salary when sick?

quaqualita

Member
Feb 4, 2002
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hi,
does the Dominican Labor Code say anything about:

1) if an employee gets sick (certified by a doctor), has he the right to get paid his full salary for the days he couldn't work?

2) if the child of an employee is sick, so the parent has to stay at home to take care of the child, does he have the right to get paid for the days he doesn't work?

quaqualita
 

Adrian Bye

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Jul 7, 2002
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If you're having to dispute all this stuff at your job, it sounds like it might be time for a change.
 

GringoCArlos

Retired Ussername
Jan 9, 2002
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Better yet quaqualita, why don't you at least go out and buy the Dominican Labor Code book at the Secretary of Labor's office. You will get an education, have a reference to peruse whenever a "situation" arises, and it only costs about RD$150. Cheap reading.

Plus, whenever you talk to an employee, you can show them EXACTLY what the law says, instead of having an argument with inaccuracies being thrown about.

Good luck.
 

calamardoazul

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Jul 29, 2003
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quaqualita said:
hi,
does the Dominican Labor Code say anything about:

1) if an employee gets sick (certified by a doctor), has he the right to get paid his full salary for the days he couldn't work?

2) if the child of an employee is sick, so the parent has to stay at home to take care of the child, does he have the right to get paid for the days he doesn't work?

quaqualita

1 yes, the employee has the right
2 no, the law don't specify anything about this, it would better to take vacations if you are entitled to...
 

quaqualita

Member
Feb 4, 2002
306
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GringoCarlos, I do have the codigo de trabajo, I easily downloaded the pdf file from the gov. site. However, I can't find anything in the codigo about sick days, and you're right, I need to show EXACTLY what the law says, if not I won't get paid for the sick days and the sick days of my child.

MrMike, I also had the opinion that you are entitiled for 5 sick days (also when the child is sick?). Do you have any idea, which article of the labour code says something about this?

Thanks for all your help!

quaqualita
 

MrMike

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Mar 2, 2003
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www.azconatechnologies.com
I will see if I can find out, I couldn't find anything on the website either, so am asking a lawyer friend who specializes in labor law.
Your best bet though is to go down to the labor board, which is crawling with lawyers who would be glad to tell you the details hoping you will give them the case.
 

MrMike

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www.azconatechnologies.com
OK here is the answer she sent me.

Las ausencias del trabajador por enfermedad de ?ste legalmente no deben ser remuneradas/pagadas por la Empresa; si el empleado esta asegurado por el Seguro Social esta Instituci?n es quien debe hacerlo....aunque en la realidad no lo hace. Algunas empresas han decidido pagar las ausencias por enfermedad al trabajador, pero esto es una decisi?n voluntaria no estan obligadas legalmente a hacerlo. Ahora bien, si el trabajador se ausenta por tener un hijo enfermo...A LA EMPRESA TAMPOCO LE CORRESPONDE PAGAR LOS DIAS AUSENTES.

Direct translation:

The absence of the worker for this sickness do not legally need to be remunerated/payed for by the company; if the employee is ensured by Social Security this Institution is who should pay, although in reality it does not.

Some companies have decided to to pay absences for a worker's sickness, but this is a voluntary decision and they are not legally obligated to do so. Now if a worker is absent because of a sick child...NIETHER DOES THE COMPANY NEED TO PAY THESE MISSED DAYS.

(end of translation)

My company has always payed at least 5 sick days, (we only limited it to 5 when we found out some of our employees were freelancing and claiming sick days) so I was under the impression this was a legal standard, however it turns out it is not.
 

calamardoazul

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Jul 29, 2003
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Art?culo 52.- En los casos de accidentes o enfermedad, el trabajador s?lo recibir? las atenciones m?dicas
y las indemnizaciones acordadas por las leyes sobre accidentes del trabajo o sobre seguro social en las
formas y condiciones que dichas leyes determinan.
Sin embargo, cuando el trabajador no est? asegurado por falta del empleador este ?ltimo cargar? con los
gastos m?dicos y las indemnizaciones correspondientes.

Dominican labor code

Translation ( a bit free)

In the events of labor accidents or sickness, the employee only will be granted to medical care and indemnties in accordance with the accidents of work bill or social security law in the ways and conditions such laws stablish.
Nevertheless, when the employee is not insured because employer's fault , the last will cover with all the medical expenses and the indemnities to be paid.

The question were you included by you employer in the social security?
 

quaqualita

Member
Feb 4, 2002
306
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calamardoazul said:

The question were you included by you employer in the social security?

yes, company pays medical insurance incl. for my child, paper work for social security is still in process.

quaqualita
 

calamardoazul

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Jul 29, 2003
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IMHO

Since you are not insured by the Social Security , not a private one, if you are sick and have a medical certificate to prove it, I think your employer have to pay your salary in full while your sick.

I hope Fabio help you , with his opinion.