Background Checks

Background checks are legal but must comply with Article 27(4) of the Data Protection Law. Employers must obtain explicit consent from the candidate before conducting any background check. Common checks include:

• Criminal records (especially for roles with legal or financial responsibilities)
• Employment and education verification
• Identity and reference checks

Certificate of Good Conduct: Often requested to show recent convictions.

Verification and New Hire Reporting

Before officially hiring, employers must:

• Register the employee with:
  • The Social Security Treasury (TSS)
  • The Ministry of Labor
  • The Tax Authority (DGII)
• Submit a new hire report to the Ministry of Labor, which includes:
  • Employee’s personal and job details
  • Contract type and duration
  • Salary and work schedule

Onboarding Process & Documentation

Collecting Required Documents

Employers must gather the following from new hires:

• Valid identification (e.g., cédula or passport)
• Tax Identification Number (RNC or personal ID)
• Social Security Number
• Work permit (for foreign nationals)
• Certificate of good conduct (if relevant to the role)
• Medical certificate (if required for the position)

Providing Employee Rights and Obligations

Employers are legally required to: Draft and share a written employment contract (even though verbal contracts are valid). Inform employees of:

• Work schedules
• Salary and payment terms
• Disciplinary procedures
• Internal policies (e.g., drug and alcohol policy)
• Health and safety rules

Provide access to training and development opportunities. Maintain a safe and respectful work environment.

Healthcare

The SFS is the mandatory public health insurance under the Dominican Social Security System (SDSS). It ensures access to healthcare for all formal employees.

Mandatory Enrollment:

All formal employees must be registered.

Shared Contributions:

• Employers contribute 7.09% of the employee’s salary.
• Employees contribute 3.04%.

Coverage: Includes access to a network of public and private healthcare providers for essential medical services.

Employer Responsibilities

• Register employees with the SDSS.
• Deduct and remit both employer and employee contributions monthly.
• Ensure timely and accurate reporting to avoid penalties.

Supplementary Private Health Plans

• Many employers offer private insurance to enhance coverage.
• These plans vary in cost and coverage.
• Employers may cover 50% to 100% of premiums, including for dependents.

Retirement

The SCI is a mandatory defined contribution pension system managed by private Pension Fund Administrators (AFPs).

Mandatory Contributions:

• Employers contribute 7.1% of the employee’s salary.
• Employees contribute 2.87%.
• Funds are invested by AFPs, and retirement benefits depend on the accumulated balance.

Employer Responsibilities:

• Register employees with an AFP.
• Deduct and remit contributions on time.
• Maintain accurate payroll records.

Retirement Eligibility:

• Standard retirement age: 60 years with at least 360 months (30 years) of contributions.
• Early retirement is possible under specific conditions.

Optional Retirement Plans:

• Some employers, especially multinationals, offer additional retirement savings plans.
• These are voluntary and used to attract and retain talent.

Social Security

At this time, Vensure does not have social security details available.

Employment Contract Details

Dominican labor law recognizes three main types of employment contracts, primarily based on duration and purpose:

Indefinite-Term Contract

• Most common and default type.
• No end date.
• Offers job stability.
• Used unless another type is clearly justified.

Fixed-Term Contract

• Has a specific start and end date.
• Must be in writing and justified (e.g., seasonal work).
• Not allowed for permanent roles.

Contract for Specific Work

• Tied to the completion of a project or task.
• Ends when the work is done, not on a set date.
• Must also be in writing.

While verbal agreements are legally valid, written contracts are strongly recommended for legal clarity and protection. A valid written contract must include:

• Identification of Parties: Full names and ID details of both employer and employee.
• Start Date: When the employment begins.
• Job Description: Duties, responsibilities, and job title.
• Workplace Location: Where the employee will perform their duties.
• Working Hours: Daily and weekly schedule, including breaks.
• Compensation: Salary or wage, payment method, and frequency.
• Contract Duration: Whether it’s indefinite, fixed-term, or project-based.
• Signatures: Both parties must sign, with date and place of signing.

Even if not stated in the contract, employers must comply with legal entitlements such as:

• Vacation leave
• Christmas bonus (Regalía Pascual)
• Severance pay (Cesantía)
• Social security contributions

Probation Period

The probation period depends on the type of role and is stipulated within the employment agreement. In general, the maximum probation periods are up to three months.

Visas

Visa-Free Stay: Up to 90 days for many nationalities

Visa Types:

• Tourist Visa: For leisure/business visits
• Business Visa: For meetings, trade
• Residency Visa: For long-term stay or employment
• Dependent Visa: For family members
• Transit Visa: For airport transfers

Application Process:

• Submit documents to consulate
• Pay fees, attend interview if needed
• Processing time: 10–15 business days
• Extensions & Appeals: Available through immigration offices.

Independent Contractors

The Dominican Labor Code distinguishes between employees and independent contractors, but the classification depends on the actual nature of the working relationship, not just the contract label:

• A contractor must operate without supervision or control from the hiring party. If the contractor is subject to direction or control, the relationship may be reclassified as employment.
• While not mandatory, written agreements help clarify the terms of the relationship. However, courts will prioritize the real working conditions over the written terms.
• If a contractor is found to be functioning like an employee, the employer may be liable for back pay, benefits, and social security contributions.

