Labour and employment in Dominican Republic

Guzmán Ariza

Clients appreciate Guzmán Ariza's 'good reputation, and the seriousness with which it handles cases'. The firm assists clients with a great variety of labour and employment matters, starting from employment contracts all the way to termination of employment, collective bargaining agreements, labour regulation compliance and employee assignment in the event of M&A activities. The firm has a broad local reach in the country, granting 'competitive advantage of local knowledge'. Many of the firm's lawyers are highly appreciated both by clients and the market. Rhadaisis Espinal's 'experience puts her at the top in her area of legal practice'; she co-leads the practice together with Rubén García. In Puerto Plata, Julio Brea Guzmán stands out for his 'deep professional knowledge of the areas'; he specialises in litigation, management training, employment audits, severance agreements, and employment policies and handbooks. Senior counsel Elvis Roque is also noted.

Practice head(s):

Rubén García; Rhadaisis Espinal

Testimonials

‘One can count on any of their lawyers to be able to advise on all labour issues. Their strengths include teamwork, quick response to requests, ability to put themselves in the shoes of the client and empathise with them, good reputation, and the seriousness with which they handle cases. In short, a firm that supports and sustains the client at all times.’

‘Julio Brea stands out, who combines the qualities of a great manager, such as deep professional knowledge of the areas he handles and his personal side makes him a unique advisor in his area.’

‘Elvis Roque has vast experience and knowledge in the labour area and brings a unique and highly valued approach. He is also a tireless professional who is available no matter the day or time.’

‘Guzman Ariza has offices in the most important cities, tourist destinations and real estate development geographical areas in the DR managed by partners. As a result, their expertise is not only national but local, giving GA the competitive advantage of local knowledge as well as the ability to learn and quickly react to events and information important to its clients.’

‘Rhadaisis Espinal’s legal knowledge, expertise and experience put her at the top in her area of legal practice. Her integrity, honesty, professionalism and personal responsiveness set her apart.’

Key clients

Club Med

Pawa Dominicana

New York Mets

Lifestyle Holidays Vacation Resort

SH Cacao CO Partners

Sosúa Ocean Village

Orica Dominicana

Grupo Laugama

Global PreMeds

TravelSmart

Digital Works

Acun Medya Global

Work highlights

  • Negotiated for Club Med a collective bargaining agreement with the union representing its 1,300 employees.
  • Assisting Pawa Dominicana after the Civil Aviation Authority of the Dominican Republic suspended Pawa’s operations; Pawa requested the Ministry of Labour to suspend the effects of its labour agreements.
  • Representing the New York Mets in a lawsuit filed by a local company that allegedly represented a rookie player from Puerto Plata, Dominican Republic, and subscribed a contract with his parents for training purposes.

Headrick Rizik Alvarez & Fernández

Highlighted for its 'knowledge and mastery' in labour law, Headrick Rizik Alvarez & Fernández focuses its highly regarded labour and employment practice on advising employers. On the non-contentious side, the team is often involved in the implementation and modification of labour and human resources policies, the creation and restructuring of labour benefit policies and counselling in connection with agreements, including with the discussion of union agreements. The group also stands out for its dispute resolution capabilities and its involvement in processes related to the revision and modification of labour legislation and regulatory initiatives. In the latter area, practice head Tomás Hernández particularly stands out, especially for having advised the National Council of Private Enterprise, the Association of Industries of the Dominican Republic and the National Association of Hotels and Restaurants. Telecoms, financial services, free zones, hotels and tourism, food, education and pharmaceuticals are among the firm's extensive list of sector specialisms. Manuel Madera and senior associate Federico Pinchinat are noted.

Practice head(s):

Tomás Hernández

Testimonials

‘Availability and knowledge of the cases they handle, personalised and detailed assistance as well as the knowledge and mastery of the labour field, effectively avoiding conflicts and negative repercussions over time.’

‘Tomás Hernández has extensive knowledge of the legislation, strategic vision, personalised treatment and constant availability. Close and personalised relationship with clients, unrestricted availability, strategic thinking and support in every step of the implementation. The implementation of the strategy and the constant research work in order to establish innovative processes with high benefits for the productivity of the company and the business sector in general.’

