Latest updates in labor regulations in Dominican Republic

There have been no recent changes to the majority of the labor code.   Domestic employees were added a couple of years ago, that effects expats more than anything else.

Currently the government committee is meeting to try to "update" the labor code here. What we have is heavily weighted in favor of employees! Many years ago there was ample reason for this  protection, those things have changed a lot!    It is also very complicated for no reason.

As an employee - the labor code says you are protected regardless of your legal status. IF something happens the employer can be held liable for your legal status.

As an employer - its my responsibility to make sure my employees are legal and stay legal. That is why over the last  5 to 6 years it has become almost impossible to get a job if you are illegal.  These comments do not apply to illegal Haitians who do the bulk of construction and agriculture jobs.

There is quite an onerous calculation if a company wishes to fire an employee, downsize or lay off an employee. We have no system of  unemployment insurance or assistance, its included in the  Liquidation calculation that needs to be made.  Even if an employee deserves to be fired it still onerous! 

To give advice or detailed info about the labor code is very difficult and would be almost  counter productive without great detail!  One small detail can change it all.  Labor lawyers are everywhere but finding a good one  can be tough. I have always had one of the best on retainer!

Liquidation is calculated in  4 parts

1. Notice period -  determined by time on the job
2. Cesantia - an amount that is intended to help you until you find a new job. It can be huge as it is determined by last  12 months of salary and duration on the job.
3. Vacation pay - any owed but not taken vacation,  restricted to last 12 months
4. Christmas Regalia / 13th pay -  pro rated amount of your Christmas pay.

Those make up the calculation but are subject to a bunch of rules!