Articles

Author: Amado Sánchez de Camps In a Sentence dated 31 May 2022, the Labour Chamber of the Supreme Court of Justice confirmed the legality of Resolution 72-03, of 29 April 2003, issued by the National Social Security Council. In its only article, this resolution states that, for contributions to Social Security, the income that will […]

Author: Amado Sánchez de Camps The Third Chamber of the Supreme Court of Justice (SCJ) had previously established the criterion that an employer did not fulfill his responsibility if he hired a non-national (foreign) worker with an irregular migratory status and did not register him with the Dominican Social Security System (SDSS), since the authorities […]

Author: Amado Sánchez de Camps President Luis Abinader and the Minister of Labour, Luis Miguel De Camps, announced on 18 April an increase of 24% in the minimum wage for construction workers, of which 21 % began to be applied on 1 May, and an additional 3% in October. The decision results from a consensus […]

Author: Amado Sánchez de Camps The Supreme Court of Justice specified that the concept of “continuing fault” is typical of the figures of unilateral termination at the time of verifying whether the imputed fault complies with the 15 days established in articles 90 and 98 of the Labour Code; and thus, determine if the right […]

There is no legal obstacle to dismissing the employee during the suspension of the work contract. The Third Chamber of the Supreme Court of Justice, in its judgment (number 033-2021-SSEN-01190) dated 26 November 2021, ratified its opinion that the suspension of the employment contract is not an impediment to terminate with cause, the contract of […]

On 29 October 2021, the Third Chamber of the Supreme Court of Justice (SCJ) established that it is legitimate for the employee to request a review of his salary, if the employer changes the modalities of the labour service. The termination by the employer, because the employee did not comply with the new working hours, […]

In its judgment (number 033-2021-SSEN-00675) of 28 July 2021, the Third Chamber of the Supreme Court of Justice established that employers are responsible in the case of workers who do not have a regular migratory status and cannot affiliate to the Dominican Social Security System (SDSS). This decision clarifies that the employer is responsible if […]

In a recent ruling, the Supreme Court of Justice held that a business cannot charge a 10% tip if the consumption (of food and beverages) did not occur on its premises. Article 228 of the Labour Code states that a mandatory gratuity of 10% on bills of food and beverages consumed in hotels, restaurants, cafes, […]

In his claim, the employee sued the company ‘Diconfor’ when it was really spelled ‘Diconfo’ – that is without the letter ‘r’. Therefore, in applying the above principles, correspond to the judge, not the plaintiff, to verify if these were two companies and who the actual employer was. Key Action Points for Human Resources and […]

On 14 July 2021, the National Salary Committee agreed to a new minimum monthly wage increases for private-sector workers. The new minimum monthly salaries will be: RD $21,000 (approximately US $368.00), equivalent to a 19% increase in large companies RD $19,250 (approximately US $337.00), equivalent to a 59% increase in medium-sized companies RD $12,900 (approximately […]