The Dominican Postal Institute (inposdom) was notified this Wednesday of an embargo act, based on judgment number 0030-1643-2022-SSEN-00226, issued by the Superior Administrative Court (TSA) in favor of Mr. Mervin Jiménez Familia.
The ruling issued by the Fifth Chamber of the Superior Administrative Court establishes, among other aspects, that the inposdom must pay 500,000 pesos to Jiménez Familia, for patrimonial responsibility in damages.
In this regard, lawyer Oliver Batía, who heads the Batía Ramos Legal and Investment Center, stated that this is the first sentence for non-compliance with vacation payments, out of a total of 20 career servers that we represent.
“They had been irregularly terminated and as such we agreed on their replacement on April 21, which was fulfilled, as well as the payment of wages not received, but the 20 have sued because they have not been paid their holidays”he added.
What is the embargo?
He explains in a press release that the embargo consists of withholding from institutional accounts the funds equivalent to the demandso if the plaintiff is not paid within the established period, the bank must automatically deliver in his favor for the double established in the sentence.
He pointed out that this is the first sentence of 20 lawsuits filed and that it is expected that with this precedent, the other 20 plaintiffs will also win in the same terms.
The bank accounts of inposdom They were seized by withholding act number 1145/2022, in accordance with the provisions of articles 148 of the Dominican Constitution and article 25 of law 107-13.
According to the statement, the act that supports the embargo is from the protocols of the ministerial Raudy Cruz Núñez, ordinary bailiff of the Labor Court, Second Chamber of the Santo Domingo province.
What the laws say about it
Article 148 of the country’s supreme norm refers: Civil liability. “Juridical persons governed by public law and their officials or agents shall be jointly and severally liable, in accordance with the law, for damages caused to natural or legal persons due to unlawful administrative action or omission.”
In that order, article 25 of Law 113-07 states: Processing and provisional measures. “The initiation of the procedure, whether ex officio or at the request of a party, obliges the Administration to process the procedure in its temporary order and resolve it within the established period and the power, in the cases established by the laws to adopt, reasoned and motivated, ex officio or at the request of a party, the provisional measures it deems pertinent to ensure the effectiveness of the resolution that, in the case, puts an end to the procedure”.
The inposdom agreed in April to reinstate 20 public servants, in addition to paying the wages they did not receive and vacation pay in 45 days, the latter violated for more than three months.
