New Hires, Do they have a waiting period?

[richmex]

My question is that when you hire a new person, is there a 30 day window, before you go and do all paperwork? I have been told that there is a waiting period of 30 days, before you make your decision, is that true? and also if you accept that person, can you continue that person on a contract for lets say 3 months at a time. Thanks for your imput.

[GringoCArlos]

They have a 90 day period before severance kicks in. After that, you will owe employees severance and benefits. I always started my employees on a base wage, and told them that at the end of 90 days, if I was happy they were there, and if they were happy they were there, I would give them a raise. This seemed to work out for me, and I always knew who would last and do the work I needed to be done. The raise at 90 days seemed to make them feel secure too, and motivated.

Possibly the single best thing you can do right now richmex, is to buy a copy of the Labor Code, (a book of about 300 pages) and then spend an afternoon reading and studying it. It will tell you all the rules and benefits that DR employees are entitled to, and proper preparation is key here. Knowing the Labor Code will save you many headaches down the road. You can get this book at either the Secretary of Labor or in the major stores like La Serena's book section for less than RD$300.

[Rocky]

To answer your question, as best as I can, I am always told by the powers that be that I should register every new employee, the moment they start.
That seems ridiculous to me, as it can sometimes take a few days to establish that they like the job, and that we are satisfied with their performance.
30 days is exactly the time frame that we allow ourselves to wait before doing all the paper work.
Whether it is 100% legal, I don't know, but I do believe it is.
As mentioned above, the Codigo De Trabajo" book will come in very handy.

[MrMike]

The main problem you may run into IMO is with the new social security and health care program. If one of your employees has a major health issue and wants to get it taken care of via the new health program, you may be liable for their medical expenses if you have put off getting them registered.

That said, I generally wait 2-3 weeks to register my new employees, because so many of them leave very quickly and getting them out of the system has been a hassle in the past.

So far we have not had any major issues. It is a calculated risk not to register them right away but so far just doing the best we can seems to be working.

[Rocky]

Originally Posted by MrMike

The main problem you may run into IMO is with the new social security and health care program. If one of your employees has a major health issue and wants to get it taken care of via the new health program, you may be liable for their medical expenses if you have put off getting them registered.

That said, I generally wait 2-3 weeks to register my new employees, because so many of them leave very quickly and getting them out of the system has been a hassle in the past.

So far we have not had any major issues. It is a calculated risk not to register them right away but so far just doing the best we can seems to be working.

Yup.
That's how I see it too.
Like all dominican rules/laws, they get bent for better results.

[GPV]

Gringocarlos is the only accurate reply. The Labour Code gives you 3 months as a test period. BEFORE the 3 months are over you need to tell the person weather you'll hire her or not, otherwise you'll have to pay. Now, with women you have to be especially careful since you cannot fire a pregnant woman from the getgo. So to better protect yourself you can ask your potential new employee to bring you a pregnancy blood test done on the day before she'd start working for you. This isn't exactly legal but many companies require it nowadays.

[MrMike]

We're not talking about severance here, we're talking about social security. You most definitely do NOT have 3 months to comply.

[Rocky]

Originally Posted by GPV

Gringocarlos is the only accurate reply. The Labour Code gives you 3 months as a test period. BEFORE the 3 months are over you need to tell the person weather you'll hire her or not, otherwise you'll have to pay. Now, with women you have to be especially careful since you cannot fire a pregnant woman from the getgo. So to better protect yourself you can ask your potential new employee to bring you a pregnancy blood test done on the day before she'd start working for you. This isn't exactly legal but many companies require it nowadays.

Actually, you are mistaken.
The OP asked the following.

My question is that when you hire a new person, is there a 30 day window, before you go and do all paperwork?

The question has been answered, that the paperwork is required immediately, but virtually nobody does it until they have had the opportunity to see that the employee is "working out".
The question is NOT the time frame necessary to make an employere eligible for benefits.

[GPV]

Originally Posted by Rocky

Actually, you are mistaken.
The OP asked the following.
The question has been answered, that the paperwork is required immediately, but virtually nobody does it until they have had the opportunity to see that the employee is "working out".
The question is NOT the time frame necessary to make an employere eligible for benefits.

What are you talking about??? the new employee will be included in the DGT-3 form once the employer decides to permanently hire him and for that decision he has 3 MONTHS!!!!

[Rocky]

Originally Posted by GPV

What are you talking about??? the new employee will be included in the DGT-3 form once the employer decides to permanently hire him and for that decision he has 3 MONTHS!!!!

Mr Mike has already explained it to you, as have I, but I will try one more time.
The OP wants to know when a new employee needs to first registered, and if you think that it is after the 3 month "trial" period, you are sadly mistaken and liable for trouble with the authorities.
Seguros Social demands them to be registered from the get go.