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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-3/subchapter-vi/100/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 3 - Labor Relations (§§ 41 — 100e)›Subchapter VI - Bill of Rights of Members of Organized Labor (§§ 100 — 100e)›§ 100 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 3 - Labor Relations (§§ 41 — 100e) › Subchapter VI - Bill of Rights of Members of Organized Labor (§§ 100 — 100e) › § 100 - Definitions
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The following words and phrases shall have the following meanings:
(a) Labor organization.— Shall mean any organization that represents or intends to represent employees or any group of employees acting in concert or a group in which employees participate and which exists for that purpose, in whole or in part, to deal with an employer regarding the protection of rights or to promote the well being of employees with respect to complaints and grievances, employment classifications, and work schedules and/or conditions not covered by Federal Law 86-25 of September 14, 1959, as amended, and better known as the Landrum Griffin Law, including labor organizations that operate under §§ 1451 et seq. of Title 3, §§ 61—76 of this title and the bona fide public employee organizations and associations that operate under §§ 702 of this title and § 4551nt of Title 21, and those organizations that represent public employees, among other things, ensuring the well being and improvements in the working conditions of the public employees by virtue of any special law.
(b) Board.— Shall mean the Labor Relations Board created by §§ 61—76 of this title.
(c) Commission.— Shall mean the Public Service Labor Relations Commission created by §§ 1451 et seq. of Title 3.
(d) Employee.— Shall mean an employee who is an accredited member of a labor organization, as this term is defined herein.
History —Sept. 16, 2004, No. 333, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-3/subchapter-vi/100a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 3 - Labor Relations (§§ 41 — 100e)›Subchapter VI - Bill of Rights of Members of Organized Labor (§§ 100 — 100e)›§ 100a - Bill of Rights
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 3 - Labor Relations (§§ 41 — 100e) › Subchapter VI - Bill of Rights of Members of Organized Labor (§§ 100 — 100e) › § 100a - Bill of Rights
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To guarantee free association and participation for all persons within a labor organization, the following are hereby declared to be protected rights and prerogatives of high public interest for all labor organization members:
(1) The right to elect by direct, individual and secret vote the directors of the labor organization on all levels provided by the pertinent charter and/or bylaws as subject to election by the members of the organization.
(2) The right to nominate candidates to directing offices and positions and to aspire to any elective office or position in the organization, if in compliance with the requirements established by regulations pursuant to law to run for and aspire to a candidacy.
(3) The right to effective participation in the affairs and activities of the organization and to the free expression of ideas, arguments and opinions on any matters concerning the labor organization.
(4) The right to be consulted with respect to the establishment, increase or modification of membership dues and/or the deduction of contributions, donations and/or special or extraordinary apportionments for fixed or provisional terms through direct, individual and secret vote in assemblies and/or special referendums convened for such purposes and duly supervised by the Department of Labor and Human Resources.
(5) The right to have the disciplinary procedures of the organization in compliance with the due process of law including, among other rights, the notification of specific charges in writing; the opportunity to a defense, per se or by a representative, and the opportunity to present witnesses or documents for their defense in a hearing.
(6) The right to be exempted from or protected against sanctions, penalties or acts of undue pressure, coercion, persecution, reprisals or disciplinary measures for establishing or filing any grievances or legal procedures against the labor organization or any of its representatives, directors or employees before any administrative, judicial or legislative forum, for matters, conduct or activities liable to prosecution, hearing, settlement and/or investigation for it being understood in good faith that they have been carried out against the applicable laws, norms or regulations of the organization, or for appearing as a witness in any proceeding held in any of the aforementioned forums to which the member has been duly summoned to appear.
(7) The right to receive a copy of the charter and bylaws of the labor organization and of the collective bargaining agreements, letters or contract agreements negotiated and executed with the employer and if so requested, a copy of any special agreement or stipulation granted as a consequence of any negotiation with the employer other than the collective bargaining agreement negotiation, or the letter or contract agreement.
(8) The right to receive a financial report of the economic and financial activities and operations of the organization signed by the treasurer of the organization on or before August 20 of each year, including a report certified by a certified public accountant on the financial status of the organization from the beginning to the end of the fiscal year, which begins July 1 and ends June 30 of each year. These reports shall be accompanied by a separate list of all expenses, disbursements or investments over $2,000.00, describing the purpose of the expense, disbursement or investment and the salary, per diems, travel expenses or special compensations received by the directors, employees, advisors or consultants of the organization.
(9) The right to examine the books, accounts, money orders, checks, documents and reports pertaining to the economic and financial operations of the organization at a reasonable time and place with prior notification and agreement on the time and place, and the right to obtain a copy of any document of interest, after payment of a modest and reasonable amount to cover the duplication costs for the requested copies. The labor organization shall maintain all the economic and financial documents of its operations for a minimum of six (6) years.
(10) The right to claim that the secrecy and confidentiality of the identity of any member of an organization who provides information which contains data that leads or may lead to a legal, administrative or judicial investigation for violations of this subchapter be maintained and protected for as long as the investigation continues.
History —Sept. 16, 2004, No. 333, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-3/subchapter-vi/100b/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 3 - Labor Relations (§§ 41 — 100e)›Subchapter VI - Bill of Rights of Members of Organized Labor (§§ 100 — 100e)›§ 100b - Jurisdiction
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 3 - Labor Relations (§§ 41 — 100e) › Subchapter VI - Bill of Rights of Members of Organized Labor (§§ 100 — 100e) › § 100b - Jurisdiction
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Jurisdiction is hereby conferred to hear and resolve grievances or violations of the Bill of Rights of employee members of labor organizations to the Labor Relations Board in the case of public sector employees and labor organizations under its jurisdiction, pursuant to the provisions in §§ 61—76 of this title, and to the Public Service Labor Relations Commission in the case of employees and labor organizations under its jurisdiction, pursuant to §§ 1451 et seq. of Title 3, and those labor organizations or associations called bona fide, created pursuant to § 702 of Title 3 and § 4551nt of Title 21, and those labor organizations that are not covered by the aforementioned §§ 61—76 of this tile.
The grievances of employees for violations of this subchapter shall be filed within thirty (30) days of the occurrence of the violation of any of the rights conferred by this subchapter, or of the employee becoming aware of the violation, and shall be heard and considered by the aforementioned entities, pursuant to the procedures established for hearing and [elucidating] illegal work practices by the labor organizations provided in the aforementioned laws that govern the functions and prerogatives of such quasi-judicial entities.
History —Sept. 16, 2004, No. 333, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-3/subchapter-vi/100c/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 3 - Labor Relations (§§ 41 — 100e)›Subchapter VI - Bill of Rights of Members of Organized Labor (§§ 100 — 100e)›§ 100c - Fines
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 3 - Labor Relations (§§ 41 — 100e) › Subchapter VI - Bill of Rights of Members of Organized Labor (§§ 100 — 100e) › § 100c - Fines
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In addition to any other remedy provided in the organic laws of the Board or the Commission for cases of illegal work practices to be imposed upon labor organizations, including the loss of the certification of the labor organization, if it is found as a proven and well founded fact that the labor organization incurred in a sustained pattern of violations of the Bill of Rights provided herein, the Board or the Commission, as the case may be, may impose fines of $500.00 up to $5,000.00 for each violation incurred, without prejudice to the right of any employee to claim through a judicial venue indemnization for any damages incurred as a consequence of the violation of his/her rights, acknowledged by this subchapter, pursuant to the civil body of laws.
