Labor Law

Context:

The client is an international hotel chain that has multiple projects in the Dominican Republic, as well as in 14 other destinies, adding up to a total of 49 hotels worldwide.

Due to the COVID-19 pandemic, the company was forced to temporarily close the doors of some of its hotels. In this sense, the Firm provided the proper counseling in relation to the labor requirements and the due process to follow regarding the employees who were affected by the shutdown of the hotels. Likewise, they were assisted in the drafting of the agreements to modify the working conditions of those who continued to work during the State of Emergency.

Benefit:

With our guidance, the company managed to achieve cost reduction, while at the same time ensuring the continuity of employment contracts, thus avoiding labor disputes.

Lawyers:

Esq. José M. Alburquerque Prieto, Managing Partner
Esq. Prinkin E. Jiménez Chireno, Labor & Social Security Partner
Esq. Katherine M. Vallejo Castillo, Labor & Social Security Senior Associate


Context:

The client is an international institution actually integrated by 24 schools, 2 universities and 1 higher education center, located in 16 countries.

At the moment we started the relationship with this client, we performed an internal audit of all work processes that were carried out by the company. During this audit we were able to verify all the documentation used, as well as the lawful and more suitable way to proceed with its employees.

Benefit:

Once the audit was completed, we provided the client with a complete report, legal opinion and all site recommendations needed, in order to optimize the labor processes and ensure the company’s compliance with all the legal requirements established by labor legislation.

Lawyers:

Esq. José M. Alburquerque Prieto, Managing Partner
Esq. Prinkin E. Jiménez Chireno, Labor & Social Security Partner
Esq. Katherine M. Vallejo Castillo, Labor & Social Security Senior Associate


Context:

The client is a leading multinational corporate group in the tourism sector, with active participation in aviation and maritime transportation, accommodation services and hotel project development, as well as tour operators and entertainment. The group maintains a presence on Dominican territory.

On the acquisition of another company within the industry, we assisted the client on the acquisition and transference of all the employment contracts of the acquired company.

Benefit:

Maintaining an active participation with multinational companies, we enable the transfer of the employment contracts ensuring compliance in accordance with territorial laws.

Lawyers:

Esq. José M. Alburquerque Prieto, Managing Partner
Esq. Prinkin E. Jiménez Chireno, Labor & Social Security Partner
Esq. Katherine M. Vallejo Castillo, Labor & Social Security Senior Associate


Context:

The client is a well-recognized kitchenware company for hotel and restaurant chains.

The Firm assisted throughout every step of the incorporation process of the said company in the country. In relation to the labor field, we carried out the entire company registration process in the Integrated Labor Registration System (SIRLA, for its acronym in Spanish) of the Ministry of Labor, which is a requirement for hiring workers in the Dominican Republic.

Benefit:

By facilitating the company with its proper registration in SIRLA, we ensured that the company complied with the requirements established in Dominican regulations and therefore included in the formal sector, so that it could start operations in the country, and at the same time, avoid labor disputes.

Lawyers:

Esq. José M. Alburquerque Prieto, Managing Partner
Esq. Prinkin E. Jiménez Chireno, Partner
Esq. Katherine M. Vallejo Castillo, Labor & Social Security Senior Associate


Context:

The client is a leading business in the development of photovoltaic modules and solar power plants, which hired our services to accompany them throughout the construction process of a photovoltaic park.

For this purpose, the Firm’s labor department oversaw the registration of the company in the Social Security Treasury (TSS, for its acronym in Spanish), as well as the registration of its employees, which is a requirement for hiring in the Dominican Republic.

Benefit:

With the goal of facilitating the incorporation processes for our client, the Firm ensured the necessary requirements of due registration of the company and its employees with the TSS, allowing the start of construction with the proper registration of its employees, as quickly and effectively as possible. Avoiding possible future labor contingencies.

Lawyers:

Esq. José M. Alburquerque Prieto, Managing Partner
Esq. Prinkin E. Jiménez Chireno, Labor & Social Security Partner
Esq. Katherine M. Vallejo Castillo, Labor & Social Security Senior Associate


Context:

The client is a multinational cement company, with a huge presence in Dominican Republic.

