RD Social Security

[banzai]

A friend of mine was recently furloughed (along with most of the crew) at the Free Zone Company Gildan
near Santo Domingo. Although they were covered by social security none have received any benefits
from the government. Gildan claims they have nothing further to do with the employees as they have
been paid their suspension and vacation time (if any). My friend has attempted to contact the government
but has not been successful. If anyone on the forum can provide some useful information I will pass it
along. Much appreciated.

 

[El Rey de Mangu]

A friend of mine was recently furloughed (along with most of the crew) at the Free Zone Company Gildan
near Santo Domingo. Although they were covered by social security none have received any benefits
from the government. Gildan claims they have nothing further to do with the employees as they have
been paid their suspension and vacation time (if any). My friend has attempted to contact the government
but has not been successful. If anyone on the forum can provide some useful information I will pass it
along. Much appreciated.

This sounds silly. If you are a Dominican national you simply put a claim in with the MdeT. The decisions Are in favor of the employee 99% of the time. Case closed.

 

[banzai]

This sounds silly. If you are a Dominican national you simply put a claim in with the MdeT. The decisions Are in favor of the employee 99% of the time. Case closed.

I am not a Dominican National, my friend is. Who or What is the " MdeT "? and no, I'm quite positive the situation is NOT silly to my friend.

 

[El Rey de Mangu]

I am not a Dominican National, my friend is. Who or What is the " MdeT "? and no, I'm quite positive the situation is NOT silly to my friend.

It doesn't matter if it's you or just asking for a "friend". If they are Dominican how on Earth does she not know to go to the Ministerio del Trabajo and file a claim? They will provide her a document to deliver to the employer. At any rate, the employer only had 10 days from the termination date to pay any and all comp. If they do not, you go back and place a notification. They will be called in.

The document is not an order or sentencia, but if they miss the 10 day window, then they get a court date

And btw, was she working for at least 3 months

 

[El Rey de Mangu]

Also, you do not collect ss normally. What there is are programs to collect certain funds durning the national emergency if you are laid off for Coby19. This then, in fact, is not an employer issue, the payments come to the employee bank account or tarjeta de Solidaridad if they carry one. This relies on the employer making the correct updates in the TSS system, so either way, the labor ministry would be the place to start. They can provide guidance from there.

Here's a link to the fund

https://www.hacienda.gob.do/consulta-afiliacion-fase/

 

[carlos]

Moved this to Legal.

Good luck to your friend.

 

[bob saunders]

It would depend on whether they were terminated or placed on a 90 day suspension. Both require the employer to contact the ministry of labor. With termination the employer pays the vacation pay and severance and then they are out of the picture. There is no longer any connection between the employer and now ex employee. If it was a 90 day suspension then the government should have been, for three months under the emergency policy been paying the employee 8000 pesos per month. What happens after the 90 days I don't know.

 

[banzai]

It would depend on whether they were terminated or placed on a 90 day suspension. Both require the employer to contact the ministry of labor. With termination the employer pays the vacation pay and severance and then they are out of the picture. There is no longer any connection between the employer and now ex employee. If it was a 90 day suspension then the government should have been, for three months under the emergency policy been paying the employee 8000 pesos per month. What happens after the 90 days I don't know.

under the FASE program the employer receives a sum of money for each terminated employee (due to covid pandemic) which in turn is supposed to be direct deposited to the employee. at least, this was the way it was explained to my friend. In any event, it hasn't happened yet. Investigation continues.

 

[bob saunders]

under the FASE program the employer receives a sum of money for each terminated employee (due to covid pandemic) which in turn is supposed to be direct deposited to the employee. at least, this was the way it was explained to my friend. In any event, it hasn't happened yet. Investigation continues.

The government direct deposits into the employees banch account. The employers receives no money from the government, just isn't obligated to pay the employee his salary under FASE. We chose not to lay off or terminate employees so we still pay their salary minus the amount the government gives them and this amount varies according to their salary. There is a maximum the government will pay out but this is a big help when you have no paying customers.

 

[GusFring]

This is a thread about social security?

Retirement?

 

[bob saunders]

This is a thread about social security?

Retirement?

Social security is also employment payments.

 

[Aguaita29]

under the FASE program the employer receives a sum of money for each terminated employee (due to covid pandemic) which in turn is supposed to be direct deposited to the employee. at least, this was the way it was explained to my friend. In any event, it hasn't happened yet. Investigation continues.

The employer doesn't receive any funds. FASE makes the deposit directly into the employee's account. Take what your friend says with a grain of salt.

