Who's employee is it under DR law

[Mack]

If I sign a contract with a management company to look after my property i.e. arrange rentals, collect rents, clean my place, look after my garden etc. Is the gardener, maid, repairman my employee or the management company's employee under the law.
In other words can a management company set themselves up to circumvent the labor laws and leave me responsible for wages, Christmas salary, severance pay etc?
Thanks in advance for your opinions.
Mack.

[Mack]

I would appreciate a legal opinion on this is because I was told by my "management company" that the gardener etc., although supplied by them were my "employees" making me responsible for them under "DR law".
I was dumbfounded by this to say the least.
Mack

[b.batista]

If the management company sent you the employees and you pay them then they are your employees.
If they supply the employees and they pay them their salaries and you have a contract with them to provide the services accomplished by the employees then the management company is responsible, not you,

[Mack]

Thanks b.batista,
No. I pay the "management company"
They, in their words "distribute my employees'" wages on my behalf.
Keep in mind that I had never set eyes on "my employees" until they showed up on my property after being directed there by my "management company".
Also I would appreciate you informing me as to whether your opinion a legal one or a personal one.
Mack.

[Fabio J. Guzman]

Depends on the contractual relationship with the management company.

It is perfectly feasible for a management company to have its employees take care of your house without them becoming your employees.

[Mack]

Thanks Fabio,

Depends on the contractual relationship with the management company.
It is perfectly feasible for a management company to have its employees take care of your house without them becoming your employees.

Did you mean without them being the management companies employees? Because that's what I'm getting at. It would seem to me that they would be the management company's employees period. Or the employees of a company that the Management company hired to do work on my behalf. Never my employees.
The contract says that the management company will "Provide maid service....". "Oversee maintenance..." etc.
There's no mention as to who's employees they are. But I can't believe that they could be my employees.... or could they?????
Thanks,
Mack.

[sweetdbt]

Originally Posted by Mack

Thanks b.batista,
No. I pay the "management company"
They, in their words "distribute my employees'" wages on my behalf.
Keep in mind that I had never set eyes on "my employees" until they showed up on my property after being directed there by my "management company".
Also I would appreciate you informing me as to whether your opinion a legal one or a personal one.
Mack.

Is this wording in the contract? The bit about "your employees"? If that is in writing, I'm guessing they are, which is not good for you. If it's just something they told you, I would still be wary (which you clearly are). Those words seem VERY CAREFULLY CHOSEN to place responsibility for liquidacion, etc. on you.

[Mack]

There is no mention in the contract about anybody being my ("the owner's") employee. The only mention of employee in the contract states "In the event that the Management company's employee performs maintenance on the property the owner agrees to pay the bill". You see how that is still confusing?
What's the definition of an employee under Dominican law?
When I quoted that,

"They, in their words "distribute my employees'" wages on my behalf."

I meant that this was stated to me verbally.
Mack.

[Conchman]

who pays these employees? If the management company pays them, they are their employees, if you pay the employees, they are your employees. However, if you pay your management company based on the hours or salaries of the employees, you could get into a scary grey area. This is not legal or personal opinion but my experience on how the law is enforced here.

[Mack]

Thanks Conchman that's what I've been waiting to hear.....

who pays these employees? If the management company pays them, they are their employees, if you pay the employees, they are your employees.

But wait a minute....then you went and spoiled it (from my point of view). Please don't take offence. I appreciate your input.

However, if you pay your management company based on the hours or salaries of the employees, you could get into a scary grey area. This is not legal or personal opinion but my experience on how the law is enforced here

Understand I hired the management company and in their contract they state that they will "Provide maid service". You see how that says nothing about who the maid service is, how they are paid or who's employees they actually are?
Lets put it this way I've spent most of my life split between the UK and Canada now the DR. And I'm no spring chicken.
In the UK or Canada if your company is, handing out paycheques, witholding taxes, social security, unemployment, workers compensation contributions, etc etc.... It's your company's employee period. No IFS ANDS OR BUTS about it.
So what I'm asking is...
What's the qualifing factors here in the DR?
Does anybody know?????
Mack.