Legal question - maternity stuff

[eralc777]

Hi,
I need some legal advice and cant afford a lawyer so thought id ask here and pick peoples brains....

So, i am currently pregnant and hired by a school (I am a teacher) And before school finished i heard that our health insurance may not cover the summer break since they also decided not to pay us for that time too. So i asked my boss and she confirmed that it would definately cover me all throughout summer obviously as it is very important to me.

I went to the clinic today only to find out that the health insurance has been suspended as the payment wasnt recieved for it, leaving me with a large bill to pay.

Now.....im not too impressed....do i have the right to go in and demand that they pay for my insurance all over summer and for the rest of my pregnancy and my maternity leave? Or do they have the right not to cover me?

Also, can i also demand that money back off them?

Another thing, my boss told me that by law they arent allowed to cause any stress during my pregnancy and after all this happened and i was stinking mad, my usually perfect blood pressure was up.....can i use this to back up my case?

Thanks for anyone that an help.
I have read the Dominican work law document but it doesnt go into a lot of detail for maternity and contains no specifics about this certain situation.

[BushBaby]

I am unable to give you the LEGAL advice you require eralc777 but perhaps a gentle 'Tone Down the anger & demanding' might be helpful to you. If anyone came in DEMANDING to me, I would be a LOT less willing to help & meet their demands/rights than if they came in to DISCUSS things with me.

Did I read a couple of weeks ago that you had problems at the airport & the amount of tax you had to pay for overstaying your tourist visa? That would indicate you do not have Residencia & therefore the right to work here - is this true? If so, you really do not have ANY legal redress against your employer as far as I am aware.

I would recommend you go 'chat' with a lawyer & see what your rights would be as yu do not have Residencia. IF he/she feels you have a case, ask them to work Pro Bono & see what response you get. If they feel you do NOY have a case, then go see your employer cap in hand & find if you can negotiate a decent settlement to help you out of your financial plight!

Good Luck - M'thinks you are going to need it!! ~ Grahame.

[Chirimoya]

Did you get anything in writing? I made the mistake of trusting a verbal promise of this sort from a lying manager when I was pregnant, and it ended up costing me quite a lot in terms of stress and distress as well as $$$.

[eralc777]

Bushbaby - I dont want to demand the world. All i want is my health insurance covered as promised. And im pretty sure they have to provide that since i know they are legally responsible for me up until 3 months after the baby is born.

I know i dont have residency here but i know that living and working here - legal or not - still gives you the same rights as a dominican. The school arent following laws but having us work there without residency but they have a found a way around it.

[BushBaby]

Originally Posted by eralc777

Bushbaby - I dont want to demand the world. All i want is my health insurance covered as promised. And im pretty sure they have to provide that since i know they are legally responsible for me up until 3 months after the baby is born.

The fact that you 'DEMAND' in a country where 'Demands' are frowned upon is cause enough to give you hassle. My message was to tone the demands down quite a bit & work WITH the employers. Honestly ....... DEMANDING will just get you heavy resistence & ultimate rejection.

Originally Posted by eralc777

I know i dont have residency here but i know that living and working here - legal or not - still gives you the same rights as a dominican. The school arent following laws but having us work there without residency but they have a found a way around it.

Have you checked THAT with a lawyer?? You may have been told that by someone, you may FEEL as though you should have that right ......... But do you IN LAW?? It was not MY understanding that illegal residents of this country had the same rights as Dominicans. PLEASE check this with a lawyer as I would hate for you to go down a costly legal route only to find that you do not have a leg to stand on. OR, go check it with the Secretary de Trabajo near you & get THEIR interpretation of the law relating to non legal workers. I know you are NOT a Haitian but I know for a fact that those here working without the correct papers (Residency or permission to work papers) are forcefully ejected back to Haiti!

Be careful to check what you THINK are your rights against what are LRGALLY your rights. What some people tell you may just be their interpretation of the law & not hold any weight in a court of law. It would be a shame if your 'DEMANDING' brought the authorities to the conclusion you were here illegally & then had you deported!! ~ Grahame.

[rio2003]

Originally Posted by eralc777

I know i dont have residency here but i know that living and working here - legal or not - still gives you the same rights as a dominican. The school arent following laws but having us work there without residency but they have a found a way around it.

How can that be? It neither makes sense or sounds believable.......
and as for the school - 2 wrongs don't make a right, if you knowingly were working illegally I don't understand how you feel entitled to employment rights regardless of what you were told.
I am often told things in the DR but I tend not to believe them a lot of the time, I'm afraid......

Rio

[Ezequiel]

Originally Posted by BushBaby

I am unable to give you the LEGAL advice you require eralc777 but perhaps a gentle 'Tone Down the anger & demanding' might be helpful to you. If anyone came in DEMANDING to me, I would be a LOT less willing to help & meet their demands/rights than if they came in to DISCUSS things with me.

Did I read a couple of weeks ago that you had problems at the airport & the amount of tax you had to pay for overstaying your tourist visa? That would indicate you do not have Residencia & therefore the right to work here - is this true? If so, you really do not have ANY legal redress against your employer as far as I am aware.

I would recommend you go 'chat' with a lawyer & see what your rights would be as yu do not have Residencia. IF he/she feels you have a case, ask them to work Pro Bono & see what response you get. If they feel you do NOY have a case, then go see your employer cap in hand & find if you can negotiate a decent settlement to help you out of your financial plight!

Good Luck - M'thinks you are going to need it!! ~ Grahame.

Oh Lord! i feel sorry for your predicament, i hope you can sort it out.

It doesn't matter that you're working/living illegally in the DR, they should respect your human rights, and provide you with the medical insurance they promised you, no matter if you are American, European or Haitian.

I don't understand why you gave birth in the DR, Is your husband Dominican? otherwise your son/daughter won't be a Dominican Citizen at birth, you will have to register him/her in your country embassy.

And i think this is a lesson learned for you, go and get your legal papers, it's very easy to get it in the DR, nobody needs to sponsor you, do it yourself, so like that nobody will take advantage of you.

Go talk to your employers and let them know what had happened to you, maybe it was a mistake, and they don't know it yet.