Unemployment / Workers Liquidation

bob saunders

Platinum
Jan 1, 2002
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I don't think that matters
We had a gardener for a number of years who was good in the beginning but slowly tapered off to the point he only showed up a couple days before the end of the month and wasn't very responsive to doing the things he was asked to do. Wouldn't go on the payroll and wanted cash....etc, because he actually had a fulltime job working on a rich guys villa/fincita . He was also insulting to the administrative staff. When Covid came around my told him he was no longer required because he wasn't showing up anyway. He went to the labour board and told them a sob story that was completely made up and they told my wife she had to pay him eight years liquidation. She was able to prove that he was only part time, paid in cash ...etc, and he got a much reduced payout. The labour people will always side with the employee so as an employer you have to record everything, make them sign ab contract....etc, otherwise you are screwed.
 
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nsxplus1

New member
Feb 3, 2020
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Does it make any difference if the Haitian is legal or illegal.
NO... you have to pay the severance pay
1-you fire them (pre-notice up to 28 days), severance based on time/years, 13 month or XMAS bonus (note: this is not a bonus, it's the extra days worked. employees get paid 2 times a month or 24 times a year = to 48 weeks and a year has 52 weeks), vacation or portion of vacation
2- they want to leave: portion of 13 month and any vacation
3- if you don't pay with in 10 days they can sue you. lawyers will ask for extra compensation or additional fines because the employee did not have health insurance or was not registered in the social security.
4- the judges always award extra fines because it is the employers responsibility to hire legal workers and pay health & SS regardless of the conditions of the employee
5- Haitians illegal or not always have lawyers after them specially if the employer has money. the lawyers will cover all expenses and end up with 50% of anything collected (30% for taking the case and 20% for cost of the case)
 
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Aguaita29

Silver
Jul 27, 2011
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Hi Everyone,

I have a question about a worker that I had working for me until today. I’m in American tourist here on vacation and I had a Haitian guy working on my land just taking care of the grass and pulling out the weeds and things like that. He worked for me for about 4 1/2 years I paid him in cash each week equivalent of 500 pesos a day or 12,000 pesos a month. He worked 5 hours a day. We are located in Las Terennas and Samana. Anyway we never had any kind of contract ..never anything in writing ever ..and now we have agreed that he’s going to stop working for me. He went to the office of the workers and gave me a paper saying that I have to pay him a liquidation fee which is like unemployment i

view document here:
Document from Minestro De Trabajo

Thank hou

The document itself says that these calculations have been made upon information from the interested party, and that they're not imposable to the other party or to the judge, so this sum is like a guideline. People often would rather negotiate to avoid the hassle of going to court.
 
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Buffness

Member
Oct 9, 2014
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The document itself says that these calculations have been made upon information from the interested party, and that they're not imposable to the other party or to the judge, so this sum is like a guideline. People often would rather negotiate to avoid the hassle of going to court.

There it is !