DOMINICAN REPUBLIC Law and Practice Contributed by: Sarah de León Perelló, Elizabeth Silfa Micheli and Naomi Rodríguez Manzueta, Headrick Rizik Álvarez & Fernández
contravene the Labour Code. An employment agreement does not have to be in writing (except for labour agreements for a determined period of time or for a specific project), but proven by the facts, which is what prevails. Dominican labour law is territorial and applies to all employees that work in Dominican territory, whether they are foreign or national, even if they Collective bargaining agreements may estab - lish more favourable conditions for the work - ers, which are deemed to be included in and automatically modify the individual employment contracts. 4.2 Characteristics of Employment Contracts Employment agreements can be concluded verbally or in writing. Labour agreements for a determined period of time or for a specific pro - ject need to be executed in writing. Pursuant to the Dominican Labour Code, an employment contract is one whereby a person undertakes to render a personal service to another, under their immediate or delegated dependence and direc - tion, in exchange for a remuneration. The duration of employment contract is regu - lated as follows: have been hired in a foreign country. Collective Bargaining Agreements
it and/or under the conditions foreseen by the Dominican Labour Code. The existence of an employment contract is pre - sumed (until proven to the contrary) in any per - sonal employment relationship. The employment contract may be purely consensual in nature, the validity of the verbal agreement is established by law, and practice is consistent with this cri - terion since the simple agreement of the parties is sufficient for an employment relationship to take place. Under the Labour Code what prevails are the facts over what is in writing; thus, what prevails is not the employment contract that is made in writing, but the one that is executed according to the facts, which will allow the establishment of the nullity of any contract in which the parties have proceeded in simulation or fraud of labour laws. 4.3 Working Time Working Hours 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 applica - ble (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
• for an indefinite time; • for a limited time; or • for a specific job or service.
All labour contracts are presumed to be made for an indefinite time period. Contracts for a limited time and for a specific job or service can only be entered into when the nature of the work requires
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