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DOMINICAN REPUBLIC 2021-2022 Sánchez & Salegna EMPLOYMENT LAW OVERVIEW DOMINICAN REPUBLIC 2021-2022 Sánchez & Salegna EMPLOYMENT LAW OVERVIEW an alliance of employers’ counsel worldwide 2021-2022 / DOMINICAN REPUBLIC | 1 www.leglobal.org TABLE OF CONTENTS. I. GENERAL OVERVIEW 03 II. HIRING PRACTICES 06 III. EMPLOYMENT CONTRACTs 08 IV. WORKING CONDITIONs 10 V. Anti-DiscriminAtion LAws 13 VI. PAY EQUITY LAWS 16 VII. SOCIAL MEDIA AND DATA PRIVACY 17 VIII. TERMINATION OF EMPLOYMENT CONTRACTs 18 IX. RESTRICTIVE COVENANTS 21 X. TRANSFER OF UNDERTAKINGS 23 XI. TRADE UNIONS AND EMPLOYERS ASSOCIATIONS 25 XII. EMPLOYEE BENEFITS 28 EMPLOYMENT LAW OVERVIEW an alliance of employers’ counselcounsel worldwideworldwide 2021-2022 / DOMINICAN REPUBLIC | 2 I. GENERAL OVERVIEW 1. INTRODUCTION The labour laws of the Dominican Republic are of public order and, therefore, are mandatory. An employer can extend benefits beyond the established provisions. However, it is prohibited to include terms that are less favorable to an employee, nor can an employee waive any right set by the law, for his protection. Dominican Republic labour laws protect employees. Some basic principles provided by law will govern any employment relationship in the Dominican Republic. The most relevant principles are: • prevalence of the facts: in determining the labour consequences, the pertinent facts surrounding an employment relationship will prevail over the official documents; • prohibition of harmful changes: employers are prevented from introducing changes in employment conditions that are harmful to employees, regardless of whether the employee has previously consented to the change; and • joint responsibility (a group of companies): companies that belong to a group of legal entities under the same control, direction or management are jointly responsible for the obligations of any company belonging to that group, concerning labour relations. • The jobs are at will, which means that either 2. KEY POINTS party can terminate the employment contract without cause, subject to prior mandatory notice • The labour laws of the Dominican Republic are and compensation, where applicable. pro-employee and seek to safeguard employees’ • The Labour Code assumes, as a general principle, rights. They establish norms that regulate working that an employment contract has been executed conditions and hours of work and demand for an indefinite period, unless the particular compensation for dismissal without just cause. nature or type of service to be rendered requires • Labour laws in the Dominican Republic are an employment contract for a specific job or comprised of public order provisions, which term. cannot be ruled out or repealed by any covenant • Among others, all workers have the following included in any contract. Consequently, the rights: freedom of association, social security, Dominican Republic’s labour laws will apply collective bargaining, respect for their physical –and the labour courts will have jurisdiction– capacity, and the right to privacy and personal concerning any eventual labour claim brought dignity. before the courts regarding work performed in • The Labour Code prohibits all kinds of the Dominican Republic. discrimination in access to employment or during • Employees are entitled to a thirteenth salary the provision of a service. or Christmas salary, payable no later than 20 • The law recognises the workers’ right to strike, December of each year. provided that such rights are exercised according • The employer can only change the employment to the law. conditions if these changes do not alter the • Employers must guarantee their workers’ health, employment contract’s basic terms and do not hygiene and safety conditions and a work harm the employee. EMPLOYMENT LAW OVERVIEW an alliance of employers’ counsel worldwide 2021-2022 / DOMINICAN REPUBLIC | 3 environment where their fundamental rights are nationwide. It also serves as a framework to guide respected. each sector with planning its re-opening. • Equal pay is guaranteed for work of equal value, without gender or other form of discrimination, The guide indicates that government authorities and under the same conditions of capacity, may modify the protocols according to the efficiency and seniority. population’s primary health indicators as they evolve. 