 

[banzai]

The government direct deposits into the employees banch account. The employers receives no money from the government, just isn't obligated to pay the employee his salary under FASE. We chose not to lay off or terminate employees so we still pay their salary minus the amount the government gives them and this amount varies according to their salary. There is a maximum the government will pay out but this is a big help when you have no paying customers.

I don't doubt your experience one bit but a visit with another employer whose employees used the fase system stated that the money from the finance ministers office went to a employers account in banreservas and from there it was distributed to employees via direct transfers to their individual accounts. Quite possible that there are different methods since you did not actually terminate any employee. Browsing the fase forum there appears to be many that have not received support. When my friend inputs her name and credentials to the website it produces a banner of information including the program FASE_1, amount of 3037.76rdp and plainly states "inscrito en fase" (I'd post a picture if I was intelligent enough). The real problem is that since she is still listed within the fase program she can not draw on her solidarity card - can't have both. Nothing worth doing is easy...tks for your input.

 

[bob saunders]

I don't doubt your experience one bit but a visit with another employer whose employees used the fase system stated that the money from the finance ministers office went to a employers account in banreservas and from there it was distributed to employees via direct transfers to their individual accounts. Quite possible that there are different methods since you did not actually terminate any employee. Browsing the fase forum there appears to be many that have not received support. When my friend inputs her name and credentials to the website it produces a banner of information including the program FASE_1, amount of 3037.76rdp and plainly states "inscrito en fase" (I'd post a picture if I was intelligent enough). The real problem is that since she is still listed within the fase program she can not draw on her solidarity card - can't have both. Nothing worth doing is easy...tks for your input.

Well that certainly isn't the way it is supposed to work. The employee has to be registered with SS. If not registered the government pays nothing.

 

[banzai]

believe I have this figured out, at least for my friend. In March 2020 she, along with most of the crew, were put on suspension due to the virus. At that time, FASE was initiated and she was enrolled. In June 2020 she, again along with most of the crew, were terminated. The terms suspension and terminated being the important verbiage. Regardless, she was paid severance and vacation time owed and terminated. FASE ends! However, she still appears to be drawing FASE assistance because she hasn't been removed from the program. Thus, she can't draw from her solidarity funds. I believe a trip to the Labor Ministers office is needed and have so advised. Rgds, Rob't

 

[banzai]

STILL NO JOY. My friend, along with her other crew members, continue to battle. Two trips to the Minister of Labor and numerous attempts at gaining an audience with Gildan's HR have proved fruitless, they still appear as suspended in the FASE-1 database although all have been terminated. None are receiving funds. Gildan Las Americas, SRL saying the problem is with the government, the government saying the problem is with Gildan's HR. We here in the flatlands call that a "pissin contest". I'm beginning think the odor is becoming worse and that someone is lining their pockets. I have - today - on my friends behalf - written to Gildan HR USA. Optimistic? Any positive thoughts as to next steps appreciated. Rgds

 

[bachata]

Copy and paste from my FB page, this girl is my friend who quote me about Seguridad Social in the Dominican Republic
Anacaona Gonzalez
OYE!!!!!!AQUI NO HAY PROTECCION PARA NADIE, YO TRABAJÉ 30 Y PICO DE AÑOS EN ZONA FRANCA, Y HACEN 5 AÑOS QUE SOLICITE ESA PENSION, Y NADIE ME HA DADO UN CHELE, PAQUESEPA!

She worked over 30 years in Zona Franca Santiago and has never received any benefit.

 

[banzai]

Copy and paste from my FB page, this girl is my friend who quote me about Seguridad Social in the Dominican Republic
Anacaona Gonzalez
OYE!!!!!!AQUI NO HAY PROTECCION PARA NADIE, YO TRABAJÉ 30 Y PICO DE AÑOS EN ZONA FRANCA, Y HACEN 5 AÑOS QUE SOLICITE ESA PENSION, Y NADIE ME HA DADO UN CHELE, PAQUESEPA!

She worked over 30 years in Zona Franca Santiago and has never received any benefit.

but, with very limited education and mouths to feed they need the job no matter if it's a sweat shop and pays little. I expect to hear something. If not, it doesn't cost much more to move on up the food chain to the companies that purchase the products made by Gildan. Rgds

 

[Fabio J. Guzman]

Tell her to retain a labor lawyer. Labor laws in the DR are very protective of the worker.

 

[banzai]

Tell her to retain a labor lawyer. Labor laws in the DR are very protective of the worker.

Thank you for your response. Unless the attorney takes it on pro bono there would be little chance of obtaining an attorney. And, since there are no financial gains to be had there would be no monies for same attorney. All my friend wants is to be released from FASE. The termination payments were made correctly. Yesterday I received a response to my message sent to Gildan, USA. They forwarded the message to the home offices in Barbados for action. We await their response. Rgds, Rob't