History —Sept. 16, 2004, No. 333, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-3/subchapter-vi/100d/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 3 - Labor Relations (§§ 41 — 100e)›Subchapter VI - Bill of Rights of Members of Organized Labor (§§ 100 — 100e)›§ 100d - Document
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 3 - Labor Relations (§§ 41 — 100e) › Subchapter VI - Bill of Rights of Members of Organized Labor (§§ 100 — 100e) › § 100d - Document
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Within forty-five (45) days after the approval of this act, all labor organizations subject to its provisions shall notify the Board or the Commission, as the case may be, through a document containing the following information:
(1) Name of the organization.
(2) Address and telephone number of the main offices, branches and/or local or regional subsidiaries.
(3) Name and titles of the main directors, pursuant to its regulatory administrative structure.
(4) A copy of the collective bargaining agreement in effect and of the charter and bylaws of the organization.
(5) Number of affiliated employees and the agency or public corporation in which its members are employed.
(6) Membership dues.
(7) Copy of the latest financial statement prepared by the organization, a responsibility to be met annually by each organization, covering the fiscal year from July 1 to June 30 of each year, beginning fiscal year 2004—2005.
The Department of Labor and Human Resources shall publish a public notice directed to labor organizations on compliance with this obligation twice (2) in at least two (2) newspapers of general circulation within the first twenty (20) days after this act takes effect.
History —Sept. 16, 2004, No. 333, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-3/subchapter-vi/100e/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 3 - Labor Relations (§§ 41 — 100e)›Subchapter VI - Bill of Rights of Members of Organized Labor (§§ 100 — 100e)›§ 100e - Financial reports
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 3 - Labor Relations (§§ 41 — 100e) › Subchapter VI - Bill of Rights of Members of Organized Labor (§§ 100 — 100e) › § 100e - Financial reports
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None of the provisions set forth shall hinder the Board or the Commission from demanding that the labor organizations or its directors render financial reports or statements of the labor organization or its directors when deemed necessary to comply with the duties established in this subchapter.
If the labor organization is duly acknowledged and certified by §§ 1451 et seq. of Title 3, and in compliance with said sections renders the reports and documents required herein, it shall not have to comply with the provisions in this subchapter concerning said information and documents.
History —Sept. 16, 2004, No. 333, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-5/101/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109)›§ 101 - Limitation on injunctive power of courts
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109) › § 101 - Limitation on injunctive power of courts
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No court of Puerto Rico shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in strict accordance with the provisions of this chapter.
History —Aug. 4, 1947, No. 50, p. 276, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-5/102/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109)›§ 102 - Specific acts exempt from restraint or injunction
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109) › § 102 - Specific acts exempt from restraint or injunction
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No court of Puerto Rico shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of a labor dispute, to prohibit any person or persons participating or interested in such dispute from doing, whether singly or in concert, any of the following acts:
(a) Ceasing or refusing to perform any work or to remain in any relation of employment.
(b) Becoming or remaining a member of any labor organization.
(c) Paying or giving to, or withholding from, any person participating or interested in such labor dispute any strike benefits, strike insurance, or other moneys or things of value.
(d) By all lawful means aiding any person participating or interested in any labor dispute who is being proceeded against in, or is prosecuting, any action or suit in any court of Puerto Rico.
(e) Giving publicity to the existence of or the facts involved in any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence.
(f) Assembling peaceably to act or to organize, or to act in promotion of their interests in a labor dispute.
(g) Refuse to support any party to said dispute, or recommend to, advise, or persuade others, not to support any party to said dispute.
(h) Advising or notifying any person of an intention to do any of the acts heretofore specified.
(i) Agreeing with other persons to do or not to do the acts heretofore specified.
(j) Advising, urging, or otherwise promoting or inducing, without fraud or violence, the acts heretofore specified.
History —Aug. 4, 1947, No. 50, p. 276, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-5/103/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109)›§ 103 - Conspiracy or unlawful combination to do acts in concert
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109) › § 103 - Conspiracy or unlawful combination to do acts in concert
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No court of Puerto Rico shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitutes or is engaged in an unlawful combination or conspiracy for the doing in concert of the acts enumerated in § 102 of this title.
History —Aug. 4, 1947, No. 50, p. 276, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-5/104/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109)›§ 104 - Liability for acts of officers or members of organizations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109) › § 104 - Liability for acts of officers or members of organizations
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No officer or member of any association or organization, and no association or organization, participating or interested in a labor dispute shall be held responsible or liable in any court of Puerto Rico for the unlawful acts of individual officers, members, or agents, except upon clear proof of the actual participation in such acts, or that they have really authorized the same or have ratified them after having full knowledge thereof.
History —Aug. 4, 1947, No. 50, p. 276, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-5/105/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109)›§ 105 - Grounds for issuing injunctions; hearings; temporary order; undertaking
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109) › § 105 - Grounds for issuing injunctions; hearings; temporary order; undertaking
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No court of Puerto Rico shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, except after hearing the testimony of witnesses in open court (with opportunity for cross-examination) in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered, and except after findings of fact by the court, to the effect:
(a) That acts of fraud or violence have been threatened and will be committed unless restrained, or said acts have been and will continue to be committed unless restrained; but no injunction or temporary restraining order shall be issued on account of any threat or act of fraud or violence, except against the person or persons or association or organization making the threat of committing the act of fraud or violence or actually authorizing the same after full knowledge thereof;
(b) that substantial and irreparable injury to complainant’s physical property will result;
(c) that as to each item of relief sought on each allegation greater injury will be inflicted upon the complainant by the denial of relief than will be inflicted upon the defendants by the granting of relief;
(d) that complainant has no other adequate remedy at law, and
(e) that the public officers charged with the duty to protect the property of the complainant are unable or unwilling to furnish adequate protection.
The hearing shall be held after due and personal notice thereof has been given, in such manner as the court shall direct, to all known persons against whom relief is sought, and also to the Chief of Police of Puerto Rico in the city or town where the acts of violence or fraud have been committed or threatened.
If the complainant shall allege that unless a temporary restraining order be issued, a substantial and irreparable injury to complainant’s physical property will be unavoidable, the court shall call together the parties affected at the earliest opportunity within the twenty-four (24) hours following the filing of the application, for a summary hearing which shall be held in chambers or in open court, as the court may determine. The marshal shall immediately serve notice on the parties affected. The court shall hear both parties briefly, and shall admit such testimony and documentary evidence as may be necessary to form a judgment as to the urgency of the order sought.
If the labor party to the proceedings shall fail to appear, or if it has not been possible to serve notice on said party, after the marshal has made reasonable and diligent efforts therefor, the court shall hear the complainant.
Both in the case that both parties appear, as when only one of them does appear, if proof is submitted sufficient for issuing a preliminary injunction in accordance with the requirements of this chapter, a temporary restraining order, which shall be effective for a period of not more than five (5) days, may be issued immediately after the hearing. No restraining order shall be issued except on condition that complainant shall first file an undertaking with adequate security in an amount to be fixed by the court sufficient to recompense those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of such order, including all reasonable costs (together with a reasonable attorney’s fee) and expense of defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.
History —Aug. 4, 1947, No. 50, p. 276, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-5/106/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109)›§ 106 - Good faith of complainant as prerequisite for relief
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109) › § 106 - Good faith of complainant as prerequisite for relief
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No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation fixed by the laws involved in the labor dispute in question, or who has failed to make every effort to settle such dispute either by negotiation or with the aid of the Conciliation Service and voluntary arbitration.
History —Aug. 4, 1947, No. 50, p. 276, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-5/107/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109)›§ 107 - Finding of facts as basis for injunction; order limited to prohibition
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109) › § 107 - Finding of facts as basis for injunction; order limited to prohibition
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No restraining order or temporary or permanent injunction shall be granted in any case involving or growing out of a labor dispute, except on the basis of finding of facts made and filed by the court in the record of the case prior to the issuance of such restraining order or writ of injunction; and every restraining order or writ of injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the bill of complaints or petition filed in such case and as shall be expressly included in said findings of fact made and filed by the court in the records of the case, as provided in this section.