Key clients

McKinsey & Co

One Park Dominicana

New York Yankees

Philip Morris Dominicana

LA Dodgers

MercaSID

Consorcio Azucarero Central

American Móvil Teleservices

ARS Palic Salud

Isla Dominicana de Petróleo Corporation

Work highlights

  • Assisting the Los Angeles Dodgers in a labour claim filed by an ex–academy player, whereby he seeks payment of the severance and acquired rights as an ordinary employee in the Dominican Republic.
  • Acted as counsel to United Petroleum and Transporte Lizandro in a claim by approximately 28 workers who are requesting salary allegedly not paid, as well as damages.
  • Provides assistance to GlaxoSmithKline with labour matters in the Dominican Republic in connection with the creation of a joint venture with Pfizer to combine their consumer healthcare businesses.

Pereyra & Asociados

Pereyra & Asociados is best known for its ability to advise companies with the goal of avoiding liability for employment-related lawsuits, for its negotiation and mediation expertise as well as its work in contentious cases up to the superior courts. The team also assists clients with matters of a non-contentious nature, including contracts, union strategies, company policies and benefits. Luis Miguel Pereyra and Gregorio García are the main contacts in the team, which is a member of the international network Employment Law Alliance.

Practice head(s):

Luis Miguel Pereyra; Gregorio Garcia

Testimonials

‘The team members are differentiated by their good disposition, knowledge of the needs of the business, and speed of response.’

Key clients

V.F. Corporation

United Way

Hanesbrands

Eaton Corporation

Esso República Dominicana

Mondelēz International

B.Braun Medical

TransUnion

McDonald’s Corporation

Archer Daniels Midland Company

Napco Securities Group

The Bank of Nova Scotia

Menzies Aviation

Orange – Altice

Ecolab – Microtek

3M Dominicana

Bacardi Dominicana

Abbott

Work highlights

  • Provided advice to TransUnion on including clauses to prevent unfair competition and the disclosure of confidential information by employees in contracts.
  • Representing Bacardí Dominicana in a  labour lawsuit arising from a job dismissal, currently pending before the Supreme Court of Justice.
  • Provided legal services to United Way in putting together a set term employment contract for the substitute of a high-ranking employee on maternity leave, in accordance with the company’s guidelines.

Russin, Vecchi & Heredia Bonetti

Russin, Vecchi & Heredia Bonetti assists corporate clients in a broad range of labour and employment matters. The team has longstanding expertise and particular strength in labour disputes, a line of business which runs parallel to its non-contentious focus. On the advisory side, the group particularly stands out for its in-depth knowledge of regulation and its ability to help foreign clients in setting up local subsidiaries, from the registration before local labour and social security authorities to providing advice on hiring, income tax and social security. The team is jointly led by managing partner Georges Santoni Recio and José Maldonado Stark, both of whom are also corporate lawyers.

Practice head(s):

Georges Santoni Recio; José Maldonado Stark

Testimonials

‘A team with high ethical and professional standards.’

‘The work area has great leadership, which allows a quick response to the different issues that may arise.’

Key clients

Dominican Garden Products

Renaissance Partners

Domicem

Signal Dominicana

Bayer

Focus Group

Antillian Marine Shipping

Americas Marine Management Services

Senosiain Laboratorios

Pfizer

Work highlights

  • Representing Dominican Garden Product after one of its employees died as result of a workplace accident, and the employee’s family filed a claim against the company seeking damages.
  • Acting for Renaissance Partners in relation to a claim by a former employee who resigned alleging that the company committed harassment and bullying.
  • Acting for Domicem in relation to a lawsuit filed by a former employee who resigned and is seeking severance payment and damages.

ECIJA DVMS

ECIJA DVMS is particularly experienced in defending labour claims for international and local clients. Major League Baseball and sports industry companies in general are the firm’s most active clients, as the team has a strong specialism in the sports sector, including in labour and employment matters. The group’s offering also covers restructuring operations, which have been very prominent recently, including those involving terminations, suspensions, negotiations and salary reductions of large groups of employees. Gabriel Dejarden assists employers with the design and implementation of labour manuals and policies, hiring of high-level executives and cross-border assignment of employees. Edward Salcedo represents multinationals in all types of labour claims, while also providing pre-litigation advice to mitigate labour risks and assessing labour risks in M&A transactions.

Practice head(s):

Edward Salcedo; Gabriel Dejarden

Testimonials

‘They have knowledge about the issues and give the answers on time. They are friendly, diligent, and have a sense of urgency.’

