DOMINICAN REPUBLIC Law and Practice Contributed by: Sarah de León Perelló, Elizabeth Silfa Micheli and Naomi Rodríguez Manzueta, Headrick Rizik Álvarez & Fernández
4.3 Working Time Working Hours
Generally speaking, termination of the employment contract is divided into two groups in the case of indefinite term agreements: termination without cause; and termination with cause. • Termination with cause: termination by the uni - lateral decision of the employer is justified if the employer is able to prove the existence of a just cause as defined by the Labour Code. Otherwise, termination of employment is considered unjusti - fied, and the employer is required to pay severance as described below. • Termination without cause: any of the parties in an employment contract has the right to end a con - tract for an indefinite time via advance notice to the other and without alleging cause. When the employer exercises their right of dismissal without a cause, it has ten days to pay the worker sev - erance (advance notice and severance) as provided by the Labour Code, plus other acquired rights, as follows: • advance notice; • severance pay; • mandatory Christmas bonus; • compensation for vacation, if applicable; and • a profit bonus, within 120 days of the closing of the fiscal year. 4.5 Employee Representations It is not mandatory for employees to be represent - ed by someone other than themselves. In principle, employees do not have to be informed or consulted by management with respect to decisions regarding the company’s operations. However, if decisions that may affect employees’ working conditions are to be taken, the employees must be informed of such deci - sions. Employees have the right, but not the obligation, to unionise for the representation of their professional interests within their workplace, and employers may not restrict the right of workers to join or refrain from joining a union, or to withdraw from a union to which they belong. The exercise of the right to unionise is an individual prerogative of each worker.
There is a maximum working time applied to salaried employees. The working week will end at 12pm on Saturday, and, in principle, it must not exceed eight hours per day or 44 hours per week, except for the exceptions provided via resolution of the Minister of Labour. The aforementioned general rule is not applicable (unless agreed otherwise) to the following workers: • those that act as representatives or agents of the employer; • those that are appointed to management or inspection positions; • those that work in rural establishments run by members of a same family or one person; and • those who perform intermittent activities or activi - ties that solely require their presence in the work - place. Workers are not allowed to remain for more than ten hours a day at their place of work. In addition, after four hours of continuous work, there must be a rest period of one hour, and after five hours, a rest period of one and a half hours. All workers have the right to an uninterrupted weekly rest of 36 hours. Overtime The employer must pay 35% over the normal wage for overtime between 44 and 68 hours per week and 100% for overtime surpassing 68 hours per week. The working day may be extended, but only to the extent necessary to avoid a serious disturbance to the normal operation of the employer’s company, in the cases specified by the law. 4.4 Termination of Employment Contracts Dominican labour law can be considered an “employ - ment at will” jurisdiction, as it allows unilateral ter - mination without cause by either party in indefinite term agreements but establishing the payment of severance and acquired rights when effected by the employer.
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