What constitutes an employee quitting?

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DR_Guy

Guest
I have a small pizza place which isnt exactly legal. So when I get rid of someone, I just pay the liquidation and move on. However, I have one really irritating employee that I want to get rid of and dont want to pay his liquidation.

He shows up late, cops an attitude, wants overtime (even though some days we close very early) and so on.

So, what constitutes him quitting without quitting. I am guessing just forgetting to show up for work once in awhile isnt sufficient.

Thanks
 
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cobraboy

Guest
He holds all the cards. You have some real problems. I doubt this will end well.

You are making a good case for why operating a legal business in the DR is critical. Not only will Labor be raking you over the coals, DGII will want a few words and mega-pesos, and the local Chamber of Commerce will be asking for their pound of flesh.

This will all be triggered by the guys first visit to Labor.

Good luck, and keep us posted.
 
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lifeisgreat

Guest
You may not want to pay...but it will be cheaper todo so...people who live in glass houses shouldn’t throw stones..
 
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cobraboy

Guest
You may not want to pay...but it will be cheaper todo so...people who live in glass houses shouldn’t throw stones..
Paying still will not resolve the situation because there is no legal basis for the payment, because there is no legal basis for the business.

The kid could still drop a dime on DR_Guy and there is nothing he can do about it.
 
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Seamonkey

Guest
If you look at the labour law, if he is absent for 3 days or more and doesn't contact you, you can file with your accountant the proper papers to get rid of him. But....since your business is not legal you might be facing severe fines. Get legal.
 
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lifeisgreat

Guest
Paying still will not resolve the situation because there is no legal basis for the payment, because there is no legal basis for the business.

The kid could still drop a dime on DR_Guy and there is nothing he can do about it.
It’s more or less ,don’t rock the boat... you have no oars...
 
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jimmythegreek

Guest
I have a small pizza place which isnt exactly legal. So when I get rid of someone, I just pay the liquidation and move on. However, I have one really irritating employee that I want to get rid of and dont want to pay his liquidation.

He shows up late, cops an attitude, wants overtime (even though some days we close very early) and so on.

So, what constitutes him quitting without quitting. I am guessing just forgetting to show up for work once in awhile isnt sufficient.

Thanks

Just pay the guy and move on-get rid of him. I know it's easier for us to say it since we are not in the situation. However, the country is one of renters and corrupter(s)...property owners are dead last...even the supposed entity to investigate criminal matters in effect doesn't exist....LOL.
 
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cobraboy

Guest
Just pay the guy and move on-get rid of him. I know it's easier for us to say it since we are not in the situation. However, the country is one of renters and corrupter(s)...property owners are dead last...even the supposed entity to investigate criminal matters in effect doesn't exist....LOL.
Disagree.

When a local accuses a foreigner, especially when $$$ is involved, and especially when the local is the perceived victim, there will be serious resources thrown to support the local's complaint.
 
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chrisgy

Guest
Just pay it.
And you ought to go legal. It's a lot easier than you may believe to go legal, and it comes with significant benefits , beginning with health insurance benefits for you. Speak to a good accountant on Monday.
 
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chrisgy

Guest
Paying still will not resolve the situation because there is no legal basis for the payment, because there is no legal basis for the business.

The kid could still drop a dime on DR_Guy and there is nothing he can do about it.
From my experience , it is rare for you to pay liquidation to a Dominican employee and him drop a dime after. They are very familiar with liquidation and not at all interested in whats legal and whats not.
 
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jimmythegreek

Guest
Disagree.

When a local accuses a foreigner, especially when $$$ is involved, and especially when the local is the perceived victim, there will be serious resources thrown to support the local's complaint.
Are we talking about the same country? BTW-I'll disagree with everyone here and say the guy should not go legal since there is no legitimate legal system in the country. What is going legal going to do for you? Ask Bondelic about when the fake inspectors showed up from a supposed government office to do an "inspection" without any formal written notice prior.....Everything is a joke here and corrupted to the core. People can leave criminal death notes at the door of families and be caught on video doing these acts and yet the so called 'Ministerio Publico' investigates nothing and archives it away through their so called 'conciliatory stage' which is not even in the articles they operate under in the codigo penal.....LOL.
 
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Derfish

Guest
It is like car insurance is Gringo Fault insurance. A kid ran a stop sign and took off the mirror from the side of my car. It was my fault although he ran a stop sign and I had the rightofway.
I paid for a week's wages because he couldn't work for a week as his bike was being fixed.
Derfish
 
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cobraboy

Guest
From my experience , it is rare for you to pay liquidation to a Dominican employee and him drop a dime after. They are very familiar with liquidation and not at all interested in whats legal and whats not.
There is no legal liquidation because the business is not legal. That's the point.
 
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drstock

Guest
There is no legal liquidation because the business is not legal. That's the point.
I think chrisgy's point is that any business person, legally registered or not, can easily find out the amount of liquidation payable according to the employee's length of "service". So it is best to pay that amount and the employee will usually be satisfied with that.
 
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Seamonkey

Guest
When the employee goes to Ministerio de Trabajo to find out how much liquidation he is owed, they don't ask if the business is legal or not. The employee doesn't care. He wants his money.

Get a lawyer to draft up an agreement on what the liquidation is and that the employee cannot come back on you for addition money. Get the employee to sign it. Done. He will be more than happy to have money and he will move on.
 
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Riva_31

Guest
Where I work every body get liquidation every year, because to pay a lawer to defend the company in case the employee go to demand the company is more expensive, even if the company win the case has to pay the lawer of the employee, crazy law but this way they are safe and never had a problem, every body is happy.
 
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Seamonkey

Guest
Where I work every body get liquidation every year, because to pay a lawer to defend the company in case the employee go to demand the company is more expensive, even if the company win the case has to pay the lawer of the employee, crazy law but this way they are safe and never had a problem, every body is happy.
Absolutely the best way to do it!
 
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Riva_31

Guest
Absolutely the best way to do it!
Another point is the courts are very slow, they schedule a court hearing the case never get a conclusion that day and lawer has to go every time and of course you will pay for each time they go, so you vetter give liquidation and save on the lawer. When a worker want to quit we tell ok lets make a deal, decline the prenotice and we will pay you the rest, anyway we give them liquidation every year so, ita not a big deal.
 
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jimmythegreek

Guest
It is like car insurance is Gringo Fault insurance. A kid ran a stop sign and took off the mirror from the side of my car. It was my fault although he ran a stop sign and I had the rightofway.
I paid for a week's wages because he couldn't work for a week as his bike was being fixed.
Derfish
Everyone wants to live in paradise...problem is there ain't no paradise anywhere.....I don't mean to keep harping on my issues here with this place, but I think the guy is just going to make his life more miserable with these employee issues trying to go the so called 'legal-traditional' route.....just my 2 cents.