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October 11, 2024
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Labor reform: These are the 13 reasons why your contract can be suspended

Reforma laboral: Estos son los 13 motivos por los que pueden suspender tu contrato

The Executive Branch, through the Ministry of Labor, deposited this Thursday before the Senate of the Republic, the bill to modernize and update the Labor Code.

Within the proposal, article 51 of Law no. 16-92, of May 29, 1992, which establishes the causes for suspension of the effects of the employment contract.

Below we present them to you:

  1. The mutual consent of the parties;
  2. Maternity leave for working women, as provided in article 236;
  3. The fact that the worker is complying with legal obligations that make it temporarily impossible for him to provide his services to the employer;
  4. The fortuitous event or force majeure, as long as it has the necessary, immediate and direct consequence of the temporary interruption of the work;
  5. The detention, arrest or preventive detention of the worker, which makes it impossible for him to perform his duties, without prejudice to the provisions of article 88 ordinal 18;
  6. The illness of the worker that temporarily renders him unable to perform his duties;
  7. The work accident when it temporarily renders the worker unable to perform his or her duties;
  8. The lack or insufficiency of raw materials as long as it is not attributable to the employer;
  9. Lack of funds for the normal continuation of work, if the employer fully justifies the impossibility of obtaining them;
  10. Excess production in relation to the economic situation of the company and market conditions;
  11. The unaffordability of operating the company;
  12. Strikes and qualified legal strikes;
  13. The provision of the health authorities that restricts or limits attendance at the employer’s facilities.”

About the presentation of the proposal:

Luis Miguel De Camps, Minister of Labor, highlighted that, after more than 100 work sessions of the Labor Advisory Council, the Legal Technical Table and tripartite meetings, the Dominican Republic will have a modern law, which will strengthen the rights of workers and employers, with greater generating capacity of jobs and increased productivity and competitiveness.

When delivering the document to the president of the SenateRicardo de los Santos, De Camps highlighted that with this new legislation the Ministry of Labor will also have greater capacity to comply with labor regulations.

“What we are depositing here is the product of consensus between workers and employers. Now it is up to Congress to make what was agreed a reality and modify this law, which is more than 30 years old, to provide the country with modern regulations in line with the expectations of workers and employers,” the official highlighted.

De Camps declared that, with this labor reform, a step is taken towards modernizing the regulations, incorporating new rights, recognizing existing ones, expanding others and, above all, strengthening the Ministry of Labor so that it has greater capacity to enforce the law. labor legislation.

For the Ministry of Labor, present at the activity, Oliver Carreño, Legal Director^; Javier Suárez, Advisor on labor matters and for the Senate, Odalis Rafael Rodríguez Rodríguez, Senator for Valverde; Dagoberto Rodríguez Adames, Senator for Independence; Guillermo Lama, Senator for Bahoruco and Daniel Enrique De Jesús Rivera, Senator for Santiago.

Read more: Government deposits labor reform project before the Senate

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