Secretaria o Ministerio de Trabajo

F

Farmer

Antiguo
Dec 2, 2003
248
113
43
Looking to head into Santiago tomorrow to take care of the liquidacion of a former employee. I'm googling offices and am a bit confused. It's giving me both the
Secretaria and the Ministerio of Trabajo. One and the same? Which one does the calculations for liquidaciones there in Santiago? Thanks for any help. Farmer
 
bob saunders

bob saunders

Platinum
Jan 1, 2002
33,231
6,640
113
dr1.com
Ministerio of Trabajo. My wife says you can do it online, plus there is an office in San Jose de las Matas, is that not closer for you.
 
M

MariaRubia

Well-known member
Jun 25, 2019
2,796
3,771
113
The page you need is http://calculo.mt.gob.do/ . You just enter the person's salary, this must include bonuses and any extra money you paid like a meal allowance or transport. You then enter the start and leave dates and it will give you the liquidacion to pay.

Remember, if you have fired them on the spot you need to give them the money that says "Preaviso". But if you have given them notice, ie told them a month before they are going to lose their job, then they don't get this.

The Cesantia is the amount to compensate them for losing their job. There is an option to say whether they had taken their holidays (as paid time off) or not, if not then you have to give them the money for holidays. And the Salario Navideña will be 5/12 of their extra Christmas wage (as we are in month 5).

Very important notes.

1) Most Dominicans, even the most illiterate, will have already worked out their liquidation. I usually start by asking them if they have done their calculations. Much easier to double-check theirs. If they want to go to the office of the secretaria, they can do and get their calculations done there, but basically it's exactly the same process as if you do it online. Make sure that you both agree exactly the amount of money they should be paid. There will always be an auntie / uncle / cousin / neighbor who is a lawyer and who is ready to take you to court (for a slug of the liquidation) so it's very important to make sure the person is genuinely happy with the calculations before you pay.

2) Before paying a peso, in addition to agreeing the calculations, you need them to sign a Descargo Laboral. This is a legal document which basically confirms they are completely happy with the amount and it wipes out any claims they have. Once they have signed this, they cannot then go to court. Always get them to sign before paying anything. (The document actually says that they confirm they have received the money, but I've never had a case where someone refuses to sign. Most of the time they are desperate for their money and I refuse to pay anything until I have the descargo in my hand). There are plenty of models of this document online, but if you are stuck I can send you one, just PM me.

I'm good at firing people!!!!
 
  • Like
  • Love
Reactions: JD Jones, AlterEgo and bob saunders
bob saunders

bob saunders

Platinum
Jan 1, 2002
33,231
6,640
113
dr1.com
MariaRubia said:
The page you need is http://calculo.mt.gob.do/ . You just enter the person's salary, this must include bonuses and any extra money you paid like a meal allowance or transport. You then enter the start and leave dates and it will give you the liquidacion to pay.

Remember, if you have fired them on the spot you need to give them the money that says "Preaviso". But if you have given them notice, ie told them a month before they are going to lose their job, then they don't get this.

The Cesantia is the amount to compensate them for losing their job. There is an option to say whether they had taken their holidays (as paid time off) or not, if not then you have to give them the money for holidays. And the Salario Navideña will be 5/12 of their extra Christmas wage (as we are in month 5).

Very important notes.

1) Most Dominicans, even the most illiterate, will have already worked out their liquidation. I usually start by asking them if they have done their calculations. Much easier to double-check theirs. If they want to go to the office of the secretaria, they can do and get their calculations done there, but basically it's exactly the same process as if you do it online. Make sure that you both agree exactly the amount of money they should be paid. There will always be an auntie / uncle / cousin / neighbor who is a lawyer and who is ready to take you to court (for a slug of the liquidation) so it's very important to make sure the person is genuinely happy with the calculations before you pay.

2) Before paying a peso, in addition to agreeing the calculations, you need them to sign a Descargo Laboral. This is a legal document which basically confirms they are completely happy with the amount and it wipes out any claims they have. Once they have signed this, they cannot then go to court. Always get them to sign before paying anything. (The document actually says that they confirm they have received the money, but I've never had a case where someone refuses to sign. Most of the time they are desperate for their money and I refuse to pay anything until I have the descargo in my hand). There are plenty of models of this document online, but if you are stuck I can send you one, just PM me.

I'm good at firing people!!!!
Click to expand...
Our HR person goes directly to the labor office with the person being fired and makes sure everything is in agreement in front of the labor official and everything signed there and witnessed by the official, then money handed over and receipt signed. We had a gardener in the past that we fired for theft and when he went to the labor office, he lied about the wage he was receiving...etc. He was then required to go with the HR person to the Labor office where she presented the proof of his actual payment and got everything straightened out.
 
