ARTICLE
4 October 2023

Suspension Of Work For A Day And A Half Due To Storm "Franklin"

LG
L&E Global

Contributor

L&E Global logo
L&E Global is spanning the globe and our member firms are ideally situated to provide clients with pragmatic, commercial advice necessary to achieve their objectives, wherever they operate. L&E Global’s members work closely with corporate, legal, human resources departments and corporate executives across a variety of sectors and industries to address the strategic and tactical issues that arise in the workplace
Due to the lashes of storm "Franklin" throughout the country, through Decree 380-23 of 21 August 2023, the Dominican Government ordered a "suspension of work," according to Law 147-02, of 9/13/2003...
Dominican Republic Employment and HR

Due to the lashes of storm "Franklin" throughout the country, through Decree 380-23 of 21 August 2023, the Dominican Government ordered a "suspension of work," according to Law 147-02, of 9/13/2003, on the Management of Risks.

In that sense, the Ministry of Labour issued Resolution 06-2023, making the suspension of work more flexible, encouraging remote work, and carrying out work according to the needs that arise.

It is important to note that no non-working days were declared, which is something the government cannot do by decree. Non-working days are established by law and are distinguished from suspension of work since, legally, non-working days are paid without the employee needing to go to work. And if the Company wants the employee to work on a non-working day, it must compensate them with a 100% increase that day.

On the other hand, with the suspension of work, the parties' obligations are suspended. The employee does not have to work, while the company does not have to pay a salary. Theoretically, the company wouldn't have to pay for that day and a half of suspension. The companies that did pay their employees did it out of goodwill because they were not obligated to do so.

Conclusion

When a suspension of work occurs again, human resource managers should know that they only must pay for those days if the company decides to. They are not obliged to pay their employees' salaries for those days.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More