DOMINICAN REPUBLIC Law and Practice Contributed by: Sarah de León Perelló, Elizabeth Silfa Micheli and Naomi Rodríguez Manzueta, Headrick Rizik Álvarez & Fernández
• those who perform intermittent activities or activities that solely require their presence in the workplace. Workers are not allowed to remain for more than ten hours a day at their place of work. In addi - tion, 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 week - ly 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 distur - bance 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 “employment at will” jurisdiction, as it allows uni - lateral termination without cause by either party in indefinite term agreements but establishing the payment of severance and acquired rights when effected by the employer. Generally speaking, termination of the employ - ment 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 unilateral decision of the employer is justified if the employer is able to prove the exist - ence of a just cause as defined by the Labour Code. Otherwise, termination of employment
is considered unjustified, and the employer is required to pay severance as described below. • Termination without cause: any of the par - ties in an employment contract has the right to end a contract for an indefinite time via advance notice to the other and without alleg - ing cause. When the employer exercises their right of dis - missal without a cause, it has ten days to pay the worker severance (advance notice and sev - erance) as provided by the Labour Code, plus other acquired rights, as follows: • 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 repre - sented 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 employ - ees must be informed of such decisions. Employees have the right, but not the obliga - tion, 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 with - draw from a union to which they belong. The exercise of the right to unionise is an individual prerogative of each worker. • advance notice; • severance pay; • mandatory Christmas bonus;
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