Interview by Grupo LexLAtin: Remote Work in the Dominican Republic
June 10, 2021
By: Urania Paulino | Senior Counsel
Our Senior Counsel Urania Paulino, was interviewed by Grupo LexLatin about working from home in the Dominican Republic.
1.What year is the law that recognizes remote work in the Dominican Republic from?
UP: For several years, the Dominican Republic has been laying the foundations to incorporate remote work as a special contracting modality. It was not until November 12, 2020, through the Resolution No. 23-2020, issued by the Ministry of Labor of the Dominican Republic, that it was formally regulated.
2.Do you consider that this law meets current social needs?
UP: Being conceived as a resolution issued by the Ministry of Labor of the Dominican Republic, it basically came to draw general guidelines on remote work. In view of the above, to cover current social needs, especially those derived from the Covid-19 pandemic, it is recommended that a much broader legal provision be legislated.
In addition to the above: Were the resolutions issued by the Ministry of Labor sufficient to cover the gaps caused by the pandemic?
UP: As we stated previously, there are several aspects to be regulated to cover not only the effects on the labor sector caused by the Covid-19 pandemic, but also everything that remote work brings.
3.How many and what provisions has the Ministry of Labor issued regarding remote work?
UP: As of the date of this article, the Ministry of Labor of the Dominican Republic has issued two Resolutions that expressly address remote work. The first was Resolution No. 23-2020, dated November 12, 2020, which drew up the general guidelines on remote work as a special work modality in our country and then, on December 11, 2020, Resolution No. 27-2020 was issued, by means of which the term for the registration of remote work contracts and addenda was extended and the procedures for their registration in the Ministry of Labor were established.
4.What do you think is still pertinent to regulate in relation to remote work that, due to the context, is required?
UP: There are still several aspects to be regulated in order to strengthen the current legal framework for remote work as a special contracting modality. In this sense, we recommend that issues be addressed, such as establishing the modalities of remote work, clearly determining the distribution of direct and indirect costs between the employer and the worker, delimiting very well the rights to avoid exploitation of the worker, broadly develop the right to disconnection that corresponds to remote workers, establish the duties of the government to promote remote work and the public policies that will be established for its promotion.
5.Of the bills in the Legislature, what provisions are the most appropriate for you?
UP: Currently, in the National Congress of the Dominican Republic, there are three (03) bills on remote work. In that order, in the Chamber of Deputies of the Dominican Republic we have: (i) the Bill that Regulates Remote Work in the Public and Private Sectors; and (ii) the Remote Work Law Project. Meanwhile, in the Senate of the Dominican Republic we have: (i) the Draft Law on Distance Work or Remote Work.
Reviewing the content of these bills and starting from the comparison made against similar laws of countries in the region, we can mention that the following provisions are adequate:
(i) Content of the remote work contract;
(ii) Rights and obligations of the remote worker;
(iii) Compensation of expenses by the employer;
(iv) Data protection and information security;
(v) Health and Safety in remote working; and,
(vi) Duties of the government to promote and implement remote work.
6.In these projects, have there been any new developments that we have not seen yet in the laws of the countries of the region? Which ones?
UP: The region has both very vast laws on the subject, as well as others that are not so perfected, so after comparing these with the projects that rest in our National Congress, we can conclude that we do not see any issue that in the region has not been previously addressed.
7.Regarding the resolution that was issued by the Judicial Power to ensure the continuity of the functions of the workers at the service of the Government, do you think it is adequate and sufficient?
UP: The Judicial Power, through the Resolution No. 005-2020, dated May 19, 2020, issued its Remote Work Guide, establishing the general guidelines for judges,and judicial servants, in the jurisdictional and administrative sphere, can work remotely, ensuring the principle of continuity of the Dominican Government and guaranteeing access to justice services.
Now, it should be noted that more than adequate or sufficient, we understand that this guide came to establish certain parameters and guidelines in one of the powers of the Dominican Government, which had not conceived, in the short term, the possibility of judicial processes being carried out turning to the use of information technology (ICT).
Likewise, it is also appropriate to mention that the aforementioned guide, in addition to establishing the types of remote work, addresses the criteria and profile of the remote worker, the management and supervision of remote work, the technological needs for remote work, several general guidelines, and offers general recommendations to the judicial sector for its correct implementation.
8.Regarding the recognition of rights, in these resolutions there are additions for the rights of remote workers, as we have seen in other regulations: digital disconnection, compensation for public services, etc.
UP: Some of the resolutions address certain rights, for example, that of disconnection and that of reversibility. However, it is recommended, as contemplated in several of the bills deposited in our National Congress, that other rights are included that also protect remote workers.
9.What are the most frequent doubts that your clients have regarding these resolutions and adjustments regarding Remote Work?
UP: As it is a new issue in our legal system, the questions range from content of remote work and requirements to be registered with the Ministry of Labor, the costs associated with each part, digital disconnection, and data management and privacy, to questions about the prevention of occupational hazards from the perspective of remote work.
By: Urania Paulino | Senior Counsel
The PELLERANO NADAL team is available to clarify any questions you may have in relation to this and other measures implemented by our authorities.