In the Dominican Republic, unjustified dismissal continues to be a concern for thousands of workers who face the termination of their contracts without a valid cause.
Although the Labor Code offers clear protections, many employees do not know the legal steps they can take to defend themselves.
According to article 87 of the Dominican Labor Code, dismissal may be justified either unjustifieddepending on whether the employer presents a legitimate cause for the termination of the contract.
Justified causes include serious offenses such as violence, fraud, or breach of labor obligations. However, When the dismissal occurs without the worker having committed any fault, it is considered unjustifiedand the employee has the right to receive compensation such as notice, unemployment and other accumulated benefits.
What to do if you are unjustly fired?
Request formal explanation: The employer must notify the dismissal and his cause to the worker and the Labor Department within 48 hours.
Go to the Ministry of Labor: You can file a formal complaint to initiate the process of conciliation or labor demand.
Look for legal advice: A specialized lawyer can help you claim compensation and validate whether the dismissal was arbitrary.
Document everything: Save communications, contracts, receipts and any evidence that supports your case.
Labor experts point out that ignorance of the law and the fear of reprisals prevent many workers from claiming their rights. Therefore, it is recommended to know articles 87 to 95 of the Labor Code, which regulate the legal causes, procedures and consequences of dismissal3.
Labor stability is a fundamental right, and the Dominican legal framework seeks to balance the relationship between employer and employee. Faced with any dismissal, the most important thing is to act quickly, information and legal support.
| Article | Content |
|---|---|
| Art. 87 | Defines dismissal as the unilateral termination of the contract by the employer. It can be with or without just cause. |
| Art. 88 | List the justified causes of dismissal, such as serious offenses, violence, fraud, among others. |
| Art. 89 | It establishes that the employer must notify the dismissal and his cause to the worker and the Labor Department within the following 48 hours. |
| Art. 91 | If the dismissal has no just cause, the worker has the right to compensation for unemployment, notice and other accumulated benefits. |
| Art. 94 | Regulates the procedure to challenge dismissal before the labor courts. The worker can claim his rights if he considers that he was unjustly fired. |
| Art. 95 | Details the legal consequences for the employer in case of unjustified dismissal, including the payment of compensation. |