History —Aug. 4, 1947, No. 50, p. 276, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-5/108/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109)›§ 108 - Appeal to Supreme Court
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109) › § 108 - Appeal to Supreme Court
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Whenever any court shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, forthwith certify, as in ordinary cases, the record of the case to the Supreme Court of Puerto Rico for its review. Upon the filing of such record in the Supreme Court of Puerto Rico, the appeal shall be heard and affirmed, modified, or reversed with the greatest possible expedition, giving the proceedings precedence over all other matters, except other matters of the same character previously filed.
The order of the court granting or denying any temporary or permanent injunction shall subsist as to all of its terms until the Supreme Court of Puerto Rico enters final resolution in the proceedings for review.
History —Aug. 4, 1947, No. 50, p. 276, § 8.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-5/109/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109)›§ 109 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 5 - Injunctions in Labor Disputes (§§ 101 — 109) › § 109 - Definitions
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When used in this chapter, and for the purposes hereof:
(a) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, craft, or occupation, or have direct or indirect interest therein; or who are employees of the same employer; or who are members of the same [or] of an affiliated organization of employers or employees; whether such dispute is:
(1) Between one or more employers or associations of employers and one or more employees or associations of employees;
(2) between one or more employers or associations of employers and one or more employers or associations of employers, or
(3) between one or more employees or associations of employees and one or more employees or associations of employees; or when the case involves any conflicting or competing interests in a labor dispute of persons participating or interested therein.
(b) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against said person or association, or if any of them is engaged in the same industry, trade, craft, or occupation in which such dispute occurs, or has a direct or indirect interest therein, or is a member, officer, or agent of any association composed in whole or in part of employers or employees engaged in such industry, trade, craft, or occupation.
(c) The term “labor dispute” includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment regardless of whether or not the disputants stand in the proximate relation of employer and employee.
History —Aug. 4, 1947, No. 50, p. 276, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/131/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 131 - Interference with voting rights—By employer
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 131 - Interference with voting rights—By employer
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Every employer who seeks by coercion, intimidation or threats, to dismiss, or who refuses to employ, or who reduces the wages of any workman, for the purpose of inducing him to vote at any legal election according to the will of the employer or of any of his agents, or who in any manner demands of the laborer employed by him that he exhibit the ballot for examination by the employer or any other person representing him, shall be guilty of a misdemeanor.
History —Apr. 28, 1930, No. 47, p. 366, § 1, eff. 90 days after Apr. 28, 1930.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/132/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 132 - Interference with voting rights—By officer or agent of employer
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 132 - Interference with voting rights—By officer or agent of employer
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Any officer, employee or agent of a corporation, firm or other person, invested with power and authority to dismiss laborers or to employ them, who by coercion in any manner attempts to dismiss any such laborer or to reduce his compensation as such laborer, in order to induce him to vote at any legal election according to the desires of the corporation, or of the officer or agent representing it, or who in any manner attempts to examine the ballot of such laborer, shall be guilty of a misdemeanor.
History —Apr. 28, 1930, No. 47, p. 366, § 2, eff. 90 days after Apr. 28, 1930.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/133/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 133 - Interference with voting rights—Ouster from home
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 133 - Interference with voting rights—Ouster from home
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Any corporation, firm, employer, officer or agent who, on account of political opinions, three months prior to or after any legal election, directs or promotes any kind of proceedings for the purpose of ousting from his home any laborer who has been employed by such corporation, firm or employer, and who has occupied lands thereof, or land owned by the employer, for at least two years prior to the date of the election, shall be guilty of a misdemeanor.
History —Apr. 28, 1930, No. 47, p. 366, § 3, eff. 90 days after Apr. 28, 1930.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/134/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 134 - Interference with voting rights—Blacklist to prevent employment
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 134 - Interference with voting rights—Blacklist to prevent employment
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Any person, firm, corporation, employer, agent, or person in charge, who, on account of political opinions, in any manner whatever induces or notifies another firm, corporation or employer not to give work to one or more laborers, and that their names be recorded in any manner so that no work be given them, or to prevent their obtaining work at any other place, shall be guilty of a misdemeanor.
History —Apr. 28, 1930, No. 47, p. 366, § 4, eff. 90 days after Apr. 28, 1930.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/135/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 135 - Interference with voting rights—Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 135 - Interference with voting rights—Penalties
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Any corporation, firm, employer or their agents, officers or persons in charge, who violate any of the provisions of §§ 131—135 of this title or any part thereof, upon conviction shall be sentenced to pay a fine of not more than five thousand dollars ($5,000), or less than five hundred dollars ($500), or by imprisonment for not more than one year, or less than six (6) months.
History —Apr. 28, 1930, No. 47, p. 366, § 5, eff. 90 days after Apr. 28, 1930.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/140/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 140 - Prejudicial discrimination by employer—Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 140 - Prejudicial discrimination by employer—Penalties
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Any employer who performs any act of prejudicial discrimination against his workmen or employees, or any of them, because the same have organized, or taken part in activities of, a labor union, or have demanded the making of a collective labor agreement, or have participated in a strike or in a claim for better wages and working conditions, or because they are affiliated with a certain political party, shall be guilty, in the case of each workman or employee against whom he may have performed an act of prejudicial discrimination, of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment in jail for a term of not less than thirty (30) days nor more than ninety (90) days, or by both penalties, in the discretion of the court. In case of subsequent offenses, the fine shall not be less than three hundred dollars ($300) and the imprisonment in jail shall not be less than ninety (90) days, or both penalties, in the discretion of the court.
History —May 7, 1942, No. 114, p. 690, § 1, eff. 90 days after May 7, 1942.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/141/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 141 - Prejudicial discrimination by employer—Actions as evidence of violations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 141 - Prejudicial discrimination by employer—Actions as evidence of violations
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Any of the following acts, without prejudice to others of a similar nature, shall constitute prima facie evidence of the violation of §§ 140—143 of this title in the case of workmen or employees against whom the employer performs acts of prejudicial discrimination for any of the circumstances stated in § 140 of this title.
(1) Dismissal without just cause.
(2) Unjustified reduction of wages.
(3) Increase of the working day without adequate compensation.
(4) Imposing of more onerous conditions of work.
(5) Lowering in the employment, position, function, or work that they do.
(6) The deprivation or refusal of benefits, facilities, improvements, services, rest, vacations, pensions, or bonuses that they might have been receiving or enjoying by reason of the employment.
History —May 7, 1942, No. 114, p. 690, § 2, eff. 90 days after May 7, 1942.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/142/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 142 - Prejudicial discrimination by employer—Definition of “employer”
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 142 - Prejudicial discrimination by employer—Definition of “employer”
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In §§ 140—143 of this title, unless otherwise deducted from the context thereof, the word “employer” shall include any natural or [juridical] person employing workmen or employees, and the manager, administrator, superintendent, foreman, overseer, timekeeper, paymaster, or representative of said natural or [juridical] person.
History —May 7, 1942, No. 114, p. 690, § 3, eff. 90 days after May 7, 1942.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/143/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 143 - Prejudicial discrimination by employer—Pleading
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 143 - Prejudicial discrimination by employer—Pleading
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No complaint for violations of §§ 140—143 of this title can be dismissed, alleging accumulation of faults committed, or for defect of form, provided that the fault or faults complained of are included within the terms of sections 140—143 of this title.
