Articles of the Labor Code

2. If the dismissal is carried out in breach of the provisions of the preceding paragraph, the employer may carry out a new dismissal in which the requirements omitted in the previous one are fulfilled. This new dismissal, which will only take effect from its date, can only be carried out within twenty days from the day following the date of the first dismissal. When doing it, the employer will make available to the worker the wages accrued in the intermediate days, maintaining him/her during the same ones in high in the Social Security.

4. The dismissal will be considered fair when the non-compliance alleged by the employer in his communication is accredited. It will be unjustified in the opposite case or when in its form it does not adjust to the established in paragraph 1.

a) The dismissal of workers during periods of suspension of the employment contract due to maternity, adoption, foster care, paternity, risk during pregnancy or risk during breastfeeding referred to in Articles 45.1.d) and e) or due to illnesses caused by pregnancy, childbirth or breastfeeding, or that notified on a date such that the period of notice granted ends within such periods.

What does Article 54 of the Labor Code say?

Any contract by which the parties have proceeded in simulation or fraud to the labor law, either by pretending non-labor contractual rules, interposition of persons or by any other means, is null and void.

How is a disciplinary dismissal handled?

The Disciplinary Dismissal must be communicated by means of a written letter to the employee clearly and sufficiently stating the facts that motivate it and the date on which the dismissal will take effect, without prejudice to other formal requirements that the Collective Bargaining Agreement may demand.

Read more  What legislation relates to confidentiality in health and social care?

What does Article 55 of the Labor Code say?

The employer may not simultaneously maintain workers on probation for a number that exceeds fifteen percent of the total number of its workers.

Disciplinary Dismissal Compensation

The Disciplinary Dismissal must be communicated by means of a written letter to the employee stating clearly and sufficiently the facts that motivate it and the date on which the dismissal will take effect, without prejudice to other formal requirements that the Collective Bargaining Agreement may demand.

If the dismissal is carried out without observing the above, the employer may carry out a new dismissal complying with the requirements omitted in the previous one, within a period of twenty days from the day following the day of the first dismissal. In doing so, the employer must make available to the employee the wages accrued in the intervening days, and keep the employee registered with the Social Security during the intervening days.

The employee has 20 working days (excluding Saturdays, Sundays and holidays) from the effective date of the dismissal to file a lawsuit against it, after an attempt at conciliation before the labor authority. Finally, the dismissal may be classified as fair, unfair or null and void.

What does the Labor Code say about overtime?

Overtime shall be paid in accordance with Article 139 of the Labor Code. In no case will be considered as overtime, the time of less than one hour per day worked by employees after their regular working day.

What does Article 88 of the Labor Code say?

According to Article 88 of the Labor Code of the Dominican Republic, the Employer may dismiss the employee without paying his labor benefits and terminate the employment contract for any of the following causes: 1.

What does Article 47 of the Labor Code say?

47 of the Labor Code, the maximum working day shall be eight hours a day, not to exceed forty hours a week, except as otherwise provided by law. … Compulsory working hours may not exceed five in a week, that is, 40 hours per week.

Read more  What are my rights if my data has been breached?

Labor Code

a) The environment in which the employment relationship is developed, the law firms, in which there is a triangular relationship between the owner of the law firm, the client and the lawyer, which undoubtedly conditions the development of the employment relationship between the lawyers and the law firms.

b) The conditions under which lawyers must perform their work in law firms, to the extent that in addition to the applicable labor rules, lawyers will be subject to the rules governing the profession, including statutory, ethical and deontological rules.

Increased requirements for lawyers in the performance of their work activity in terms of compliance with the specific duties of diligence and confidentiality and with the deadlines established in the procedural rules.

The imposition on lawyers of a regime of incompatibilities and prohibitions in the exercise of their professional activity that prevents lawyers from acting in the event of a conflict of interest and defending conflicting interests.

How to act in the event of disciplinary dismissal?

Challenging the dismissal if you do not agree

If the employee does not agree with the dismissal, he/she will have a period of 20 working days to challenge it judicially. To do so, it is essential to have a professional expert in the matter, that is to say, a labor lawyer.

What is the compensation for disciplinary dismissal?

In fair disciplinary dismissals, the employee is only entitled to a severance payment, but not to compensation. Another thing is that the dismissal is challenged and the judge recognizes that it is unfair or even null and void, and the company must compensate or reinstate the worker in each case.

What would a disciplinary dismissal look like?

Disciplinary dismissal is the employer’s decision to terminate the employment relationship with an employee who has committed serious and culpable breaches. … In the event of a successful claim, the worker could be reinstated in the company or, at least, receive severance pay.

Read more  What does vetting mean for a job?

Dismissal for serious misconduct

The Disciplinary Dismissal must be communicated by means of a written letter to the employee clearly and sufficiently stating the facts that motivate it and the date on which the dismissal will take effect, without prejudice to other formal requirements that the Collective Bargaining Agreement may demand.

If the dismissal is carried out without observing the above, the employer may carry out a new dismissal complying with the requirements omitted in the previous one, within a period of twenty days from the day following the day of the first dismissal. In doing so, the employer must make available to the employee the wages accrued in the intervening days, and keep the employee registered with the Social Security during the intervening days.

The employee has 20 working days (excluding Saturdays, Sundays and holidays) from the effective date of the dismissal to file a lawsuit against it, after an attempt at conciliation before the labor authority. Finally, the dismissal may be classified as fair, unfair or null and void.

By Rachel Robison

Rachel Robison is a blogger who collects information on court filings and notices.