F

Farmer

Antiguo
Dec 2, 2003
248
113
43
I ended up going into Santiago the other day to see the Ministerio de Trabajo in person. Glad I did. Didn't have any luck finding an office in Sajoma or using the Ministerio website. Got right in to see an employee. She questioned me on the pay arrangement I had with the employee and quickly did the calculation and printed off a couple copies. Spent all of 15 minutes there. Before I went there I had talked to an attorney and the figure he threw out wasn't even close. If I had offered her that then I'd have had to hire his arse and gone to court. When she saw the government doc from the Ministerio she was satisfied I had followed the law. And peace of mind for me.
 
  • Like
Reactions: JD Jones and bob saunders
bob saunders

bob saunders

Platinum
Jan 1, 2002
33,231
6,640
113
dr1.com
Farmer said:
I ended up going into Santiago the other day to see the Ministerio de Trabajo in person. Glad I did. Didn't have any luck finding an office in Sajoma or using the Ministerio website. Got right in to see an employee. She questioned me on the pay arrangement I had with the employee and quickly did the calculation and printed off a couple copies. Spent all of 15 minutes there. Before I went there I had talked to an attorney and the figure he threw out wasn't even close. If I had offered her that then I'd have had to hire his arse and gone to court. When she saw the government doc from the Ministerio she was satisfied I had followed the law. And peace of mind for me.
Click to expand...
We just fired a cleaner today. My wife told our HR person to do it at 900 am and she was gone by 1 pm, paid in full, papers signed.
 
El Hijo de Manolo

El Hijo de Manolo

It's outrageous, egregious, preposterous!
Dec 10, 2021
4,928
3,186
113
Dominican Republic
This is a mind-numbingly simple process. You go to the MoT site and use the prestaciones calculator. You pay the max, every single time. You draft a letter saying you're fired and here's the amount you get. They sign it. This letter must also be filed with the MoT. You have 10 days to pay. Zero explanation needed. I've done it in 10 minutes.
 
  • Like
Reactions: JD Jones
D

Duece

Active member
Mar 11, 2004
166
72
28
bob saunders said:
Our HR person goes directly to the labor office with the person being fired and makes sure everything is in agreement in front of the labor official and everything signed there and witnessed by the official, then money handed over and receipt signed. We had a gardener in the past that we fired for theft and when he went to the labor office, he lied about the wage he was receiving...etc. He was then required to go with the HR person to the Labor office where she presented the proof of his actual payment and got everything straightened out.
Click to expand...
Good information but I would add two things. You can do the form online but that does not become the legal document to use. I only use it as an estimate. Second, you have to have the document from the labor department and it needs to be stamped. If your estimate and the Labor Department document don't match and there is a considerable difference it usually means you made a mistake populating the online document. You will never win claiming the online document is the correct amount. If you feel an employee has lied to the Labor Department then you need to go to the Labor Department and reconcile the difference.
 
El Hijo de Manolo

El Hijo de Manolo

It's outrageous, egregious, preposterous!
Dec 10, 2021
4,928
3,186
113
Dominican Republic
MariaRubia said:
The page you need is http://calculo.mt.gob.do/ . You just enter the person's salary, this must include bonuses and any extra money you paid like a meal allowance or transport. You then enter the start and leave dates and it will give you the liquidacion to pay.

Remember, if you have fired them on the spot you need to give them the money that says "Preaviso". But if you have given them notice, ie told them a month before they are going to lose their job, then they don't get this.

The Cesantia is the amount to compensate them for losing their job. There is an option to say whether they had taken their holidays (as paid time off) or not, if not then you have to give them the money for holidays. And the Salario Navideña will be 5/12 of their extra Christmas wage (as we are in month 5).

Very important notes.

1) Most Dominicans, even the most illiterate, will have already worked out their liquidation. I usually start by asking them if they have done their calculations. Much easier to double-check theirs. If they want to go to the office of the secretaria, they can do and get their calculations done there, but basically it's exactly the same process as if you do it online. Make sure that you both agree exactly the amount of money they should be paid. There will always be an auntie / uncle / cousin / neighbor who is a lawyer and who is ready to take you to court (for a slug of the liquidation) so it's very important to make sure the person is genuinely happy with the calculations before you pay.

2) Before paying a peso, in addition to agreeing the calculations, you need them to sign a Descargo Laboral. This is a legal document which basically confirms they are completely happy with the amount and it wipes out any claims they have. Once they have signed this, they cannot then go to court. Always get them to sign before paying anything. (The document actually says that they confirm they have received the money, but I've never had a case where someone refuses to sign. Most of the time they are desperate for their money and I refuse to pay anything until I have the descargo in my hand). There are plenty of models of this document online, but if you are stuck I can send you one, just PM me.

I'm good at firing people!!!!
Click to expand...
Maybe you need to hone up your hiring and retention processes. You bragging about being good at firing people just makes it sound like you have a nice toxic environment in that business of yours.
 
  • Haha
Reactions: NY-DR Commuter and NanSanPedro
F

Farmer

Antiguo
Dec 2, 2003
248
113
43
Appreciate the guidance from many posters. Me vs. Fulana in court over her liquidacion? Uh no. I'd do it the same way and make the trip to Santiago.
 
  • Like
Reactions: bob saunders
You must log in or register to reply here.
Top Bottom