History —May 7, 1942, No. 114, p. 690, § 4, eff. 90 days after May 7, 1942.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/144/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 144 - Commissaries and cash advances prohibited; cafeterias excepted
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 144 - Commissaries and cash advances prohibited; cafeterias excepted
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In every employment, undertaking, or establishment of whatever nature it may be, such as industrial enterprises, agricultural undertakings and mercantile establishments employing more than ten (10) persons, said enterprises, undertakings, and establishments, or their representatives, are hereby prohibited from maintaining, operating, or having any direct or indirect interest in businesses for the sale of provisions, tools, merchandise, clothing, or similar articles, to their workmen or employees. Cafeterias established by industrial or manufacturing enterprises for the purpose of providing their workmen or employees with facilities for obtaining meals at reasonable prices within the premises of the factory itself, either as part of the activities of the enterprise or through grantees inspected by it, are hereby exempted from this prohibition; Provided, That it shall be optional for said workmen or employees to eat in said cafeterias or provide for themselves in any other manner; Provided, further, That the Minimum Wage Board shall pass upon the reasonableness of the prices of the foods purveyed in cafeterias to which this section refers.
It shall be unlawful for any employer or his representative to make cash advances to his workmen, or to permit or agree that any other natural or artificial person do so in his name, when such advances are made for the purposes of defeating the purposes of this section and § 145 of this title or of furnishing means so that the workmen may spend such advances for the purchase of merchandise in a particular commercial establishment, aside from any hereinabove exempted from the prohibition contained in this section.
History —Apr. 10, 1942, No. 27, p. 400, § 1; Dec. 4, 1947, No. 7, p. 308.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/145/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 145 - Commissaries and cash advances prohibited; cafeterias excepted—Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 145 - Commissaries and cash advances prohibited; cafeterias excepted—Penalties
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Every natural or [juridical] person who personally or through his agents, employees, or partners, violates the provisions of § 144 of this title, shall be guilty of a misdemeanor for each one of the days on which he does business in contravention of § 144 of this title and, upon conviction, there shall be imposed upon him a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200), or he shall be imprisoned in jail for a term of not less than thirty (30) days nor more than ninety (90) days, or both penalties shall be imposed on him, in the discretion of the court.
History —Apr. 10, 1942, No. 27, p. 400, § 2, eff. 90 days after Apr. 10, 1942.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/146/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 146 - Discrimination based on age, race, color, sex, sexual orientation, gender identity, social o...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 146 - Discrimination based on age, race, color, sex, sexual orientation, gender identity, social or national origin, social condition, political affiliation, political or religious beliefs, or for being a victim or perceived as a victim of domestic violence, sexual assault or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status
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Any employer who discharges, lays off or discriminates against an employee regarding his/her salary, wage, pay or remuneration, terms, rank, conditions or privileges of his/her job, or who fails or refuses to hire or rehire a person, or who limits or classifies his/her employees in any way which tends to deprive a person of employment opportunities, or that affects his/her employee status because of his/her age, as defined below, race, color, sex, sexual orientation, gender identity, social or national origin, social condition, political affiliation or political or religious beliefs of the employee or applicant for employment, or for being a victim or perceived as a victim of domestic violence, sexual assault or stalking:
(a) Shall incur in civil liability:
(1) For a sum equal to twice the amount of damages sustained by the employee or applicant for employment on account of such action;
(2) or for a sum of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), at the discretion of the court, if no pecuniary damages are determined;
(3) or twice the amount of the damages sustained if such amount is under the sum of five hundred dollars ($500), and
(b) he/she shall also incur a misdemeanor, and upon conviction, shall be punished by a fine of up to five thousand dollars ($5,000) or by imprisonment in jail for a term not greater than ninety (90) days, or by both penalties, at the discretion of the court.
Similarly, any employer who commits any of the acts mentioned in the first paragraph of this section relative to a person married to an employee of his/her company or business, shall be guilty of discriminatory practice and incur the aforementioned civil and penal liability. This provision shall apply to those persons who get married who aspire to employment as well as to those who are already employed by the employer.
Notwithstanding the provisions stated in the preceding paragraph, in those situations in which a clear conflict of functions exists due to the marriage, and which substantially and adversely affects business operations, the employer shall be obligated to make a reasonable adjustment or compromise regarding the functions of the employees or employment aspirants. This practice shall apply to companies or businesses with (50) or more employees.
The aforementioned must be done so as not to affect the right of the employer to establish reasonable regulations concerning the working conditions of married couples employed in the same department, division or physical facility.
The following factors shall be taken into consideration in order to comply with that stipulation: the size of the company’s physical facilities and number of employees; its organizational chart, ranking and line of command; its physical needs and the specific problem or difficulties which could be caused by the married couple.
In the judgment passed on civil actions brought under the aforesaid provisions, the court may order the employer to reinstate the employee in his/her job and to cease and desist from the act involved.
—June 30, 1959, No. 100, p. 284, § 1; May 30, 1972, No. 50, p. 114, § 3; June 22, 1975, No. 58, p. 131, § 2; June 7, 1977, No. 37, p. 81, § 2; June 3, 1983, No. 67, p. 142, § 2; May 31, 1991, No. 10, § 1; Dec. 20, 1991, No. 116, § 1; Sept. 13, 1997, No. 121, § 2; Sept. 2, 2000, No. 331, § 2; Dec. 17, 2006, No. 271, § 2; Aug. 13, 2008, No. 250, § 1, eff. 30 days after Aug. 13, 2008; Sept. 13, 2012, No. 232, § 1; May 29, 2013, No. 22, § 12.
History
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/146a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 146a - Discrimination because of age, race, color, sex, sexual orientation, gender identity, socia...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 146a - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social or national origin or social status, political affiliation, or political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status—Publishing; announcements
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It shall be unlawful for any employer or organization to publish or circulate, or allow the publication or circulation of announcements, notices or any other form of diffusion, denying equal employment opportunities, directly or indirectly, to any person indiscriminately, based on his/her race, color, sex, marital status, sexual orientation, gender identity, social or national origin, social condition, political affiliation or political or religious beliefs, or for being a victim or perceived as a victim of domestic violence, sexual assault or stalking, or without just cause, because of age, or by establishing limitations which may exclude any person because of his/her race, color, sex, marital status, sexual orientation, gender identity, social or national origin, social condition, political affiliation or political or religious beliefs, or for being a victim or perceived as a victim of domestic violence, sexual assault or stalking, or because of his/her age, without just cause.
Any employer or labor organization violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of up to five thousand dollars ($5,000) or by imprisonment in jail, for a term of not more than ninety (90) days, or both penalties, in the discretion of the court.
History —June 30, 1959, No. 100, p. 284, added as § 1-A on June 14, 1960, No. 84, p. 150; May 30, 1972, No. 50, p. 114, § 3; June 22, 1975, No. 58, p. 131, § 3; June 7, 1977, No. 37, p. 81, § 3; June 3, 1983, No. 67, p. 142, § 3; Dec. 20, 1991, No. 116, § 2; Sept. 13, 1997, No. 121, § 3; Dec. 17, 2006, No. 271, § 3; Aug. 13, 2008, No. 250, § 2, eff. 30 days after Aug. 13, 2008; Sept. 13, 2012, No. 232, § 1; May 29, 2013, No. 22, § 13.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/147/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 147 - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 147 - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social or national origin or social status, political affiliation, or political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status—Discrimination by labor union
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Any labor organization which limits, divides or classifies its members in any manner that deprives or tends to deprive anyone who aspires or is entitled to become a member of said organization, of an employment opportunity based on his/her age, race, color, religion, sex, marital status, sexual orientation, gender identity, social or national origin, political affiliation, political beliefs or social condition, or for being a victim or perceived as a victim of domestic violence, sexual assault or stalking:
(a) Shall incur in civil liability:
(1) For a sum equal to twice the amount of the damages sustained through such act by the member or person concerned;
(2) for a sum of not less than one hundred [dollars] ($100) nor more than one thousand dollars ($1,000), in the discretion of the court, if no pecuniary damages are determined;
(3) for twice the amount of damages sustained, if said amount were under the sum of one hundred dollars ($100), and
(b) shall also be guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of up to five thousand dollars ($5,000), or by imprisonment in jail for a term of not more than ninety (90) days, or both penalties, in the discretion of the court.
