EXECUTIVE SUMMARY: Decree No. 143-2, dated April 2, 2020, regulating the Employee Solidarity Assistance Fund (FASE).
OBJECT.
Transitional cash transfer support to formal private sector workers to counteract economic effects of COVID-19.
ACCESS TO FASE.
i. Employee contracts suspended based on the Labor Code, with the exception of employees from companies in the following industries:
a) Supermarkets, grocery stores, pharmacies and any commercial facilities for the sale of raw food, medicines and hygiene products;
b) Logistics, distribution and transportation companies of raw materials and finished products for industry, agribusiness and food;
c) Agriculture, livestock and fishing companies;
d) Food industries;
e) Private security companies;
f) Mining;
g) Warehouses for the distribution of food, pharmaceutical and agro-industrial products;
h) Financial sector, pension fund administrators, labor risk administrators and insurance industry;
i) Multimedia;
j) Power generators;
k) Health industry;
1) Universities;
m) Telecommunications.
i. Manufacturing companies and Micro, Small and Medium Enterprises (MSMEs) that continue to operate without suspending employee contracts:
Must have authorization from the Ministry of Labor to continue operating.
The Government will make a monthly contribution of DOP5,000 as salary advance and the remaining amount of the ordinary salary will be made by the employer.
Employer must pay social security and other obligations of this type.
To benefit from this modality, employers must not suspend any worker during the respective month. If you suspend at least one employee, will not be able to benefit from FASE.
ii. Companies that are closed without suspending employee contracts. The Labor Ministry may authorize closed companies to benefit if they maintain payroll and social security payments for all their employees.
BENEFITS.
FASE will give the employee 70% of the employee's ordinary salary (having a minimum DOP5,000 and a maximum DOP $ 8,500).
* This decree eliminates the obligation to pay a subsidy of 30% previously attributable to the employer in previous government speeches.[1]
TERM.
FASE will be in force for a term of 60 days.
* It is understood that these 60 days correspond to the months of April and May, in accordance with speeches of President Danilo Medina as of March 25,2020and the Finance Minister, Donald Guerrero, as of March 26,2020 .
MANAGEMENT AND EXECUTION OF FASE.
The Finance Ministry and the Dominican Institute for the Prevention and Protection of Occupational Risks (IDOLPRIL) will manage FASE.
The Labor Ministry is responsible for executing FASE.
PROCESS.
Labor Ministry receives requests from employers for (i) suspension of employment contracts, (ii) apply to FASE under other modalities described above. This request must include details of the applicable / requested FASE modality.
Labor Ministry shall create database with suspended employee contracts and request personal data from employees to the employer to implement payment to bank account.
Labor Ministry shall send this information directly to the Ministry of Finance.
Ministry of Finance shall validate the amounts quoted with Social Security Treasury and make payments, communicating to the employee and the company.
The PELLERANO NADAL team is available to clarify any questions you may have in relation to this and other measures implemented by our authorities.
[1] Speeches of President Danilo Medina as of March 25,2020 and the Finance Minister, Donald Guerrero, as of March 26,2020.