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 […]
Dominican Republic: New Criteria for Employers Hiring Foreign Nationals
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 […]
Dominican Republic: 24-percent Increase in the Minimum Wage for Construction Workers
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 […]
Dominican Republic: The Concept of Continuing Fault does not apply to Accessory Workers’ Rights Claims
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 […]
Dominican Republic: The Suspension of the Employment Contract is not an Obstacle to Dismissal
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 […]
Dominican Republic: Supreme Court affirms Workers may Request Salary Review if Labour Modality Changes
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, […]
Dominican Republic: Employers are Responsible for ensuring Employees Contribute to the SDSS
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 […]
Dominican Republic: Mandatory 10% Gratuity does not apply to Take-out or Delivery Orders
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, […]
Dominican Republic: Applying the Principles of ‘Search for Material Truth’ and the ‘Apparent Employer’
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 […]
Dominican Republic: New Minimum Monthly Wage Increases for Private-sector Workers
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 […]
Dominican Republic