With so much apparent experience here with this, I though someone would know right off the top of their head.
- Thread starter windeguy
- Start date
Severance pay scams can continute
There's a database for foreigners. There's a database for electricity users and water users. Every bank has a database for customers. I don't see why they don't or can't have one for employees.
I am a huge proponent of commissions, bonuses and tips. This rewards performance. The union concept or similar rewards mediocrity and attracts losers.
At a bar/restaurant I visit regularly, They have the policy of not keeping waiting staff longer than three months. It's infuriating. A new waiter/waitress starts and for a couple of days doesn't know what they're doing. We try to be tolerant. Soon they are doing a good job, know our names and chat to us and bring us our regular drinks without asking. After a couple of months they are fired for no reason and replaced with another newby and we have to repeat the process. We would go elsewhere but the bar is in a great location and the drinks are a good price.
Of course there is one. Companies need to report monthly to the ministerio de trabajo how many employees, their pay, who was hired, who has left, who's on maternity, etc.
I'm not sure there is information about reasons for separation, other than if it was voluntary or forced.
I gave up trying to keep track of all the reporting requirements the govt. has. That's why I had an administrator.
What I know is that if I have a problem with an employee, I must document it, discuss it with the employee, have them sign it, then register it with the Ministry of Trabajo. (Don’t we do something similar in our home countries?) I believe (correcto me if I am wrong) after three such notificaciones, I am free to fire an employee without liquidation.
Please correcto le if I am wrong.
Please correcto le if I am wrong.
The TSS is the database. There are monthly reporting requirements two forms 504, 5 that have to do with changes to payroll during the monthly and employer/employee contributions to SS.
The DR does not use employee at will as we do in the US. In the DR, employment is considered a contract. At will means you may be fired at any time for any reason. You don’t have to pay, although a longer term employee may enjoy a severance package, but not required by law. What has been an evolving tradition in the US since the dot com boom, is HR documenting the sh** out of your every movement in the event you decide to sue.
Adding: yes, to fire someone in DR and not pay them cesantía, you must have a book of proof. Other than that you can fire them for being ugly if you pay the full cesantía and vacations, Xmas bonus, etc.
Hence the always pay them and get rid of them once and for all. Zero headaches, dirt (and I mean dirt) cheap.
There is indeed a reason they are fired. It is done before they can claim liquidation because of the laws that remain in place that protect empolyees at the peril of business owners.
Thank you for pointining out this actually happens, I already knew it happens, and the reason is the scam I pointed out in the origianl post.
No such thing existed in any job I ever had. I was an at will employee and could have been let go at any moment.
Here in the DR, you are correct that it takes documentation and filings with the Ministry of Trabajo to get rid of a bad employee. Many have tried to do so and still had to pay severance. The system is rigged for the employee. An emplory in Cabarete would have to go to Puerto Plata several times during business hours to make such filings. Ridiculous, that is.
I think the poster was looking to find a data base that included if the employees were actually good employees. I could be wrong on that.
The current policy regarding severance still highly favors the employee at the cost of businesses.