Guzman 80 page Investors Guide-Employee Rights

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kenshireen

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I just received a very informative 80 page PDF file from Guzman which covers a myriad of Dominican Laws.
Section V111 addresses Labor and Employment Laws.

I crawled through this and would like some opinion on what I gleaned from this and how it relates to the rights of my GF who works in a Hotel.

1-It states every employee is entitled to a "Christmas Salary" equal to 1/12 of annual play.
2-Also there are laws about overtime. (anything beyond 44 hours weekly)
3-Wroking hours being between 7AM and 9 PM
4-Vacation 14 days after one year

Well, here is my GF situation.
1-She never received a Christmas Salary
2-There are days that she works from 7-11 and then comes back the same day and works 6-11 at night. That is 9 hours and also after 9 PM
3-She has worked beyond 2 years and has not gotten a day vacation.
4-She works 12 days in a row and gets 3 days free
5-When she goes to the doctor they take the day away from her 3 days free

Any recourse?
 
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SKY

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kenshireen said:
Are you being sarcastic,? I don't want to get her fired
Click to expand...
You are dead wrong. The first thing ANY Dominican does if a hotel screws with them is EXACTLY what Windy said. And they ALWAYS win with NO reprisals.............By the way I don't really believe she has not got the XMAS bonus working in a hotel in Cap Cana. It is not possible............
 
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keepcoming

keepcoming

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I think Ken you said your girlfriend worked at Secrets Cap Cana? I would find it extremely unlikely that she received no Christmas Bonus/Salary. I would seriously doubt the hotel/corporation would put themselves in that position with any employee. I think every employee in the DR knows the ins/outs of the labor laws.
 
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scotia

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I just read your GF's situation to my Dominican husband. He was smiling and said "she's lying". We have many friends and family who work in hotels and everyone gets their Christmas bonus, everyone gets vacation. I'm curious to hear what's happening after you've been there for a month or two.
 
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CristoRey

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I know people working in a Zona Franca who were having all types of labor law issues with their employer so they went to the office of the Labor Secretaria more than once and nothing happened. This went on for months. Corruption, bribes and connections are far more important down here than laws will ever be.
 
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JD Jones

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CristoRey said:
I know people working in a Zona Franca who were having all types of labor law issues with their employer so they went to the office of the Labor Secretaria more than once and nothing happened. This went on for months. Corruption, bribes and connections are far more important down here than laws will ever be.
Click to expand...
The Ministerio de Trabajo doesn't really do much until a person is terminated; that's when they drop into high gear.

As a manager in free zone companies for many years (50+) it was always easier to pay an employee than have an issue with them.
 
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Yourmaninvegas

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@kenshireen remember this is a forum for opinions (mostly)

None of the people speaking about your girlfriends situation are:
Labor law attorneys in the Dominican Republic
Attorneys in the Dominican Republic
Most don't have any experience with labor law in the Dominican Republic.
The ones that do have not basis in fact to disagree with what you are being told.

The possibility does exist that your girlfriend is not giving your the entire truth.
This is a possibility that you should prepare yourself for.
You need to find out if there is a specific reason why she has chosen to take the abuse instead of pursing her legal options.
 
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bob saunders

bob saunders

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Yourmaninvegas said:
@kenshireen remember this is a forum for opinions (mostly)

None of the people speaking about your girlfriends situation are:
Labor law attorneys in the Dominican Republic
Attorneys in the Dominican Republic
Most don't have any experience with labor law in the Dominican Republic.
The ones that do have not basis in fact to disagree with what you are being told.

The possibility does exist that your girlfriend is not giving your the entire truth.
This is a possibility that you should prepare yourself for.
You need to find out if there is a specific reason why she has chosen to take the abuse instead of pursing her legal options.
Click to expand...
Actually, many people on here, including those commenting employ Dominicans and know quite a bit about Dominican labor laws. Your last three sentences I agree with.
 
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Yourmaninvegas

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bob saunders said:
Actually, many people on here, including those commenting employ Dominicans and know quite a bit about Dominican labor laws.
Click to expand...
Who are the attorneys?
English lesson...
"Many people on here"
How many?
How many is many?
"Most do not have any experience"
You do understand that most of something is a simple majority 51%
bob saunders said:
Your last three sentences I agree with.
Click to expand...
A rare point of agreement.
Mark it on the calendar people.

Post #13 has more elements that are likely to be true than not.
But neither you nor anyone else have present a fact to invalidate my opinon.
When you do...I will change my opinion.

Ace
(insert my "120 MPH flat serve up the T" here)
 
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bob saunders

bob saunders

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Yourmaninvegas said:
Who are the attorneys?
English lesson...
"Many people on here"
How many?
How many is many?
"Most do not have any experience"
You do understand that most of something is a simple majority 51%

A rare point of agreement.
Mark it on the calendar people.

Post #13 has more elements that are likely to be true than not.
But neither you nor anyone else have present a fact to invalidate my opinon.
When you do...I will change my opinion.

Ace
(insert my "120 MPH flat serve up the T" here)
Click to expand...
Do you have any facts to validate your opinion?
 
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Yourmaninvegas

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bob saunders said:
Do you have any facts to validate your opinion?
Click to expand...
It is a fact that there is no one admitted to the bar here in the Dominican Republic posting in this thread.
If I am wrong please correct me.
SKY said:
No facts necessary. Opinions are like axxholes everyone has one.
Click to expand...
Isn't you who said that I have an opinion on everything and know nothing?

That was your opinion...right.
SKY said:
By the way as a former GM in the largest casino in Punta Cana with hundreds of people working I learned a bit about labor laws in the DR..............
Click to expand...
I have an attorney to advise me when I have a question about Dominican Law.
When my attorney is not an expert on the area of law that my question covers, one with the expertise is found.
This arrangement has served me well.
It allows me to "know nothing" because I surround myself with people who know what I do not.
The main exception to this is when I post on DR1 (insert the "laughing" emoji here)

@bob saunders why didn't you ask @SKY if he had any facts to validate his opinion in post #4
Or is he a person you believe knows everything about everything?
 
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bob saunders

bob saunders

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Yourmaninvegas said:
It is a fact that there is no one admitted to the bar here in the Dominican Republic posting in this thread.
If I am wrong please correct me.

Isn't you who said that I have an opinion on everything and know nothing?

That was your opinion...right.

I have an attorney to advise me when I have a question about Dominican Law.
When my attorney is not an expert on the area of law that my question covers, one with the expertise is found.
This arrangement has served me well.
It allows me to "know nothing" because I surround myself with people who know what I do not.
The main exception to this is when I post on DR1 (insert the "laughing" emoji here)

@bob saunders why didn't you ask @SKY if he had any facts to validate his opinion in post #4
Or is he a person you believe knows everything about everything?
Click to expand...
Because you are a Nit that likes to pick.
 
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