Alburquerque legally represented the client in all degrees of jurisdiction, obtaining a favorable verdict in each of them. In this case, it was found that the contract that linked the company with the plaintiff was a civil service contract. Therefore, as he was not an employee of the company, his supposedly justified resignation claim was rejected.

Benefit:

Our legal strategy demonstrated to the Court that the plaintiff was not our client’s employee, hence saving RD$ 5,623,138.86, which is the sum of the petition requests that was made in the lawsuit.

Lawyers:

Esq. José M. Alburquerque Prieto, Managing Partner
Esq. Prinkin E. Jiménez Chireno, Labor & Social Security Partner
Esq. Katherine M. Vallejo Castillo, Labor & Social Security Senior Associate


Context:

The client is one of the international companies with the greatest experience and capability for the design and execution of any type of installation in hotel establishments.

In virtue of the fact that a company employee did not accept the payment of his labor benefits and acquired rights, as the employee did not agree with the termination of his employment contract due to a dismissal without a cause, the client requested assistance from the firm in the process of real offer of payment, and, later, in the valid demand of this, obtaining a favorable verdict.

Benefit:

With our involvement, the company was exempted from paying indemnisation to the employee for the late payment of labor benefits, in this way avoiding the payment of a substantial sum of money, thus saving the client from losing more than RD$ 2,000,000.00 in favor of the employee.

Lawyers:

Esq. José M. Alburquerque Prieto, Managing Partner
Esq. Prinkin E. Jiménez Chireno, Labor & Social Security Partner
Esq. Katherine M. Vallejo Castillo, Labor & Social Security Senior Associate


Context:

The client is a multinational hypermarket chain with a presence in more than 30 countries around the world, including local stores throughout Europe and Asia.

The client decided to terminate the labor contract of four employees via justified dismissal, since repeatedly caught consuming the products of the store without making the due payment. These workers denied their infractions and proceeded to file a labor lawsuit alleging that they were unjustifiably fired. Alburquerque represented the company and proved the just cause of the dismissal, winning a favorable verdict in all degrees of jurisdiction.

Benefit:

Once again, the Firm conducted its due process to prove that, without any doubt, the client had just cause for the termination of the employment contracts, which is why the dismissal was justified and the company did not have to pay labor benefits or compensation.

Lawyers:

Esq. José M. Alburquerque Prieto, Managing Partner
Esq. Prinkin E. Jiménez Chireno, Labor & Social Security Partner
Esq. Katherine M. Vallejo Castillo, Labor & Social Security Senior Associate


Context:

The client is a national agro-industrial company, which hired several workers to provide their services for a defined period, which was supposed to conclude with the production of the established product. That said, at the end of this season, their contract was terminated.

Disagreeing with the termination, they filed a labor lawsuit alleging that they were dismissed without cause. Alburquerque represented the company and proved that the labor contract ended because the season came to an end and not because of an unjustified dismissal, obtaining a favorable judgment in all degrees of jurisdiction. For our client this meant saving RD$3,481,425.75, which was the amount requested in reparation by the plaintiff to the labor court.

Benefit:

Alburquerque demonstrated that there was no unjustified dismissal on behalf of the client since the contract was scheduled for a fixed term and it ended without liability for the employer.

Lawyers:

Esq. José M. Alburquerque Prieto, Managing Partner
Esq. Prinkin E. Jiménez Chireno, Labor & Social Security Partner
Esq. Katherine M. Vallejo Castillo, Labor & Social Security Senior Associate


Context:

The client is a retail sales company, against which three employees filed a labor lawsuit for the payment of labor benefits, alleging a supposedly justified resignation. In this case, the resignation was declared unjustified on the grounds that the workers did not report to their jobs on time, this case set a jurisprudential precedent in relation to the recognition of abandonment of work as a form of termination of the employment contract, due to decision of the labor court to consider the constant tardiness as absence of provision of services by the worker.

Benefit:

In this case, the Firm proved that the abandonment of the job accounts as a form of termination of the employment contract, exempting the client from having to pay its employees labor benefits due to resignation.

Lawyers:

Esq. José M. Alburquerque Prieto, Managing Partner
Esq. Prinkin E. Jiménez Chireno, Labor & Social Security Partner
Esq. Katherine M. Vallejo Castillo, Labor & Social Security Senior Associate