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
14
7
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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

Self-imposed banned🫢
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 !
 

CG

Bronze
Sep 16, 2004
987
147
63
Good morning, Not to beat a dead horse but the firing of domestic workers in 2023 still stands with their right to receive Navidad & Vacation pay for the time worked and nothing more ie: Liquidation/Cesantia, CORRECT?.
Page 84 of the labor manuel / codigo de trabajo (https://mt.gob.do/images/docs/biblioteca/codigo_de_trabajo.pdf#page=62) isn't too elaborate on domestic workers and states nothing about liquidating a domestic worker. Thanks
 

Manuel01

Well-known member
Apr 1, 2009
802
854
93
My humble advise; Do not ad any $ for a Lawyer !. Pay the 50,000 RD$ and move on.
You might show him 40,000 in Cash and the Document that he needs to sign stating that you do not owe him anything after this Payment.
Maybe he falls for it. IF IT GOES TO COURT> YOU ALWAYS LOOSE ! No need for you to even show up.
 

AlterEgo

Administrator
Staff member
Jan 9, 2009
23,147
6,318
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South Coast
The Labor Office WILL NOT GUIDE YOU !!!! THEY WILL TAKE THE SIDE OF YOUR EMPLOYEE AND MAKE YOU PAY THE MAX !!!!

Not true. We had an ex-gardener/caretaker demanding about 80,000 pesos, took us to office in Santo Domingo. They calculated and it was vacation and 13th month prorated.
 
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chico bill

Dogs Better than People
May 6, 2016
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Tell him you will have the money waiting for him on such a date and time at a lawyers office for him to sign for its release and show his cedula and it will be released
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
Any relationship in which one person obliges himself or herself to provide any form of service to another in exchange for remuneration and under the direction or supervision of the latter is considered to be an employment contract and, as such, subject to the provisions of the Labor Code. Employment contracts may be verbal or written.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
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www.drlawyer.com
Domestic Workers

Domestics do not benefit from many of the provisions of the Labor Code (Art. 4). Domestics are defined as workers dedicated to household chores, such as cooking and cleaning, when carried out outside of a business (Art. 258). Condominium employees are not considered domestics.

Domestics are not subject to any regular work hours although every domestic must have a minimum of nine hours per day of uninterrupted rest and a weekly rest of 36 hours without interruption (Arts. 261 and 262). Domestics do not have the right to receive severance pay when dismissed. However, domestics do have the right to two weeks of paid vacation a year after their first year at work and to receive a Christmas salary as regular workers do.
 
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aarhus

Long live King Frederik X
Jun 10, 2008
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Any relationship in which one person obliges himself or herself to provide any form of service to another in exchange for remuneration and under the direction or supervision of the latter is considered to be an employment contract and, as such, subject to the provisions of the Labor Code. Employment contracts may be verbal or written.
What if its a freelancer ? You have to instruct the person what to do and there will be some degree of supervision.