If a Dominican employee is not performing...

[Marciana]

My sister lives in the Dominican Republic and is currently working for a US Company that has informed her she is not performing the way she should. She has been written up twice but now probably want to fire her.
Is there any Labor Code in the Dominican that says that if an employee is not performing well can they get written up and then get fired? or is there anything such as severance pay even though they get fired?
She says Quality Assurance has spoken with her and has informed her she is not doing a good job .. Please help! what can she do?

thanks,

Marciana

[HOWMAR]

An action must be taken by an employer within 15 days of an occurrence of fault by the employee. If they wrote her up for something and don't act on it within 15 days, they cannot use it as a reason to terminate for cause.

How long has she been with the company will determine if she is eligible for severance (liquidation).

Non-performance is subjective as a reason for termination. If she is chronically absent or late, that is a reason to terminate for cause. If she is just not doing a good job, probably not (especially an American company trying to hold a Dominican to its standards.).

[MommC]

Seems to me that if an employee is not performing to standards for thier position and has been written up twice and still isn't up to speed the employer SHOULD be terminating the employment.
Employers are NOT in the business of providing jobs for incompetent workers!

[Rocky]

What's this world coming to?
An employee is not doing satisfactory work, and she challenges the right of the owners of the company to terminate her, and would like to be compensated.
I want me one of those jobs that I can't do and suck at, where they can't fire me, or if they do, they had better pay me off, big time.

[HOWMAR]

That's why it is incumbent on the employer to make the working conditions and compensation attractive to the employee so that he is less likely to try to get liquidated. The Labor Code gives the employer 90 days to determine if the employee is capable of doing the work without incurring any liability. After that it becomes "he said, she said". The Labor Code specifically states that if facts are in dispute, the issue will be decided in the employee's favor. Performance becomes a very subjective issue. The employer will state the employee is not doing his job. The employee will state he is being required to do work up to unreasonable standards he can't attain. A judgment call for the Labor Department. If it were easy to terminate for poor performance in the DR without liability, the employers would never have to pay liquidation.

[jalencastro]

Originally Posted by Rocky

What's this world coming to?
An employee is not doing satisfactory work, and she challenges the right of the owners of the company to terminate her, and would like to be compensated.
I want me one of those jobs that I can't do and suck at, where they can't fire me, or if they do, they had better pay me off, big time.

when you find that job let ME know! LOL
maybe i'll move to DR and look for 'hard' work! LOL

Jaime

[Robert]

Originally Posted by Marciana

She says Quality Assurance has spoken with her and has informed her she is not doing a good job .. Please help! what can she do?

thanks,

Marciana

Go find another job or fix whatever she is doing wrong.

[johne]

Originally Posted by Marciana

My sister lives in the Dominican Republic and is currently working for a US Company that has informed her she is not performing the way she should. She has been written up twice but now probably want to fire her.
Is there any Labor Code in the Dominican that says that if an employee is not performing well can they get written up and then get fired? or is there anything such as severance pay even though they get fired?
She says Quality Assurance has spoken with her and has informed her she is not doing a good job .. Please help! what can she do?

thanks,

Marciana

I get the feeling that you are trying to apply "labor code" , litagation, discrimination, b.s.etc that TOO many people try here in the USA to your sister's situation. Get over it! If your sister is not doing her job she should "hit the road Jack" or in her case pound the calle.
P.S. and I'm not sorry if you think I'm harsh. It's just all the years I put up with it here in NY.

[Marciana]

I appreciate your answers this has helped me! your are great!!

[johne]

Originally Posted by Marciana

I appreciate your answers this has helped me! your are great!!

Hope you included me in your thanks--if so I owe you a debt for my venting session.
john