If you want to succeed, don't just stare at the ladder, start climbing, step by step, until you reach the top.
Principle I
This principle is clear and precise, where it clarifies that work is a social function that is exercised with the protection and assistance of the Dominican state and it must ensure that the rules of labor law are subject to its essential purposes, which are well-being human and social justice, and that they are not violated.
Principle II
Here the Dominican Labor Code refers to the fact that everyone is free to exercise and dedicate themselves to any type of profession or trade, to create or operate any type of industry or commerce permitted by law. And that nobody can prevent others from working or force them to work against their will, that is, nobody can be a slave to any type of person.
Principle III
In this principle, the Code clarifies that it is fundamentally intended to regulate the rights and obligations of employers and employees and to provide the means to agree on their respective interests. It also enshrines the principle of cooperation between economic capital and labor as the basis of the national economy. It also functions as a regulatory body for labor relations, individual and collective, established between employees and employers or their professional organizations, as well as the rights and obligations arising from them.
But at the same time it is clear and precise when it says that this does not apply to public officials and employees, except as otherwise provided in this law or in the special statutes applicable to them. Nor is it applied to members of the armed forces and the national police. However, it is applied to workers who provide services in companies of the Dominican State and in their autonomous official organizations of an industrial, commercial, financial or transport nature.
Principle IV
This principle deals with laws concerning work, where it clarifies that mimes are territorial. Which apply without distinction to Dominicans or foreigners, except those derogations admitted in international agreements. In those cases of relations between individuals, the lack of special provisions is replaced by common law.
Principle V
The Dominican Labor Code clarifies that the rights recognized by law to workers cannot be the object of dismissal or conventional restriction, any agreement to the contrary is void.
Principle VI
In relation to work, rights must be practiced and obligations executed according to the rules of good faith. Abuse of rights is a crime.
Principle VII
In this principle, the Code condemns any type of discrimination, exclusion or preference based on sex, age, race, color, national descent, social origin, political opinion, union membership or religious belief, except for the exceptions provided by law for of protection to the person of the worker. Those distinctions, exclusions or preferences based on the qualifications required for a job are not included in this prohibition.
Principle VIII
In this principle it clarifies exactly that in cases of concurrence of various legal or conventional norms, the most favorable to the worker will prevail. And when there are doubts in the interpretations or scope of the laws, it will be decided in the most favorable sense for the worker.
Principle IX
Here it is explained that the employment contract is not the one that appears in a writing, but the one that is executed in facts, that is, when there is any type of employer-worker relationship, where the worker performs any type of work, be it physical or mental. And this will be null when the parties have proceeded in pretending or swindling the labor law, whether it be pretending non-labor contractual norms, interposition of person or any other means.
Principle X
It is a fact that working women have the same rights and obligations as working men, as explained in the Labor Code in this principle. It will only be different in the special provisions provided in this Code whose main purpose is the protection of maternity.
Principle XI
According to this principle, minors cannot be employed in services that are not appropriate to their age, state or condition or that prevent them from receiving compulsory school education.
Principle XII
The Labor Code, in this principle, recognizes freedom of association, the enjoyment of a fair fee, professional training and respect for their physical integrity, privacy and personal dignity, among others, as basic rights of workers.
Principle XIII
The Dominican State is the guarantor of employers and workers, for the solution of their problems, the creation and maintenance of special jurisdictions.
Analysis of Articles I to X
Article I
This article is about the employment contract where it explains that. "It is one by which a person is obliged to provide a personal service to another, by means of remuneration and under the dependence and immediate or delegated direction of the latter".
It is clearly said that the relationship between these two individuals will be like buying and selling where one sells his service and the other pays for this service received.
Article II
Here, in this article it gives us a definition of the meaning of Worker and Employer, which defines as Worker is any physical person who provides a service, fiscal or mental, by virtue of an employment contract while the Employer is the physical person or moral to whom the service is rendered.
Article III
It is good to know the meaning, that it is understood by certain terms that are used in labor code and it is for this reason that it provides the meanings of the same.
Company is the economic unit of production or distribution of goods or services.
Establishment is the technical unit that as a branch, agency or other form, is integrated and contributes to the realization of the company's purposes.
Article IV
In this article, the Code emphasizes contracts related to domestic service, field work, home work, transportation, vendors, commercial travelers, and the like, and to the handicapped, which are subject to the special regime. that for each of them is established in this Code
Article V
The Code in this article specifies those workers who are not governed by this Code, except where expressly included:
- Liberal professionals who exercise their profession independently. Commissioners and brokers. Trade agents and representatives. The tenants and the sharecroppers of the owners.
Article VI
This article clearly explains that although the administrators, managers, directors and other employees who exercise administrative or managerial functions and those who consider themselves representatives of the employer, in their relations with workers, within the scope of their powers. They are considered workers in their relations with the employer they represent.
Article VII
Here it is pointed out that any person who acts as an intermediary will be any person who, without being a known representative of the employer, intervenes on behalf of the latter in hiring the services of one or more workers. Those who hire workers to be used in the work of another's company are also considered as intermediaries.
Article VIII
The Code indicates in this article that the leaders of teams of workers and all those who, exercising authority and direction over one or more workers, work under the dependency and direction of an employer, are both intermediaries and workers.
Article IX
Here in this article, the Code expands that any worker may provide services to more than one employer during different work schedules, and also clearly explains that no worker can be made to substitute another in the provision of their services or use auxiliaries, without the consent of the Pattern.
Article X
This article deals with the worker who wishes to appoint a substitute or employ auxiliaries, as well as the intermediary, must notify the employer of the conditions in which the substitute, the auxiliaries or the hired workers will provide their services, so that the employer can provide its approval and the employment contract is formalized directly with the latter.
