Workers Labor Law

Workers Labor Law

In the city of Chicago by 1886, a before and after in the working conditions of workers throughout the globe, product of mass protests in claim of the decrease in the hours of the workday of sixteen to eight;At the price of blood they achieved this great victory and that is why on May 1, what we know as “International Labor Day” is celebrated in commemoration of the lives delivered by the cause.

It is then from this event that the rights of workers, through laws and regulations, have increased so that they ensure the coverage of their basic needs. Some rights acquired from employees are: non -discrimination, privacy, and protection of unjustified dismissal, among others.

A brief explanation of the main rights of the employees mentioned in the anterior section will be shown below:

• Right to non -discrimination that refers to equitable treatment regardless of gender, race, age, sexual or religious ideology. Although this right does not prevent employers directly or indirectly to incur violation of it.
• Right to privacy that prevents companies from invading the worker’s personal life in the personal life. However, employers justify this invasion in the worker’s privacy claiming that some personal matters could degenerate in low performance, in damage to security and morals within the organization.

There are measures that interfere with the privacy right within which, we can mention:

• Performing pre-selection laboratory analytics such as HIV, pregnancy test and anti-doping test.

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  The worker does not know which types of tests are carried out specifically, but the acceptance or not of the candidate will depend on these.

• Random tests, usually urine, to determine the abuse of substances contrasted to all active personnel.
• Recording of calls or video without the knowledge and consent of the worker.
• Employee behavior outside work. Situations that arise with the worker outside their work environment should not be taken into account for purposes for the application of disciplinary sanctions or dismissal. Within these circumstances we have:
• Legal or credit problems until there is no legal verdict that deprives the employee of his freedom.
• Sentimental relationships with co -workers or supervisors.
• Unjustified dismissal. The reality about employment is that, there is no legal weight clause that establishes that it is a right of the worker, so the employment relationship according to the principle of employment at will can be completed at any time, either by decisionof the same worker or the employer without the need to explain this decision (eviction). For the above, most dismissals are carried out arbitrarily and in many cases unfairly.

Although there is the right of the employer to dismiss when he considers it, the worker has the right to be protected by law and the latter may initiate a lawsuit against his employer if he can demonstrate that he has been fired unjustified. There are rights of Dominican workers who are not expressly or clearly found in the Labor Code (Law 16-92), but in our Magna Carta specifically in article 62 that deals with the right to employment, yes. In numerals 1, 3, 5 and 9, our Constitution covers the rights to non -discrimination, privacy and protection of unjustified dismissal. However, companies, because workers have rights that they generally do not know, usually act in serious violation of these rights since they exhaust the recruitment and selection process and there is no legal consequence for them.