse el trabajador a adoptar las medidas preventivas y no seguir los procedimientos indicados por las autoridades competentes o el empleador.

Si el tribunal declara el despido justificado el trabajador no recibe las indemnizaciones que en la calle se les denomina liquidación o prestaciones laborales (preaviso y auxilio de cesantía); sin embargo la gran pregunta sería:

¿Estará en la obligación el trabajador de vacunarse a solicitud del empleador?
Sin duda alguna, no vacunarse a petición del empleador y bajo las sugerencias de las autoridades sanitarias correría las mismas consecuencias del despido justificado, bajo la premisa de que este trabajador pone en riesgo la salud y su vida, la de los compañeros de trabajo y toda la empresa, el artículo 88 en el numeral 15 del Código de Trabajo claramente establece que es causa de despido cuando el trabajador se niega a tomar las medidas preventivas o seguir los procedimientos indicados por las autoridades competentes o los empleadores que eviten enfermedades.

Es un compromiso y una obligación legal para el trabajador y el empleador bajo la existencia de una pandemia que puede afectar los derechos fundamentales colectivos (el orden público general se impone al orden público particular) tomar todas las medidas preventivas que puedan evitar la enfermedad o la muerte de los trabajadores por Covid-19 , la vacuna más alla de un deber es una obligacion (ver artículos 42 y 74 de la Constitución y los artículos 44, 46 y 88 del Código Trabajo y 7 del Reglamento 258-93).

 

Lobo Tropical

Silver
Aug 21, 2010
3,507
508
113
Take a number.
Get in line.
Many foreign owned factories in the Zona Franca's have
already made their employees take the jab and from what
I've been told, those same employers violating human rights
and breaking employment laws is the norm as they simply
pay-off the office handling the complaints.
More opinions, which turn out NOT to be facts.

There is no violation of human rights.
Just a requirement by law.
 
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