Hi Miss Alvarado, I’ve been reading your blog and I find it very interesting. I would like to take the opportunity to ask you about two things: 1. One of my employees will go through a surgery next month and will be unable to work during at least 25 days. I want to know if I still have to pay him during his license period or not. 2. What are the rights of a domestic worker according to the Labor Code in DR? JE
First of all, you do not have to pay him salary during his period of license. However, labor legislation in Dominican Republic establishes that in the event of incapacity or death of the employee, the employer shall pay the employee, or his heirs, an economic assistance, depending on the period of time of his contract. You will have to pay him an amount of 5 days of salary if he has been working during a period of 3 to 6 months; 10 days of salary for a period of 6 to 12 months and 15 days of salary if he has been working for over 1 year.
In the case of the domestics, they do not benefit from many of the provisions of the Labor Code. They are not subject to any regular work hours although every domestic must have a minimum of nine hours per day of uninterrupted rest and a weekly rest of 36 hours without interruption. Domestics do not have the right to receive severance pay when dismissed. However, they do have the right to two weeks of paid vacation a year after their first year at work and to receive a Christmas salary as regular workers do.
Because of the particularities of each case and the strong protection to the rights of the individual employee in DR, I strongly recommend you to personally contact a legal expert and explain him every detail of your cases.
Hello, I found your blog in the internet and it seems that you are very good in helping people with their legal problems. I just have one simple question. When buying an apartment, who pays the realtor commission and legal steps to make the transference?
Some people say that at the end the buyer always pays the commission because it's typically part of the sales price, but normally, the seller is the one who is in charge to pay the commission. Now, the contract that is signed can dictate certain terms, which might alter the hiring person's liability and responsibility to pay certain portions of the commission.
The lawyer for the buyer makes the contract and all the other legal steps and thus the buyer pays for that. If the seller wants a lawyer to represent his interests he is the one that will have to pay for his service. To transfer the title from one individual to the next, the buyer pays approximately 3% of the declared value.
You can always negotiate with the seller a reduction of the price because of the taxes and other expenses you will have to pay.
Thank you all for your questions and flattering words. If you have any other problem or question, don’t hesitateto contact me.
Aug 11, 2009
May 6, 2009
Exequatur of Divorce Senteces in DR
A reader of mine recently emailed me with a question. Here’s what she wrote: “[I]’m from Dominican Republic but I actually live in New Jersey, US. I recently went through a very difficult process of divorce here in NJ after being married for 7 years with my now ex husband. Someone told me that in order to have the divorce sentence recognized by the authorities of Santo Domingo (Dominican Republic) I have to follow a proceed to obtain what is called an exequatur of the judgment. The truth is that I don’t want to deal with this problem again. Is there any other solution? Mary Vargas.”
And here is my answer:
Mary, thanks for the question. First of all, for those who don’t know, an exequatur is a proceeding where a local court (in this case the Civil and Commercial Chamber of the competent First Instance Court) validates a foreign judgment, allowing its execution in our country.
On the other hand, I’m pleased to tell you that you don’t need to follow this procceding to validate your divorce judgment in the DR, because as it has been decided by our Supreme Court of Justice (October 9th 2002 and April 11th 2007 for example), the declaratory judgments, - that declares the rights or legal status of a person without ordering anything to be done-, (like the ones of divorce, paternity recognition, declaratory of legal incapacity), do not need to obtain an exequatur to be executed in the DR.
This means that the only judgments that require this judicial authorization are those that establish, modify or abolish a legal right, compelling a party to fulfill an obligation (for example those who sentence the employers to pay the complete salaries to their employees, or sentence the doctors to compensate their patients because of the damages that they suffered after a malpractice).
Finally, it is important to say that in this proceeding, the Dominican Court cannot resolve the case by itself. Instead, the judge can only verify that it is a definitive and regular judgment, according to the legal system of the foreign country and verify that its execution is in accordance with the Dominican law and our Constitutional Principles.
