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

Status
Not open for further replies.

CristoRey

#TheGoodLife
Apr 1, 2014
7,354
3,460
113
More opinions, which turn out NOT to be facts.

There is no violation of human rights.
Just a requirement by law.
Your opinions are not facts.
I happen to know people in different parts of this country who've either worked or are currently working in Zona Franca, from management down to packager.
The tabacco companies are by far the worst and unless you know something I or the half a dozen people I know with firsthand knowledge do not know...
Your better off trolling me on threads regarding Covid buddy.
 

Lobo Tropical

Silver
Aug 21, 2010
3,383
373
83
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 number 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:
 

CristoRey

#TheGoodLife
Apr 1, 2014
7,354
3,460
113
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 number 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:
A policy/ law like this during a time like this will be abused.
 

Lobo Tropical

Silver
Aug 21, 2010
3,383
373
83
Your opinions are not facts.
I happen to know people in different parts of this country who've either worked or are currently working in Zona Franca, from management down to packager.
The tabacco companies are by far the worst and unless you know something I or the half a dozen people I know with firsthand knowledge do not know...
Your better off trolling me on threads regarding Covid buddy.
It is good to put out facts not opinions.
It is clear that Dominican legislation does give the employer the right and obligation to protect workers and require covid vaccination.

It is a commitment and a legal obligation for the worker and the employer under the existence of a pandemic that can affect the fundamental collective rights (general public order is imposed on private public order) to take all preventive measures that can prevent 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).

An individual does have the right to refuse vaccination.
However individual rights do not supersede the wellbeing of all citizens.
 

Lobo Tropical

Silver
Aug 21, 2010
3,383
373
83
We will not allow any teachers that are not vaccinated to work at the school. Don't like it find another job.
Good on you!
Asides from protecting teachers, young people need to be protected and avoid to become spreaders of covid.
Finally the Minister of Health in the DR also recommends pregnant women in the 2nd&3rd trimester to be vaccinated against covid.
In the advanced world this recommendation is long in effect to protect mother and fetus.

Unfortunately the rumor mills in the barrios are stronger and many refuse to be vaccinated, out of ignorance.

By CNN Staff | June 7, 2021 at 2:49 PM EDT - Updated June 7 at 2:49 PM
(CNN) – New COVID-19 cases continue to go down in the U.S., but top health officials are focusing on another number that’s rising.
A weekly report from the Centers for Disease Control and Prevention shows an increase in the number of youths hospitalized with COVID-19 this spring.
“More concerning were the number of adolescents admitted to the hospital who required treatment in the intensive care unit with mechanical ventilation,” CDC Director Rochelle Walensky said.
The statistics are renewing calls to get shots in the arms of those aged 12 to 17.
 

DR fan1990

Active member
Sep 22, 2020
183
190
43
Canada
How is this legal?? Is the DR a banana republic with no human rights now? Yikes.
This is why I prefer Canadian laws on this Covid vaccine matter. Not all things are glitter in the DR.

Now i hope they won't try to force tourists to get vaccinated as well... If not they can kiss those tourist dollars goodbye.
 
  • Like
Reactions: Garyexpat

johne

Silver
Jun 28, 2003
4,801
1,287
113
Now i hope they won't try to force tourists to get vaccinated as well... If not they can kiss those tourist dollars goodbye.
Really?. You think the majority of tourists would prefer to vacation in a world of carriers and not one that has protection against Covid19? Do you not know the tourist are coming from 1st world countries where the vax numbers of vaccination are high?
 

drstock

Silver
Oct 29, 2010
3,114
657
113
Cabarete
How is this legal?? Is the DR a banana republic with no human rights now? Yikes.
This is why I prefer Canadian laws on this Covid vaccine matter. Not all things are glitter in the DR.
Not such a fan of the DR as you were in 1990, it seems! :giggle:
 

PICHARDO

One Dominican at a time, please!
May 15, 2003
13,222
833
113
Santiago de Los 30 Caballeros
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
 

Attachments

  • 442BD5DA-340E-4B57-92D5-69D2C07A6B5B.jpeg
    442BD5DA-340E-4B57-92D5-69D2C07A6B5B.jpeg
    133.9 KB · Views: 14
  • BD99A415-B48A-4CDB-B89D-C854624CFCF6.jpeg
    BD99A415-B48A-4CDB-B89D-C854624CFCF6.jpeg
    145.5 KB · Views: 14
  • Like
Reactions: Lobo Tropical

DR fan1990

Active member
Sep 22, 2020
183
190
43
Canada
We will not allow any teachers that are not vaccinated to work at the school. Don't like it find another job.
So will you then be held accountable and pay your teachers all liabilities in case one of them has an adverse reaction after YOU forced them to take an experimental Chinese jab to work?
Will you pay up??
 
