Q. Hi Miss Alvarado, I’ve been reading your blog and I find it very interesting. I would like to take the opportunity to ask you about two things: 1. One of my employees will go through a surgery next month and will be unable to work during 25 days. I want to know if I still have to pay him during his license period or not. 2. What are the rights of a domestic worker according to the Labor Code in DR? JE
A. First of all, you do not have to pay him salary during his period of license. However, labor legislation in DR establishes that in the event of incapacity or death of the employee, the employer shall pay the employee, or his heirs, an economic assistance, depending on the period of time of his contract. You will have to pay him an amount of 5 days of salary if he have been working during a period of 3 to 6 months; 10 days of salary for a period of 6 to 12 months and 15 days of salary for over 1 year.
In the case of the domestics, they do not benefit from many of the provisions of the Labor Code. They are not subject to any regular work hours although every domestic must have a minimum of nine hours per day of uninterrupted rest and a weekly rest of 36 hours without interruption. Domestics do not have the right to receive severance pay when dismissed. However, domestics do have the right to two weeks of paid vacation a year after their first year at work and to receive a Christmas salary as regular workers do.
Because of the particularities of each case and the strong protection to the rights of the individual employee in DR, I strongly recommend you to personally contact a legal expert and explain him every detail of your cases.
Thank you for your questions and flattering words. If you have any other problem or would like to ask me anything else, don’t hesitate to contact me.