The court may, in the judgment passed on civil actions brought under the provisions of this section, further direct the labor union to cease and desist from such action.
History —June 30, 1959, No. 100, p. 284, § 2; May 30, 1972, No. 50, p. 114, § 3; June 7, 1977, No. 37, p. 81, § 4; June 3, 1983, No. 67, p. 142, § 4; Dec. 20, 1991, No. 116, § 3; Sept. 13, 1997, No. 121, § 4; Dec. 17, 2006, No. 271, § 4; Aug. 13, 2008, No. 250, § 3, eff. 30 days after Aug. 13, 2008; Sept. 13, 2012, No. 232, § 1; May 29, 2013, No. 22, § 14.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/147a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 147a - Discrimination because of age, race, color, sex, sexual orientation, gender identity, socia...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 147a - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social or national origin or social status, political affiliation, or political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status—Apprenticeship, training or retraining
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Any employer, labor organization or joint labor-management committee that controls apprenticeship, training or retraining programs, including on-the-job training programs, which discriminates against a person based on his/her race, color, sex, marital status, sexual orientation, gender identity, social origin or condition, political affiliation, political or religious beliefs, or for being a victim or perceived as a victim of domestic violence, sexual assault, or stalking, or because of his/her advanced age, without just cause to be admitted to, or employed in any apprenticeship or other training program:
(a) Shall incur civil liability:
(1) For a sum equal to twice the amount of the damages sustained by the employee or applicant for employment on account of such action;
(2) or for a sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), in the discretion of the court, if no pecuniary damages are determinable;
(3) or for twice the amount of the damages sustained if said amount were under the sum of one hundred dollars ($100), and
(b) shall also be guilty of a misdemeanor and upon conviction, be punished by a fine of up to five thousand dollars ($5,000) or by imprisonment in jail for a term [no less than thirty (30) days] not more than ninety (90) days, or by both penalties, in the discretion of the court.
The court may, in the judgment passed on civil actions brought under the preceding provisions, direct the employer to reinstate the employee in his former employ and to cease and desist from the act involved.
History —June 30, 1959, No. 100, p. 284, added as § 2-A on June 22, 1975, No. 58, p. 131; Dec. 20, 1991, No. 116, § 4; Sept. 13, 1997, No. 121, § 5; Dec. 17, 2006, No. 271, § 5; Aug. 13, 2008, No. 250, § 4, eff. 30 days after Aug. 13, 2008; Sept. 13, 2012, No. 232, § 1; May 29, 2013, No. 22, § 15.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/148/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 148 - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 148 - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social or national origin or social status, political affiliation, or political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status—Presumptions
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Any of the acts mentioned in the preceding sections shall be presumed to have been committed in violation of §§ 146—151 of this title, whenever the same shall have been performed without good cause. This presumption shall be of a controvertible character.
It shall not be presumed that the employer had knowledge of the personal situation of any employee in cases of discrimination against victims or presumed victims of domestic violence, sexual aggression or stalking, unless the employer was in effect in a position to have such knowledge.
The employer shall make the reasonable and necessary adjustments or accommodations in the workplace in order to protect its employees from a possible aggressor, once he/she receives notice of the potential occurrence of a dangerous situation. Failure to do so shall be presumed to be discriminatory conduct.
History —June 30, 1959, No. 100, p. 284, § 3; Dec. 17, 2006, No. 271, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/148a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 148a - Discrimination because of age, race, color, sex, sexual orientation, gender identity, socia...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 148a - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social or national origin or social status, political affiliation, or political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status—Records and reports
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Every employer and labor union shall keep and maintain for periods of time:
(a) Relevant records in order to determine if there have been or are being committed discriminatory employment practices as set forth in §§ 146–151 of this title, and
(b) shall render reports on said records as the Secretary of Labor and Human Resources may determine through regulations approved to such effect, upon previous hearing, to enforce and put into effect the provisions of §§ 146–151 of this title and the implementation thereof.
The Secretary of Labor and Human Resources shall require through regulation that each employer, labor union or joint management-labor committee controlling any apprenticeship and/or training program keep and maintain the records that may be necessary for the implementation of §§ 146–151 of this title, including, but without being limited to, a list of applicants or candidates for employment who wish to participate in those programs, and including, also, the chronological order in which the applications were received and they shall furnish to the Secretary, upon request, a detailed description of the manner in which the persons are chosen to participate in the apprenticeship and/or training programs.
Any employer or labor union violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction punished by a fine of up to five thousand dollars ($5,000) or imprisonment in jail for a term of not more than ninety (90) days, or both penalties, in the discretion of the court.
History —June 30, 1959, No. 100, p. 284, added as § 3-A on June 22, 1975, No. 58, p. 131, § 5; Aug. 13, 2008, No. 250, § 4, eff. 30 days after Aug. 13, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/149/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 149 - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 149 - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social or national origin or social status, political affiliation, or political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status—Enforcement
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The Court of First Instance and the District Court shall have concurrent original jurisdiction in all cases arising under §§ 146—151 of this title. Civil claims may be prosecuted by ordinary action or through the complaint proceeding established by Act No. 10 of Nov. 14, 1917, as heretofore or hereafter amended.
The claims that several or all workers or employees or applicants for employment may have against a common employer or labor union, may be joined in one sole action.
The Secretary of Labor and Human Resources may, on his own initiative, or at the request of one or more workers or employees or applicants for employment having an interest in the matter, and in representation and for the benefit of one or more of them who are undergoing similar circumstances, order the payment of any sum owing to them, or the fulfillment of any right conferred by §§ 146—151 of this title. Any worker or employee or applicant for employment having an interest in the action may intervene in any suit so instituted by the Secretary of Labor and Human Resources, who, likewise, may intervene in any action brought by any worker or employee or applicant for employment under the terms of §§ 146—151 of this title.
In any judgment passed against any employer or labor union the latter shall be imposed costs and a reasonable sum which shall never be under one hundred dollars ($100) for attorney’s fees, if the attorney were not one from the Department of Labor and Human Resources.
History —June 30, 1959, No. 100, p. 284, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/150/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 150 - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 150 - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social or national origin or social status, political affiliation, or political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status—Department of Labor and Human Resources, Secretary, duties
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The duty to enforce §§ 146—151 of this title is hereby imposed upon the Secretary of Labor and Human Resources.
The Secretary of Labor and Human Resources is hereby empowered to adopt any rules or regulations that are necessary:
(a) To enable the execution and purpose of §§ 146 et seq. of this title, and
(b) without limiting the general nature of the above, to define terms or words used §§ 146—151 of this title. All rules and regulations, after having been approved by the Governor and being duly promulgated, shall have the force of law.
The Secretary of Labor and Human Resources or his/her representative, is hereby authorized to perform all investigations and inspections he/she may consider necessary or convenient on his/her own initiative or through a complaint filed by a person, to determine whether an employee or labor organization has failed to comply with the provisions of §§ 146—151 of this title and to see that they are complied with, and to obtain information to be used in the administration of any of its provisions.
When a complaint for discrimination is filed at the Department of Labor and Human Resources, the one year statute of limitations to file for judicial action shall be interrupted upon notice of the complaint to the employer or defendant, provided the notice is served within said time limitation. Furthermore, said statute of limitations shall remain suspended or frozen while the complaint is being processed at the Department of Labor and Human Resources and the defendant has not been notified of the decision of the Secretary of that Department, concerning the claim. If while the claim is being processed at the Department of Labor and Human Resources, the claimant requests to be allowed to withdraw the complaint, or states that he/she no longer wishes to pursue the action, the aforementioned time limitation shall begin again from the date the Secretary of Labor and Human Resources gives notice of his/her decision to the parties. In the other cases, the statute of limitations shall be interrupted with the extrajudicial claim, with the filing of the corresponding judicial action or by the acknowledgement of the debt on the part of the employer or his/her authorized agent.
