DOMINICAN REPUBLIC Law and Practice Contributed by: Carlos Hernández Contreras, Hernández Contreras & Herrera
1. Employment Terms 1.1 Employee Status
require several months of implementation; and training in the use of a new operating system, which is expected to last only several months. The most common sector in which this contract is used is housing construction. • Contract for annual seasonal work (Article 29 of the Labor Code) – this contract is used for work that is repeated each year on a scheduled date depend - ing on the rhythm of the seasons (fruit picking during the agricultural harvest) or depending on the rhythm of the company’s commercial activities (Christmas season in retail; “high” tourist season in the hotel sector). • Fixed-term employment contract (Article 33 of the Labor Code) – this contract is basically used to replace employees on sick leave, vacation, or temporary disability, or when it is in the interests of the worker. • Contract for accidental and temporary needs (Arti - cle 32 of the Labor Code) – used “when the work is intended to temporarily intensify production or responds to accidental circumstances of the com - pany, or its need ceases at a certain time.” 3. The third category of employment contracts are the so-called special employment contracts, which are subject to a special regime applicable to each one: • agricultural workers; • home workers; • domestic workers; • those relating to maritime transport; • the work of minors; • those relating to vocational training, apprentices and trainees; • those relating to disabled persons; and • those relating to flight crew in air transport. All employment contracts that are not for an indefi - nite period must be in writing. In the case of foreign employees, the Ministry of Labor will require that the contract be in writing, even if the relationship is for an indefinite period; otherwise, a work visa will not be issued. 1.3 Working Hours The “normal working day” applies to most employment contracts, except for persons and positions expressly
The law in the Dominican Republic (DR) makes no dis - tinction between white-collar workers and blue-collar workers. Both groups are given the same treatment, except for overtime. Those in managerial and super - visory positions are not entitled to overtime. 1.2 Employment Contracts There are three categories of employment contracts. 1. The permanent employment contract, which applies to so-called permanent employees of any company, and its main distinguishing feature is that it has no end date, and its second distinguishing feature is that it is more expensive (for an employer) than all other types of contracts, because it ultimately entails the payment of employment benefits (notice and severance pay) to the employee. In addition, during its term, it entails the payment of certain rights that are not present or are conditional in other employment contracts: vacation, Christmas bonus, and profit sharing. 2. The second category corresponds to so-called fixed-term employment contracts (also called “fixed- term” or temporary contracts), which are characterised by the fact that when they are agreed upon, the date or event that will lead to their termination is known. Therefore, in these employment contracts, when they end, the employer is not obliged to pay employment benefits (advance notice and severance pay) or the financial assistance provided for in Article 82 of the Labor Code. In addition, during the term of these con - tracts, there are rights that are not provided for or are conditional: the vacation entitlement provided for in Articles 179 and 180 of the Labor Code does not apply; the profit sharing provided for in Article 223 of the Labor Code does not apply; the Christmas bonus only applies if the contract exceeds six months; and annual vacations only apply if the contract extends to one year. These contracts are commonly referred to as “temporary” and are as follows. • Contract for specific work or service (Articles 31 and 72 of the Labor Code) – this contract is used for specific work or service in a temporary project. For example, the installation of software that will
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