Key clients

Club de Descuentos Vacacionales

Theorem

Work highlights

  • Assisting Theorem with the termination of 58 employees and with the request of approval to shut down all operations, which was submitted to the Ministry of Labour of the Dominican Republic.
  • Providing Club de Descuentos Vacacionales with general labour and employment advice in connection to labour issues arising out of its day-to-day operations.

Jiménez Peña

At Jiménez PeñaRosa Díaz heads the firm's standalone labour and employment department. The team offers full-service advice covering transactions, regulation, agreements, negotiations and terminations in a number of industry sectors. Key differentiators are the group's expertise in investigations and criminal cases involving violations, as well as its ability and focus on preventive consultation. Díaz is extremely active in both labour advisory and disputes. Laura Medina also stands out for her litigation practice.

Practice head(s):

Rosa Díaz

Testimonials

‘Excellence in service makes Jimenez Pena’s practice unique. They are highly organized, highly skilled, with a great sense of urgency.’

‘The team is very good, they are always attentive to details and their responses are always timely.’

‘Laura Medina is always following up on all concerns. Minerva Aguirre is with the client all the time.’

Key clients

American Airlines

Hotelera Natura

Washington Nationals Baseball Club

JC Decaux

Sirenis Hotels

Hola Tours & Travel

Asociación Popular de Ahorros y Préstamos

Eaton Corporation

Frito Lay Dominicana

Work highlights

  • Successfully represented Hola Tours & Ravel in three separate labour claims for termination with cause; one case reached the Supreme Court, while another is at the appeal stage.
  • Assisted Frito Lay Dominicana with the negotiation of a collective agreement with a workers’ union.
  • Provided ongoing support to American Airlines throughout the Covid-19 pandemic; advice covered the revision of internal health and security protocols, creation of new policies, suspension of employment, reinstatement, reduction and/or reallocation of personnel, amongst other matters.

Pellerano & Herrera

Pellerano & Herrera focuses on labour matters deriving from global M&A transactions, data privacy and health matters. Its most frequent clients include multinationals, a significant number of which operate in the life sciences sector. They turn to the firm to handle employee terminations, the implementation of remote work, compensation matters and confidentiality agreements. The advisory practice is led by special counsel Isabel Andrickson, who is a specialist in social security, among other areas. Lucy Objío heads up the labour litigation group and has niche expertise in sports law. Corporate lawyer Carolina Léon is also a key member of the team.

Practice head(s):

Lucy Objío; Isabel Andrickson

Key clients

Pfizer Inc

Procter and Gamble

Nivea – Beiersdorf

Louis Vuitton

Merck

Jet Blue

Avon Products

Peace Corps

Abbvie

Booking.com

Work highlights

  • Assisting a number of clients on labour issues throughout the Covid crisis.
  • Assisted global pharmaceutical giants Pfizer and Procter & Gamble in the local labour aspects of two global M&A deals.
  • Provided Nivea – Beiersdorf with multi-jurisdictional advice on Covid related labour matters and the review of data privacy policies for employees and third parties.

Squire Patton Boggs

Squire Patton Boggs maintains a core focus on assisting multinational clients with their operations in the country. This includes providing advice to companies entering into, interpreting or terminating labour agreements in the Dominican Republic, the transfer and relocation of executives and employees, and benefits and regulation. Pedro Gamundi heads the department.

Practice head(s):

Pedro Gamundi

Key clients

Diageo Dominicana

Implementos y Maquinarias

Medtronic Dominican Republic

The Clorox Company

Jabil Circuit

La Tabacalera

Vivial Dominicana

V2 Strategic Advisors

Baltimore Orioles Dominican Baseball

Amcor Rigid Plastics Dominicana

Toronto Blue Jays Baseball Club

Milwaukee Brewers

Work highlights

  • Acting as primary labour counsel for Diageo Dominicana, assisting with day-to-day matters, including the drafting and execution of employment agreements for new hires and the drafting of termination documents.
  • Advising Implementos y Maquinarias on all aspects of labour law, including engagement and termination of employees, risk analysis due to changes in the company’s internal policies, and other matters.
  • Acting as Dominican counsel for Jabil Circuit providing labour-related legal opinions and general legal assistance, including guidance on how to marry the company’s management style to the requirements of local labour laws.