Every employer or labor organization thus investigated, as well as their officials, employees, agents and representatives, shall produce and make available to the Secretary the records, documents or files in their possession pertaining to matters under the investigation.
In the exercise of such duties and faculties, the Secretary or any employee of the Department which he/she may designate, is hereby authorized to hold public hearings, summon witnesses, take oaths, receive testimony and, in compliance with these provisions, may issue summons under penalty of contempt of court, compel the appearance of witnesses and the production of facts, information or documentary evidence as well as of any other kind, and may also examine and copy books, records and any other documents or papers belonging to the said employer or labor organizations and may also request any other information in order to comply with the provisions of §§ 146—151 of this title; and may also resort to the Court of First Instance of Puerto Rico, to request it to order compliance with any summons or order issued by the Secretary. Non-compliance of a court order granting such a request shall constitute contempt of court.
Jurisdiction is hereby conferred upon the San Juan Court of First Instance Parts so that, at the instance of the Secretary of Labor and Human Resources, they issue injunctions and grant any other legal remedies that may be needed to enforce the terms of §§ 146—151 of this title and to see that the rules, regulations, orders and decisions issued by the Secretary of Labor and Human Resources under of the powers conferred upon him by §§ 146—151 of this title, are complied with.
The attorneys of the Department of Labor and Human Resources may act as prosecutors with all the powers and authority of the District Attorneys, in criminal cases that may arise under the provisions of §§ 146—151 of this title.
History —June 30, 1959, No. 100, p. 284, § 5; June 22, 1975, No. 58, p. 131, § 6; May 31, 1991, No. 10, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/150a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 150a - Discrimination because of age, race, color, sex, sexual orientation, gender identity, socia...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 150a - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social or national origin or social status, political affiliation, or political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status—Posting of excerpt
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Every employer and labor union shall post in a conspicuous place in his or its establishment an excerpt which the Secretary of Labor and Human Resources shall prepare and supply of the provisions and regulations of §§ 146—151 of this title.
Any employer or labor union violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction punished by a fine of up to five thousand dollars ($5,000), or imprisonment in jail for a term not more than ninety (90) days, or both penalties, in the discretion of the court for every violation incurred.
History —June 30, 1959, No. 100, p. 284, added as § 5-A on June 22, 1975, No. 58, p. 131, § 7; Aug. 13, 2008, No. 250, § 5, eff. 30 days after Aug. 13, 2008.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/151/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 151 - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 151 - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social or national origin or social status, political affiliation, or political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status—Definitions
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The following terms, as used in §§ 146 et seq. of this title, shall have the following meanings:
(1) Age.— Means any age from the minimum age at which minors are legally allowed to work, according to the occupation or industry concerned, without any limit whatsoever.
(2) Employer.— Includes any natural or [juridical] person employing laborers, workers or employees, and the chief, official, manager, officer, managing partner, administrator, superintendent, foreman, overseer, agent or representative of such natural or [juridical] person. It shall include all such agencies or instrumentalities of the Government of Puerto Rico as may be operating as private businesses or enterprises.
(3) Labor union.— Has the same meaning and scope of the same term as used in the Labor Relations Act of Puerto Rico, §§ 61—76 of this title, but it shall also include the officers, directors or representatives of the labor union.
(4) Stalking.— Shall mean the conduct typified in §§ 4013—4026 of Title 33, as amended by Act No. 376 of September 16, 2004.
(5) Sexual assault.— Shall mean the conduct typified in § 4770 of Title 33.
(6) Domestic violence.— Shall mean the conduct typified in §§ 601 et seq. of Title 8.
(7) Sexual orientation.— Means the ability of any person of having an emotional, affectional, or sexual attachment to persons of the other gender, the same gender, or more than one gender. In order to accomplish all the purposes provided herein, this definition shall be interpreted as broadly as possible to extend the benefits thereof to any citizen who is a victim of discrimination, whether it is a one-time event or a pattern.
(8) Gender identity.— Means the manner in which an individual identifies or recognizes him/herself in relation to his/her gender, with or without regard to the individual’s designated sex at birth. In order to accomplish all the purposes provided herein, this definition shall be interpreted, as broadly as possible to extend the benefits thereof to any citizen who is a victim of discrimination, whether it is a one-time event or a pattern, and in accordance with the provisions of Public Law No. 111-84 (2009), the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.
(9) Servicemember.— Means any person serving in the Armed Forces in any of the seven (7) uniformed services of the Government of the United States, to wit: the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, the United States Public Health Service Commissioned Corps, the National Oceanic and Atmospheric Administration Commissioned Corps, and the legal successors thereof. Moreover, it shall include such servicemembers whose service in the Armed Forces or the National Guard meets the requirements provided by Federal laws currently in effect. This term shall also include retirees from all Armed Forces components.
(10) Ex-servicemember.— Means any person who has honorably served in any of the seven (7) uniformed services of the Government of the United States, to wit: the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, the United States Public Health Service Commissioned Corps, the National Oceanic and Atmospheric Administration Commissioned Corps, and the legal successors thereof; including retirees other than veterans, as defined in this Act. Moreover, it shall include ex-servicemembers whose service in the Armed Forces or the National Guard meets the requirements provided by Federal laws currently in effect.
(11) Veteran.— Shall have the meaning as provided in §§ 735-743 of this title, better known as the “Bill of Rights of the Puerto Rican Veteran for the 21st Century”.
—June 30, 1959, No. 100, p. 284, § 6; May 30, 1972, No. 50, p. 114, § 1; June 7, 1977, No. 37, p. 81, § 5; June 3, 1983, No. 67, p. 142, § 5; Dec. 8, 1990, No. 32, p. 1538, § 1; Dec. 17, 2006, No. 271, § 7; Sept. 13, 2012, No. 232, § 2; May 29, 2013, No. 22, § 16.
History
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/152/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 152 - Dismissal for service on jury, right to reinstatement
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 152 - Dismissal for service on jury, right to reinstatement
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(a) The right is hereby established of any person dismissed from employment on account of his having been called upon to serve, or having served, as a jury member in a court of justice of Puerto Rico, whether commonwealth or federal, to be reinstated in his office or employment, or in one of like category, status and salary. Such a person shall also be entitled to any additional benefits as would have, naturally, accrued to him had he not been unlawfully dismissed from his employment.
(b) The reinstatement shall take place within the forty eight (48) hours next following the termination of his functions as juror. To be reinstated the interested party must appear personally at his employment before the said term; otherwise it shall be understood that he waives his right to reinstatement.
(c) Any person who has had to absent himself from his job to act as juror may, at his discretion, charge the time that he has been absent to act as such, to his regular vacation leave. The provisions of this subsection shall in no way affect the rights acquired through collective bargaining to these effects.
(d) Any employer who dismisses a person for having served as a juror, or refuses to reinstate him for this reason or reinstates him in a position of an inferior category, status, or retribution than what he held at the moment he started to serve as a juror, provided the provisions of subsection (b) of this section are met, shall incur civil liability for a sum equal to twice the amount of damages caused by his action to this person, or for a sum of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) at the discretion of the court, if the pecuniary damages cannot be determined.
History —June 26, 1964, No. 87, p. 268; May 23, 1984, No. 22, p. 47, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/153/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 153 - Employment of aliens not having legal residence—Prohibition
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 153 - Employment of aliens not having legal residence—Prohibition
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(a) No employer shall knowingly employ an alien not having legal residence in the United States.
