are modified to the employee's
detriment;
cut in whole or in part.
Dominican Republic has also stated that
the unilateral modification of employees'
work schedules is considered a practice
against the ius variandi because this
aspect constitutes an essential condition
of the employment contract.
In another decision, the Supreme
Court of Justice of the Dominican
Republic considered that changing the
calculation method of employees' salaries
system to exclusively variable salaries
constitutes a violation of the management
power.
In conclusion, labor regulations
currently in force in the Dominican
Republic, especially article 41 of the
Labor Code, prevent employers from
unilaterally changing employment
contracts to the detriment of employees.
A unilateral amendment of the
employment contract that causes
economic disadvantage to the specific
employee will be null and void.
Then, when there is a risk that the
change to working conditions of the
employee could be considered illegal, it
is necessary first to get the employee's
consent. Otherwise, the employee
dismissal at court. This is a termination of
the labor agreement by the employee due
to employer's violations of its obligations.
If the court rules on the employee's
behalf, then the company will be ordered
to pay severance, including pre-noticed,
unemployment, acquired rights and six
months of salary as compensation.
Taking this into consideration, we
suggest that when a company informs
employees of the changes they would
like to make, they explain clearly that
the changes won't affect the essential
conditions of the labor agreement and that
these changes are not discriminatory for
any person.