DOMINICAN REPUBLIC Law and Practice Contributed by: Carlos Hernández Contreras, Hernández Contreras & Herrera
sible to maintain the contractual relationship, that is, that it damages the existing relationship between the employee and the employer, even if it does not cause any particular harm to the latter.” “Not every misconduct on the part of the employee is a legal cause for dismissal. The misconduct attribut - able to the employee and justifying dismissal must be serious and inexcusable.” The misconduct justifying dismissal must be serious. It is the express purpose of labour law to ensure, as far as possible, stability in the employment relationship; therefore, the facts that may justify the termination of that relationship must always be of a serious nature. That is, “that makes it impos - sible for the relationship” between the parties to con - tinue, or “that makes it impossible for the employer and the worker to continue working together.” If the employer fails to notify the dismissal to the employee within 48 hours, or if, even within 48 hours, it does not indicate the cause, or if, having correctly notified the dismissal, it fails to prove the misconduct committed by the employee, it shall be obliged to pay severance pay, six months’ salary, and legal costs. 8.2 Anti-Discrimination Fundamental Principle VII of the Labor Code states: “Any discrimination, exclusion, or preference based on sex, age, race, colour, national origin, social ori - gin, political opinion, union membership, or religious belief is prohibited, except as provided by law for the protection of the worker. Distinctions, exclusions, or preferences based on the qualifications required for a particular job are not covered by this prohibition.” The burden of proof lies with the person making the claim. 8.3 Digitalisation Both the law and case law have validated emails and WhatsApp messages as valid forms of evidence, as well as videos and recordings.
The employer is authorised to access corporate emails, which are considered work tools, but not the employee’s personal emails. The employer is authorised to have video cameras in the workplace, except in private areas such as bath - rooms. The employer is authorised to install GPS systems in vehicles assigned to employees. 9. Dispute Resolution 9.1 Litigation There are specialised labour courts. There are no class actions in the country. In theory, employers and employees are entitled to appear in court and defend themselves. However, no one does so, and everyone seeks the assistance of a lawyer, given that the process is quite complex and any mistake or failure to meet a deadline could be fatal. The Ministry of Labor offers free legal assistance, but very few people use it, as people prefer to hire their own lawyers. 9.2 Alternative Dispute Resolution Arbitration is possible. However, it is only possible after the employment contract has ended. It cannot be agreed upon or provided for at the start of the con - tract. 9.3 Costs Attorneys’ fees and legal costs are borne by the party that loses the case in court, whether it is the employer or the employee.
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