Santo Domingo.- Even though there is no agreement on severance pay, the proposed reform to the Labor Code will be submitted in 10 days, assured President Luis Abinader.
“We plan to submit it to Congress within a week. There have been many positive advances for both sectors. If consensus is not reached within that week, it will be left for another reform,” the president emphasized.
The Head of State expressed himself in these terms in «The Weekly with the Press»when approached by journalists regarding the possibility of excluding the right to severance pay in the amendment to the Labor Code.
The turning point
The Dominican Labor Code establishes the right to severance pay for workers when their employer orders their dismissal, that is, when their services are terminated. without this one having incurred any fault that warrants the cessation of their work.
In recent years, appearance has been the element that puts labor reform in jeopardy, given the possibility that it could be eliminated.
The workers are asking that their layoffs be maintained.
On your side Gabriel Del Rio Done, President of the Autonomous Classist Trade Union Confederation (CASC), stated after the press conference that the right to severance pay will remain intact in the proposal, which he described as an achievement.
Proposed labor reform includes increased vacation and paternity leave
“We believe it is important to maintain this right as it is in the Labor Code. Therefore, in this proposal that will be submitted by the president, it will be submitted to the National Congress, the severance pay will not be included. The severance pay will remain as it is,” he said.
But what? does the current Labor Code establish?
This is exactly how stable the code is:
Art. 80.- The employer who exercises the eviction must pay the worker severance pay, the amount of which will be set in accordance with the following rules:
1. After continuous work of not less than three months nor more than six, a sum equal to six days of ordinary salary;
2. After continuous work of not less than six months nor more than one year, a sum equal to thirteen days of ordinary salary;
3. After continuous work of no less than one year and no more than five, a sum equal to twenty-one days of ordinary salary for each year of service rendered;
4. After continuous work of not less than five years, a sum equal to twenty-three days of ordinary salary, for each year
of service provided.
Any fraction of a year, greater than three months, must be paid in accordance with paragraphs 1 and 2 of this article. The calculation of the severance pay corresponding to the years of validity of the worker’s contract prior to the promulgation of this Code, will be based on fifteen days of ordinary salary for each year of service rendered.
Abinader announces proposal for modernization and updating of the Labor Code
Art. 81.- Severance pay must be paid even if the worker immediately goes on to work for another employer.
