Social Security In the Dominican Republic, in principle, all workers need to be covered by a national retirement pension plan funded by contributions from both the employer and the employee. The employee pays this through withholdings from his salary, and the employer through a percentage of the employee’s salary. Employees are entitled to retirement and […]
Feb
03
2021
Trade Unions and Employers Associations in Dominican Republic
Brief Description of Employees’ and Employers’ Associations Everyone has the right to associate with others. In the Dominican Republic, there are unions and employers’ associations that represent all kinds of activities. Employees have the right to organise in unions. The affiliation of employees to unions is not mandatory. The employee is free to decide whether […]
Feb
03
2021
Transfer of Undertakings in Dominican Republic
Employees’ Rights in Case of a Transfer of Undertaking The transfer of a company, a branch or an agency thereof, or the transfer of another worker to another company, transmits all the privileges and obligations resulting from the employment contracts that apply to the employee assigned or transferred. The new employer is responsible, together with […]
Feb
03
2021
Restrictive Covenants in Dominican Republic
Definition and Types of Restrictive Covenants Employees must respect the provisions on intellectual property, confidentiality and non-competition related to the employer during the employment relationship. There are no specific laws on restrictive covenants after the termination of employment. Nevertheless, the Constitution establishes freedom of work, which means that the employee can challenge any restrictive covenants […]
Feb
03
2021
Termination of Employment Contracts in Dominican Republic
Grounds for Termination The parties are exempt from their legal obligations in the event that termination occurs: i) by mutual consent, which we recommend executing before a notary; ii) by execution of the agreement (the contract for a particular job or work ends with the work’s conclusion); and iii) with just cause. Dismissal for just […]
Feb
03
2021
Social Media And Data Privacy in Dominican Republic
Restrictions in the Workplace The Labour Code prescribes that the employer must provide employees with the work tools necessary for the performance of their duties and further establishes that the employee cannot use the work tools for anything other than their intended use. The employer has the right to ensure that the employee uses the […]
Feb
03
2021
Pay Equity Laws in Dominican Republic
Extent of Protection In the Dominican Republic, the Labour Code establishes the principle of equal pay for equal work. Also, the Dominican Republic has ratified Convention C. 100 of the International Labour Organisation on equal pay. Notwithstanding the preceding, the employer may establish different conditions when justified by objective parameters (seniority, responsibilities, tasks and performance). […]
Feb
03
2021
Anti-Discrimination Laws in Dominican Republic
Summary The Constitution prohibits the main types of discrimination: sex; age; race or skin color; nationality; social origin; political opinions; union activity; and discrimination on the grounds of religion. The Labour Code also prohibits discrimination in the workplace, during and after the hiring phase. Employers are prohibited from discriminating against any candidate/employee during the hiring […]
Feb
03
2021
Working Conditions in Dominican Republic
Minimum Working Conditions Employees are entitled to a minimum wage regularly adjusted, taking into account the country’s inflation rate. There are several minimum wages in the Dominican Republic, depending on the sector and the size of the company. In effect, the Dominican Republic’s minimum wages are determined by the National Salary Committee. In the Dominican […]
Feb
03
2021
Employment Contracts in Dominican Republic
Minimum Requirements Written employment agreements are not necessary for permanent employment contracts. Labour laws only charge the employer to list an employee in company workbooks and with tax authorities, pay Social Security, and report taxes on all wages paid to the employee. However, when the employment contract is in writing, any modifications must be made […]