Domestic worker wants to quit do we pay liquidation ??

Geert · #1 10-13-2006, 03:02 PM

Our live in domestic worker has decided to quit his job.
He has asked for money, RD$20-30,000.
The way I understand the Labour law, Domestics do not benifit from the labour laws, but I am not totally sure.
Do I have any obligation that I am not aware of?

Period of work: 3 1/2 years
Type of work: Cleaning and cooking
Salary: RD$4,000 monthly

Thanks for any help,
Geert

Ken · #2 10-13-2006, 03:09 PM

He's quitting, not be fired. Makes a big difference. My suggestion is to pay him what you owe him for work done.

HOWMAR · #3 10-13-2006, 03:10 PM

It is my understanding (confirmed by Fabio Guzman in http://dr1.com/legal/business/Labor_Law.doc) that a Domestic Employee would only be entitled to any unused vacation and Christmas bonus due.

HOWMAR · #4 10-13-2006, 03:12 PM

Quote:

Originally Posted by Ken

He's quitting, not be fired. Makes a big difference. My suggestion is to pay him what you owe him for work done.

Even if he is quitting, he is entitled to accrued vacation and Christmas bonus.

Ken · #5 10-13-2006, 05:03 PM

Howmar, I was thinking only of severance since that is the big one usually.

Geert · #6 10-13-2006, 06:11 PM

So the way I understand it we owe him:

10/12th or 83.3% of Xmas pay, 83.3% of Vacation pay plus first two weeks of October.

Salary 4,000

Xmas pay 4,000
Vacation pay 2,000
6,000 x 83.3% = 5,000
First two weeks of October 2,000

Total owing 15 October RD$7,000

Does that sound right?

Geert

HOWMAR · #7 10-13-2006, 06:27 PM

Sounds right. The only hitch might be if they claim that the salary you have paid has been diminished by your taking credit for room and board, which allows you to pay less than minimum wage. Too many Dominican lawyers around to predict what the answer may be to that.

jackieboo · #8 10-13-2006, 07:46 PM

Did the person do a good job for you during the past 3.5 years? This should be the question in my opinion. If the person was a bum then go by the book and be an arse.

Other wise cough up the $900.00USD and get some good Kharma.

Berzin · #9 10-13-2006, 08:06 PM

Quote:

Originally Posted by jackieboo

Did the person do a good job for you during the past 3.5 years? This should be the question in my opinion. If the person was a bum then go by the book and be an arse.

Other wise cough up the $900.00USD and get some good Kharma.

Easy to say when its' not your money.
Karma is not something anyone should have to pay for. It is obvious, even without me knowing the law, that this guy is just trying to swindle hi ex-employee.
Would he try this crap if he were working for a dominican? Probably not because he would know better.
You are also implying that if he goes by the book on this matter he is an arse. In a country that has problems upholding its own laws, I'd say see a lawyer and go with what is legally binding. **** the servant and **** the karma.

jackieboo · #10 10-13-2006, 10:10 PM

Quote:

Originally Posted by Berzin

Easy to say when its' not your money.
Karma is not something anyone should have to pay for. It is obvious, even without me knowing the law, that this guy is just trying to swindle hi ex-employee.
Would he try this crap if he were working for a dominican? Probably not because he would know better.
You are also implying that if he goes by the book on this matter he is an arse. In a country that has problems upholding its own laws, I'd say see a lawyer and go with what is legally binding. **** the servant and **** the karma.

Why is it obvious that the guy is scamming? Why don't you let the OP answer?

What is this 'servant' thing. The 'servant' IS a human that happens to work for someone. If the OP has enough money to have a 'servant' then I doubt he's destitute.