3. LEGAL FRAMEWORK The High-Level Commission for the Prevention and Control of the Coronavirus will publicise all Article 62 of the Dominican Constitution regulates information related to changes that arise in the the right to work. It stipulates that work is a right, protocols. Employers should immediately comply a duty and a social function exercised with the with such measures. State’s protection and assistance. It is an important purpose of the State to promote decent and The first steps are to routinely clean and disinfect remunerated employment. (at least every two hours) all surfaces frequently touched in the workplace, such as workstations, Law No. 16-92 (commonly called the “Labour keyboards, telephones, handrails and doorknobs. Code”) and Decree No. 258-92 (Regulation for the Application of the Labour Code) are the primary It suggests increasing ventilation levels, avoiding sources of law regulating labour relations in the low temperatures in offices and maintaining air Dominican Republic. conditioners (cleaning or changing the filter), by improving the percentage of outdoor air circulating Law 87-01 establishes the Dominican Social Security in the system. Installing high-efficiency air purifiers System to regulate and develop the reciprocal in closed or air-conditioned spaces, disabling finger rights and duties of the State and citizens, regarding clocks, markers and fingerprint access systems financing for the protection of the population in offices and processing lines will avoid cross- against the risks of disability, unemployment by contamination. advanced age, survival, illness, maternity and occupational hazards. The protocol recommends checking the temperature of each employee or client, using Regulation No. 522-06 on Hygiene and Safety digital infrared thermometers, before they gain at work, establishes the norms and procedures entrance to the company’s offices or premises. applicable to all branches of labour activity carried Employers should also ensure that the person(s) out in the national territory. taking the temperature of individuals entering the facilities wear gloves, masks or respirators, and 4. NEW DEVELOPMENTS when finished, wash their hands and arms properly. The employees who present symptoms associated Executive Power had to be used to regulate with the coronavirus must notify their supervisors. critical elements of the government’s response to Furthermore, they are required to stay at home, the COVID-19 pandemic, specifically, the Special seek medical assistance immediately, and do Protocol for Safety at Work to combat COVID-19 not return to work until they meet the criteria to and the elaboration of the Ministry of Labour suspend isolation, following a negative PCR test Resolution regulating telework. result in consultation with healthcare providers. A. ProtocoLs for COViD-19 Employees who are negative for COVID-19, but who have a sick family member at home must notify On 17 May 2020, the Ministry of the Presidency their supervisor, remain at home and, if possible, issued the General and Sector Protocol for Labour work remotely or perform other tasks with similar Reintegration. This document provides general and characteristics that the company requires. They sectoral protocols to be followed by all companies must eventually send their employer evidence EMPLOYMENT LAW OVERVIEW an alliance of employers’ counsel worldwide 2021-2022 / DOMINICAN REPUBLIC | 4 showing that the member of their nuclear family is no longer affected by the virus. Employers must insist on the need for their employees not to stigmatise people who are ill or suspected of having COVID-19, since this virus can spread to anyone and without them knowing it. Consider using video conferencing or teleconferencing when possible for work-related meetings and encounters. B. TELEWORKING RESOLUTION On 12 November 2020, the Ministry of Labour issued Resolution 23/2020 on work regulation as a particular modality of telework. This Resolution guarantees the minimum legal requirements for a telework contract. Following the Teleworking Resolution, the working hours must be previously agreed upon in writing and in compliance with the legal and conventional limits in force. The Resolution establishes that employees have the right to digital disconnection outside of working hours. The transition from the face-to-face mode to the telework mode must be done with the employee’s voluntary acceptance in writing. If the parties have signed the employment contract under the modality of face-to-face work, any party may request, within a pre-established period, to return to the modality of face-to-face work, unless it is impossible to fulfill this obligation for legitimate and justified reasons. The employer must provide the employee with the necessary equipment, including hardware and software, work tools and the support required to perform the tasks. The control systems implemented to protect the employer’s assets and information must respect the employee’s intimacy and privacy. Video cameras cannot be used to monitor teleworkers’ labour. EMPLOYMENT LAW OVERVIEW an alliance of employers’ counsel worldwide 2021-2022 / DOMINICAN REPUBLIC | 5 II. HIRING PRACTICES • Temporary residence application form, duly 1. REQUIREMENT
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