  • Like
Reactions: Garyexpat

PICHARDO

One Dominican at a time, please!
May 15, 2003
13,222
833
113
Santiago de Los 30 Caballeros
Good on you!
Asides from protecting teachers, young people need to be protected and avoid to become spreaders of covid.
Finally the Minister of Health in the DR also recommends pregnant women in the 2nd&3rd trimester to be vaccinated against covid.
In the advanced world this recommendation is long in effect to protect mother and fetus.

Unfortunately the rumor mills in the barrios are stronger and many refuse to be vaccinated, out of ignorance.

By CNN Staff | June 7, 2021 at 2:49 PM EDT - Updated June 7 at 2:49 PM
(CNN) – New COVID-19 cases continue to go down in the U.S., but top health officials are focusing on another number that’s rising.
A weekly report from the Centers for Disease Control and Prevention shows an increase in the number of youths hospitalized with COVID-19 this spring.
“More concerning were the number of adolescents admitted to the hospital who required treatment in the intensive care unit with mechanical ventilation,” CDC Director Rochelle Walensky said.
The statistics are renewing calls to get shots in the arms of those aged 12 to 17.
 

Attachments

  • DAA0F650-6ED9-4D12-9919-D8F31092D886.jpeg
    DAA0F650-6ED9-4D12-9919-D8F31092D886.jpeg
    111 KB · Views: 19
  • Like
Reactions: Lobo Tropical

Lobo Tropical

Silver
Aug 21, 2010
3,383
373
83
How is this legal?? Is the DR a banana republic with no human rights now? Yikes.
This is why I prefer Canadian laws on this Covid vaccine matter. Not all things are glitter in the DR.

Now i hope they won't try to force tourists to get vaccinated as well... If not they can kiss those tourist dollars goodbye.
In Canada the aim is to have most people vaccinated, with second doses progressing now.
Also in Canada the citizens are participating in high numbers, doing their part in covid immunity for their community.

In BC still no car travel out of your zone till at least June 15.

In the DR even with curfews there is still a lot of freedom.
The DR government is doing what it can to protect citizens at work and in public with vaccinations.
Doses of Pfizer are scheduled to arrive.

In a pandemic the wellbeing of all supersedes individual rights.
There is no gain for Abinader or his government in restricting citizens.
He is doing what governments do in a pandemic.
 

bob saunders

Platinum
Jan 1, 2002
29,011
2,493
113
dr1.com
So will you then be held accountable and pay your teachers all liabilities in case one of them has an adverse reaction after YOU forced them to take an experimental Chinese jab to work?
Will you pay up??
you know anyone that has had a serious adverse reaction. They have a choice take it or work elsewhere.
 
  • Like
Reactions: windeguy

bob saunders

Platinum
Jan 1, 2002
29,011
2,493
113
dr1.com
How many children have died of Covid? I understand your point but please don't try to pretend that Covid is something that affects children because quite clearly it doesn't.
They are less likely to get it and spread it but they do get it, they do spread it and some die.
 

lifeisgreat

Devils playground
May 7, 2016
2,406
575
113
A letter really …you think a letter from Liar , I mean lawyer going to change the opinion on mandatory vaccination a company requires :LOL::LOL::LOL::LOL: oh man thanks for good laugh.. did you ever go to court here and see how 1/2 of lawyers conduct themselves with useless incoherent ramblings and drivel..unless you have money burning hole in your pocket game over …a letter from lawyer here isn’t even worth using as toilet paper.. A good lawyer here is worth his weight in gold and will soak you appropriately..pick and choose your battles this one a loss before it started..
 
  • Love
Reactions: windeguy

windeguy

Platinum
Jul 10, 2004
35,968
2,528
113
People from developed nations that discuss the DR have a skewed version of what "human rights" are.
In the DR, the constitution is not the same as in your home land.

For example, people accused of breaking a serious law are often held for a year in "protective custody" before their trial. There is no "right" to own a firearm, it is a privilege. They are even trying to force people riding motorcycles to have a class 1 license, register the motorcycle and have insurance!!!

And there is no law or item in the constitution preventing the government or an employee from requiring a person to be tested and/or vaccinated for CV19.
Toss in the "Emergency Powers" that the President can request every 45 days and even actual human rights can be violated.

As others have pointed out, this vaccination requirement issue is a moot point in the DR which no lawyer will take one (unless of course you pay him a lot of money up front and then many lawyers would take it) because they have no chance to win it.


Don't like that kind of thing here? You will have to leave. I know people thinking of leaving simply over the new annual gun license renewal. If, I should say when, they are forced to be vaccinated, they are likely to be on the next "cruise ship" out. (I made a joke, it will be an airplane since cruises will require vaccinations and airlines will be OK with negative CV19 tests).
 
  • Like
Reactions: bob saunders
Status
Not open for further replies.