(1) No employer shall employ, directly or through an agent, an alien whom a reasonable investigation would have shown that he had no legal residence in the country.
(2) No person, acting as agent for an employer or employee, shall refer to an employer a person to be employed whom a reasonable investigation would have shown that he had no legal residence in the country.
(3) An investigation may be considered reasonable to exempt a person from the penalties of this section, whenever there are requested, obtained and inspected, for the purpose of verifying if a prospective employee is legally in the country, the following documents:
(A) Birth Certificate.
(B) Document issued by the corresponding American Consulate or the United States Immigration and Naturalization Service authorizing him to work.
(C) Selective Service Registration Certificate.
(b) The preceding provisions shall not prevent civil actions against an employer and/or agent for violations to subsection (a) of this section and if substituted by an alien without legal residence in the United States of America, any workman who has been discharged from employment without a just cause founded in actions which are personally chargeable, such as his conduct and efficiency on his work, shall be entitled to reinstallation in his employment, and to receive the wages uncollected owing to such action of his employer and he may use for his claim the summary procedure established by §§ 3118—3132 of Title 32.
(c) Sections 153 and 154 of this title shall not apply to any employer who employs aliens who may have previous authorization from the United States Immigration and Naturalization Service to work temporarily in the country.
(d) The Secretary of Labor and Human Resources shall see to the application of §§ 153 and 154 of this title, and shall be empowered to adopt the regulations he may deem necessary for its better administration.
History —May 29, 1973, No. 48, p. 124, § 1; June 30, 1975, No. 106, p. 320, §§ 1—3, 5, eff. 30 days after June 30, 1975.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/154/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 154 - Employment of aliens not having legal residence—Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 154 - Employment of aliens not having legal residence—Penalties
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Violation of any of the provisions of §§ 153 and 154 of this title shall be a misdemeanor and the first violation shall be punished by a minimum fine of two hundred dollars ($200), or by imprisonment in jail for a term of ninety (90) days, or both, in the discretion of the court and subsequent violations by a minimum fine of four hundred dollars ($400) or by imprisonment in jail for a term of six (6) months, or both, in the discretion of the court.
History —May 29, 1973, No. 48, p. 124, § 2; June 30, 1975, No. 106, p. 320, § 4, eff. 30 days after June 30, 1975.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155 - Sexual harassment in employment—Declaration of public policy
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155 - Sexual harassment in employment—Declaration of public policy
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This Legislature resolves and declares as the public policy of the Commonwealth of Puerto Rico that sexual harassment in employment is a type of sexual discrimination and, as such, constitutes an illegal and undesirable practice that goes against the established constitutional principle that the dignity of a human being is inviolable. It is the intention of this Legislature to prohibit sexual harassment in employment, to impose responsibilities and fix penalties.
—Apr. 22, 1988, No. 17, p. 76, § 1, eff. 60 days after Apr. 22, 1988.
History
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155a - Sexual harassment in employment—Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155a - Sexual harassment in employment—Definitions
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For the purposes of §§ 155—155m of this title, the following terms shall have the meaning stated hereinbelow:
(1) Employee.— Any person who works for an employer and receives compensation therefor, or any job applicant. For the purposes of the protection conferred by §§ 155—155m of this title, the term employee shall be interpreted in the broadest sense possible.
(2) Employer.— Any natural or juridical person of any kind, the Government of the Commonwealth of Puerto Rico, including each of its three Branches and its instrumentalities or public corporations, municipal governments and any of its municipal instrumentalities or corporations which employ persons for any kind of compensation, for profit or non-profit purposes, and their agents and supervisors. It also includes labor unions and other organizations, groups or associations in which employees participate for the purpose of negotiating the terms and conditions of their employment with the employers, as well as employment agencies.
(3) Person.— Any natural or juridical person.
(4) Supervisor.— Any person that exercises some kind of control or whose recommendation is taken into consideration for the contracting, classifying, discharging, promoting, transfer, fixing compensation or working hours, places or conditions or the tasks or duties that an employee or group of employees perform or may perform, or on any other terms or conditions of employment, or any person that performs day to day supervisory tasks.
History —Apr. 22, 1988, No. 17, p. 76, § 2, eff. 60 days after Apr. 22, 1988.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155b/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155b - Sexual harassment in employment—Elements; circumstances
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155b - Sexual harassment in employment—Elements; circumstances
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Sexual harassment in employment consists of any type of undesired sexual approach, demand for sexual favors and any other verbal or physical behavior of a sexual nature or that is reproduced by using any means of communication including, but not limited to, the use of multimedia tools through the cybernetic network or through any electronic means, when one or more of the following circumstances occur:
(a) When submission to said conduct becomes, implicitly or explicitly, a term or condition of a person’s employment.
(b) When submission to or rejection of such conduct by the person becomes the grounds for making employment decisions or regarding the job that affect that person.
(c) When the conduct has the effect or purpose of interfering unreasonably with the performance of such person’s work or when it creates an intimidating, hostile or offensive work environment.
History —Apr. 22, 1988, No. 17, p. 76, § 3; Nov. 30, 2006, No. 252, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155c/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155c - Sexual harassment in employment—Determination
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155c - Sexual harassment in employment—Determination
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In order to determine whether the alleged conduct constitutes sexual harassment in employment, all of the circumstances surrounding the facts that occurred shall be taken into consideration. The determination of the legality of an action shall be based on the findings of each particular case.
History —Apr. 22, 1988, No. 17, p. 76, § 4, eff. 60 days after Apr. 22, 1988.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155d/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155d - Sexual harassment in employment—Acts of employer or agents
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155d - Sexual harassment in employment—Acts of employer or agents
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An employer shall be guilty of sexual harassment in employment based on his actions and those of his agents or supervisors, regardless of whether or not the specific acts being disputed were authorized or prohibited by the employer and regardless of whether the employer knew or should have known about said behavior.
The particular employment relationship shall be examined in order to determine whether the person who committed sexual harassment acted in his position as the employer’s agent or supervisor.
It shall not be necessary to establish that the agent or supervisor who committed sexual harassment was the claimant’s immediate supervisor.
History —Apr. 22, 1988, No. 17, p. 76, § 5, eff. 60 days after Apr. 22, 1988.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155e/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155e - Sexual harassment in employment—Between employees; exculpatory evidence
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155e - Sexual harassment in employment—Between employees; exculpatory evidence
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An employer shall be held responsible for any acts of sexual harassment towards the employees in the work place, if the employer or his agents or his supervisors knew or should have been aware of such conduct unless the employer proves that he took immediate and appropriate action to correct the situation.
History —Apr. 22, 1988, No. 17, p. 76, § 6, eff. 60 days after Apr. 22, 1988.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155f/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155f - Sexual harassment in employment—Persons not employed by employer
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155f - Sexual harassment in employment—Persons not employed by employer
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An employer shall be held responsible for the acts of sexual harassment towards his employees in the work place by persons not employed by him if the employer or his agents or supervisors knew or should have known of such conduct and did not take immediate and adequate action to correct the situation. For the purposes of this section, the extent of the employer’s control and any other legal liability that the employer should have with respect to the behavior of persons not employed by him shall be taken into consideration.
History —Apr. 22, 1988, No. 17, p. 76, § 7, eff. 60 days after Apr. 22, 1988.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155g/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155g - Sexual harassment in employment—Award or denial of opportunity or benefit
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155g - Sexual harassment in employment—Award or denial of opportunity or benefit
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When the employer grants employment opportunities or benefits as the result of a person’s submission to sexual approaches and demands of the employer or of his agents or supervisors, the former shall be held liable for sexual harassment in employment with regard to the persons who were denied such opportunity or benefit.
