SANTO DOMINGO.-Companies have the obligation to pay suspended employees the Christmas salary based on the four working months, prior to the Covid-19 pandemic, said the labor expert Rafael Alburquerque.
He argued that the fact that they are suspended does not mean that they have lost their labor rights, therefore companies must pay the salary 13.
For the employee to calculate the salary he will receive for the Christmas parties, he must calculate the monthly salary by four and divide it by 12, explained Alburqueque to EL DÍA.
It is recalled that the workers’ unions have stated that the employers must contribute an estimated 8,500 pesos to the 500 thousand suspended employees, however, the employers assure that they are not in financial capacity to assume those costs, for which they have proposed to the Government seek mechanisms to make such payments.
On the other hand, Alburqueque said that workers who have been canceled after almost six months of work suspension are entitled to their benefits by calculating the suspended season.
He explained that the Labor Law mandates that it be calculated based on the determination of seniority and the average of the wages earned in the last year of the worker is taken into account to determine the amount to be paid by employers.
The expert said that suspended employees who have not received their benefits can initiate legal proceedings.
— Dilenni Bonilla to eldia.com.do