Paid Time Off

• Full-time employees are entitled to 14 days of paid vacation after completing one year of continuous service.
• After five years with the same employer, this entitlement increases to 18 days of paid leave.

Public Holidays

Some holidays may be moved to the nearest Monday to create long weekends, as permitted by Dominican law.

• New Year’s Day
• Epiphany
• Our Lady of Altagracia
• Duarte’s Day
• Independence Day
• Good Friday
• Day off for Labor Day (observed)
• Corpus Christi
• Restoration Day
• Our Lady of Mercy Day
• Day off for Constitution Day (observed)
• Christmas Day

Bereavement

Employees are entitled to 3 days of paid leave in the event of the death of an immediate family member.

Maternity Leave

Female employees are entitled to 14 weeks of paid maternity leave, typically divided into:

• 7 weeks before the expected due date
• 7 weeks after childbirth

The cost of maternity leave is shared equally between the employer and the Social Security system.

Paternity Leave

Fathers are entitled to 2 days of paternity leave.

Parental Leave

Dominican Republic does not have a statutory law for Parental Leave.

Sick Leave

Dominican Republic does not have a statutory law for sick leave.

Termination Requirements

At this time, Vensure does not have termination requirement details available.

Notice Period

Notice of Requirements

• Up to 6 months: 7 days’ notice
• 6 months to 1 year: 14 days’ notice
• More than 1 year: 28 days’ notice

Severance Pay

Severance pay is based on the employee’s length of service:

• 3 to 6 months: 6 days’ salary
• 6 to 12 months: 13 days’ salary
• 1 to 5 years: 21 days’ salary
• Over 5 years: 23 days’ salary

All severance payments must be made within 10 days of the termination notice.

Unemployment Insurance

Dominican Republic does not have a statutory law for unemployment insurance.

Anti-Discrimination Practices

The Dominican Labor Code strictly prohibits discrimination in employment. Its purpose is to promote equal opportunities in all aspects of work, including hiring, promotions, training, pay, and working conditions.

Employers may not discriminate based on:

• Age
• Sex
• Race
• Nationality
• Social origin
• Political or religious beliefs
• Union affiliation

Workplace Safety Standards

Under Law No. 87-01 and related regulations, employers in the Dominican Republic are legally required to ensure a safe and healthy work environment. This includes both preventive measures and responsive protocols to protect employees from occupational risks.

Hazard Identification & Risk Assessment

• Regularly evaluate the workplace for physical, chemical, and ergonomic hazards.
• Implement controls to eliminate or reduce risks.

Preventive Measures

• Maintain clean, orderly, and hazard-free workspaces.
• Ensure machinery and tools are safe and properly maintained 2.

Personal Protective Equipment (PPE)

• Provide appropriate PPE at no cost to employees.
• Ensure proper use and maintenance of PPE.

Training & Education

• Offer ongoing training on: Workplace safety procedures, emergency response, and proper use of equipment and PPE
• Promote a culture of safety awareness.

Incident Reporting & Investigation

• Establish procedures for reporting accidents and near-misses.
• Investigate incidents to prevent recurrence.

Medical Support & First Aid

• Provide access to first aid kits and trained personnel.
• Cover the cost of medical exams when required for job suitability.

Social Security & Compensation

• Register employees with the Social Security System.
• Ensure access to medical care and compensation in case of work-related injuries or illnesses.

Employee Responsibilities

• Follow all safety protocols and training.
• Use PPE and report unsafe conditions.
• Cooperate with investigations and safety initiatives.

Workers’ Compensation

Employees injured on the job are entitled to free medical treatment, including hospitalization, surgery, medication, and rehabilitation. Care is provided through the Occupational Risk Insurance (Seguro de Riesgos Laborales), managed by the Social Security Treasury (TSS).

Income Replacement

• If an injury or illness results in temporary or permanent disability, the employee receives a percentage of their salary during recovery.
• The amount and duration depend on the severity and classification of the disability.

Employer Obligations

• Register all employees with the Social Security System.
• Pay monthly contributions to the Occupational Risk Insurance Fund.
• Report workplace accidents promptly to the relevant authorities.

Accident Reporting & Investigation

• Document and report any workplace accidents or occupational diseases.
• Cooperate with investigations conducted by the Ministry of Labor or the Superintendency of Health and Occupational Risks (SISALRIL).

Employee Protections

• Employees cannot be dismissed solely for filing a workers’ compensation claim.
• In cases of permanent disability, workers may be eligible for long-term compensation or a pension.

Labor Law Sanctions

Non-compliance with Minimum Wage: Employers must adhere to the minimum wage standards set by the government. Failure to comply can result in fines.

Overtime Violations: Employees working more than 44 hours a week must be compensated with a premium. Violations can lead to penalties.

Unlawful Termination: Terminating employees without proper notice or severance pay can result in legal action and fines.

Health and Safety Violations: Employers are required to ensure a safe working environment. Non-compliance can lead to sanctions.