social security

[cruzan]

my builder said i needed to pay for social security in order to build a house...can anyone tell me what that is

[HOWMAR]

Are you paying the laborers or is he?

[cruzan]

i don't know--i assumed he was...yeah the obvious of ASSume. i guess that means I am paying the laborers????if so, the cost of the house should be a LOT less

[HOWMAR]

You just want to make sure that he is the employer, not you. The last thing you want is to get involved in situation concerning Dominican Labor Law.

[HOWMAR]

See this thread concerning somebody who made him the employer without his knowledge. Casual Labour

[cruzan]

i really appreciate bouncing this around. obviously there is a lot to think about here. i want to make sure in a contract that it says i am not the employer...right??? sounds natural to me...really , really appreciate this web-site and you people educating me...thank you very much

[HOWMAR]

I think that is correct.

[Alfredo Guzman]

Originally Posted by HOWMAR

I think that is correct.

Make sure you get your own lawyer to prepare your contract. Don't go ahead and start building with a self-made one or the one given to you by the builder.

You should also be aware, that even if the contract explicitly states that you would not be the employer of the workers, if during the construction you start paying (hiring/firing) the workers directly or go into the construction everyday giving out orders to everyone (some people think they know more than their own builders, it happens- leads to subordinate link) you could be held liable for employee compensation in the case of a lawsuit. This is based on the reality principle of Dominican Labor law: What the judge believes is what was actually happening (from witnesses and the own employee's declarations) in the contractual relationship during the building process is what would be held as true and would be the basis of their decision, overlooking any valid signed contracts that in other cases would have proven the contrary.