Written by: DR. CARLOS CONTRERAS HERNÁNDEZ
specialist in labor law 1. I work in a shop that carried forward to the east, understood Santo Domingo province. Did the workshop have or not have to pay the employment benefits if the change is made?, since the change affect me since I live in the National District
specialist in labor law 1. I work in a shop that carried forward to the east, understood Santo Domingo province. Did the workshop have or not have to pay the employment benefits if the change is made?, since the change affect me since I live in the National District
The law says that "the employer is entitled to make the changes necessary [... ] provided that such changes do not mind an unreasonable exercise of that power "(Art. 41 of CT), and also says that the change could mean that the worker even changes his residence, whether the change is" justified and does not cause harm to the employer "(Ord. No. 9 of Section 97 of CT).
Based on these texts, and in Article 40 of the CT, which empowers it to make changes "in response to business purposes and production requirements, the employer is entitled to move their business, and if this transfer affects the contractor (s) of work on one or more employees must agree on compensation palliative.
You could plant your employer following the transfer of the workshop you will have to spend X amount daily transportation to the province Distrito Nacional SD, and propose that an increase is applied taking into account the new cost.
If your employer does not agree with this proposal, you could quit (terminate the contract), alleging violation of all CT items mentioned above. This resignation will mean you will be without jobs and eventually, after a trial in court work, judges could recognize in their favor the payment of employee benefits plus six months' salary, including additional compensation. That means bringing a lawsuit that could take one to two and a half years or longer.
2. I want to know if employees of a municipality can demand payment for their labor services to be fired.
Yes, they can sue in restitution if an employee "career" (paragraph 3 of Article 59, Law 1941-1908) and payment of a so-called "compensation" (Art. 64, Law 1941-1908). The Supreme Administrative Court is the competent but must be exhausted before a conciliatory phase (Articles 15 to 17, Law 1941-1908).
3. What's true or not to household benefits are not paid?
A domestic servants, they can only Christmas and holiday pay, no employment benefits.
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