And here is my answer:
Mary, thanks for the question. First of all, for those who don’t know, an exequatur is a proceeding where a local court (in this case the Civil and Commercial Chamber of the competent First Instance Court) validates a foreign judgment, allowing its execution in our country.
On the other hand, I’m pleased to tell you that you don’t need to follow this procceding to validate your divorce judgment in the DR, because as it has been decided by our Supreme Court of Justice (October 9th 2002 and April 11th 2007 for example), the declaratory judgments, - that declares the rights or legal status of a person without ordering anything to be done-, (like the ones of divorce, paternity recognition, declaratory of legal incapacity), do not need to obtain an exequatur to be executed in the DR.
This means that the only judgments that require this judicial authorization are those that establish, modify or abolish a legal right, compelling a party to fulfill an obligation (for example those who sentence the employers to pay the complete salaries to their employees, or sentence the doctors to compensate their patients because of the damages that they suffered after a malpractice).
Finally, it is important to say that in this proceeding, the Dominican Court cannot resolve the case by itself. Instead, the judge can only verify that it is a definitive and regular judgment, according to the legal system of the foreign country and verify that its execution is in accordance with the Dominican law and our Constitutional Principles.
Apr 29, 2009
Deslinde: A new requirement to Real Estate Transactions in DR
The new Property Registry Law No. 108-05, has several requirements for all real estate transactions in the Dominican Republic. One of those, necessary after April 4th 2009, - 2 years from the execution of the law, - is the accomplishment of a “deslinde”, to enable the Register of Titles to record any real estate transaction and consequently issue the Certificate of Title in the name of the new ownership of the property.
The deslinde procedure has to be made by a surveyor who is going to measure and segregate the property from all the other portions within the same parcel. The segregated portion will become its own parcel with its individual cadastral designation and a definite title.
W can divide the procedure into three phases: a) Technical Phase: A surveyor measures and locates the property using a G. P. S. after having given notice to all the owners of the neighboring properties and any other person who can be interested. Later, his work is submitted to the Regional Survey Office for its approval and to provide the new parcel with its new cadastral designation; b) Judicial Phase: The deslinde is presented to the Land Court, where the neighbors or any interested third party may expose their objections or conformity to the procedure. If the deslinde is approved, after the lawyer of the owner’s petition, the Judge authorizes the Registrar of Title to cancel the old provisional title and to issue the new definite title with the new cadastral designation given by the Regional Survey Office; c) Registration phase: The Judge’s ruling is executed by the Registrar of Titles.
It is important to mention that if the authorization in the presence of a Notary Public of the neighboring properties’ owners is obtained; the judicial phase may be omitted. This would significantly accelerate the process, considering the huge amount of work in the Courts of our country.
Any real estate transaction can be requested at the same time that the procedure of deslinde. In another publication, I will write about the others steps necessaries to transfer a property, according the new legislation.
The deslinde procedure has to be made by a surveyor who is going to measure and segregate the property from all the other portions within the same parcel. The segregated portion will become its own parcel with its individual cadastral designation and a definite title.
W can divide the procedure into three phases: a) Technical Phase: A surveyor measures and locates the property using a G. P. S. after having given notice to all the owners of the neighboring properties and any other person who can be interested. Later, his work is submitted to the Regional Survey Office for its approval and to provide the new parcel with its new cadastral designation; b) Judicial Phase: The deslinde is presented to the Land Court, where the neighbors or any interested third party may expose their objections or conformity to the procedure. If the deslinde is approved, after the lawyer of the owner’s petition, the Judge authorizes the Registrar of Title to cancel the old provisional title and to issue the new definite title with the new cadastral designation given by the Regional Survey Office; c) Registration phase: The Judge’s ruling is executed by the Registrar of Titles.
It is important to mention that if the authorization in the presence of a Notary Public of the neighboring properties’ owners is obtained; the judicial phase may be omitted. This would significantly accelerate the process, considering the huge amount of work in the Courts of our country.
Any real estate transaction can be requested at the same time that the procedure of deslinde. In another publication, I will write about the others steps necessaries to transfer a property, according the new legislation.
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