History —Apr. 22, 1988, No. 17, p. 76, § 8, eff. 60 days after Apr. 22, 1988.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155h/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155h - Sexual harassment in employment—Retaliation by employer
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155h - Sexual harassment in employment—Retaliation by employer
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An employer shall be held liable pursuant to the provisions of §§ 155—155m of this title when he carries out any action that results in adversely affecting the opportunities, terms and working conditions of any person who has rejected the employer’s practices that are in conflict with the provisions of §§ 155—155m of this title or who has filed a complaint or suit, given testimony, collaborated or participated in any other manner in an investigation, procedure or hearing that is initiated under §§ 155—155m of this title.
—Apr. 22, 1988, No. 17, p. 76, § 9, eff. 60 days after Apr. 22, 1988.
History
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155i/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155i - Sexual harassment in employment—Obligations of employer
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155i - Sexual harassment in employment—Obligations of employer
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Every employer has the obligation to keep the work place free from sexual harassment and intimidation and shall clearly express his policy against sexual harassment to his supervisors and employees and shall guarantee that they shall work with safety and dignity. In compliance with the obligation imposed on the employer of preventing, discouraging and avoiding sexual harassment in employment, he shall take whatever measures that are necessary or convenient for that purpose, including but not limited to the following:
(a) Clearly express to his supervisors and employees that the employer has a strong policy against sexual harassment in employment.
(b) Put into practice the methods needed to create awareness and make the prohibition of sexual harassment in employment known.
(c) Give sufficient publicity in the work place so that the job applicants will know the rights and protection they are entitled to and granted pursuant to §§ 155—155m of this title, §§ 1321—1341 of this title, §§ 146—151 of this title and the Constitution of the Commonwealth of Puerto Rico.
(d) Establish an adequate and effective internal procedure to handle sexual harassment complaints.
History —Apr. 22, 1988, No. 17, p. 76, § 10, eff. 60 days after Apr. 22, 1988.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155j/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155j - Sexual harassment in employment—Sanctions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155j - Sexual harassment in employment—Sanctions
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Any person responsible for sexual harassment in employment as defined by §§ 155—155m of this title shall incur civil liability:
(1) For a sum equal to double the amount of the damages that the action has caused the employee or job applicant, or
(2) for a sum of not less than three thousand dollars ($3,000) at the discretion of the court, in those cases in which pecuniary damages cannot be determined.
In the judgment in civil actions filed under the above provisions, the court shall order the employer to hire, promote or reinstate the employee in his job and to cease and desist of the act in question.
History —Apr. 22, 1988, No. 17, p. 76, § 11, eff. 60 days after Apr. 22, 1988.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155k/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155k - Sexual harassment in employment—Attorneys’ fees and costs
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155k - Sexual harassment in employment—Attorneys’ fees and costs
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The party that is found guilty of the behavior prohibited pursuant to the provisions of §§ 155—155m of this title shall pay the attorney fees and costs of the proceedings as established by a competent court.
History —Apr. 22, 1988, No. 17, p. 76, § 12, eff. 60 days after Apr. 22, 1988.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155l/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155l - Sexual harassment in employment—Availability of judicial procedures
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155l - Sexual harassment in employment—Availability of judicial procedures
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It shall not be necessary to exhaust all administrative remedies for the purpose of initiating judicial procedures under §§ 155—155m of this title.
History —Apr. 22, 1988, No. 17, p. 76, § 13, eff. 60 days after Apr. 22, 1988.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/155m/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 155m - Sexual harassment in employment—Limitations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155m - Sexual harassment in employment—Limitations
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The term to file a suit based on the violations contained in §§ 155—155m of this title shall be of one year. The statute of limitations in suits for sexual harassment in the work place shall begin to run its course when the circumstances that could delay the prosecution of the action end.
History —Apr. 22, 1988, No. 17, p. 76, added as § 14 on Aug. 18, 2002, No. 196, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/156/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 156 - Discrimination based on sexual orientation and gender identity—Declaration of public policy
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156 - Discrimination based on sexual orientation and gender identity—Declaration of public policy
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It is hereby declared as the public policy of the Commonwealth of Puerto Rico to repudiate employment discrimination based on sexual orientation and gender identity in the public or the private sectors. In doing so, we hereby reassert that the dignity of the human being is inviolable and that all men are equal before the law.
History —May 29, 2013, No. 22, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/156a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 156a - Discrimination based on sexual orientation and gender identity—Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156a - Discrimination based on sexual orientation and gender identity—Definitions
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For purposes of interpretation and application of §§ 156-156f of this title within the labor field, the following terms shall have the meaning stated hereinbelow:
(a) Sexual orientation.— Means the ability of any person of having an emotional, affectional, or sexual attachment to persons of the other gender, the same gender, or more than one gender. In order to accomplish all the purposes provided herein, this definition shall be interpreted as broadly as possible to extend the benefits thereof to any citizen who is a victim of discrimination, whether it is a one-time event or a pattern.
(b) Gender identity.— Means the manner in which an individual identifies or recognizes him/herself in relation to his/her gender, with or without regard to the individual’s designated sex at birth. In order to accomplish all the purposes provided herein, this definition shall be interpreted, as broadly as possible to extend the benefits thereof to any citizen who is a victim of discrimination, whether it is a one-time event or a pattern, and in accordance with the provisions of Public Law No. 111-84 (2009), the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.
History —May 29, 2013, No. 22, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/156b/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 156b - Discrimination based on sexual orientation and gender identity—Regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156b - Discrimination based on sexual orientation and gender identity—Regulations
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Every agency, instrumentality, department, public corporation, municipality, and the Legislative Branch are hereby directed to modify their personnel regulations to clearly state the public policy set forth in §§ 156–156f of this title.
History —May 29, 2013, No. 22, § 17.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/156c/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 156c - Discrimination based on sexual orientation and gender identity—Compliance protocol
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156c - Discrimination based on sexual orientation and gender identity—Compliance protocol
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The Training and Labor Affairs Advisory and Human Resources Administration Office (OCALARH, Spanish acronym), in conjunction with the Department of Labor and Human Resources of Puerto Rico are hereby directed to draw up a compliance, education, and training protocol with regard to the public policy of eradicating all types of discrimination including those based on sexual orientation and gender identity, as defined in §§ 156–156f of this title, and which shall be adopted by every government agency and applicable to all private sector employers, in accordance with §§ 156–156f of this title. Field experts shall be consulted for protocol drafting and presentation purposes. OCALARH and the Department of Labor and Human Resources of Puerto Rico shall have ninety (90) days after the approval of this act to draw up said protocol.
History —May 29, 2013, No. 22, § 18.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/156d/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 156d - Discrimination based on sexual orientation and gender identity—Exceptions and exclusions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156d - Discrimination based on sexual orientation and gender identity—Exceptions and exclusions
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By virtue of constitutional provisions regarding the separation of church and State, namely, the First Amendment to the Constitution of the United States of America and Section 3 of Article II of the Constitution of the Commonwealth of Puerto Rico, the provisions of §§ 156–156f of this title shall not apply to churches or religious congregations, organizations, societies, institutions, as well as any entity, for-profit or non-profit corporations, faith-based and community organizations, educational institutions, academic curriculums, service rendering or associations linked to a church or religious congregation, whose creed, dogma, or occupational requirements are clearly inconsistent with the interests upheld by §§ 156–156f of this title.
None of the provisions of §§ 156–156f of this title constitutes a prohibition, limitation, or grounds to deny the hiring by the Commonwealth, its agencies, instrumentalities, public corporations, and municipalities, of faith-based and community organizations, educational institutions, entities or associations linked to a church or religious congregations, whose constitution, origin, or purpose are based on a religious belief, creed, or dogma. Provided, that the aforementioned entities shall not refuse to render services to third parties based on the discriminatory grounds defined in §§ 156–156f of this title in any activity that is funded or defrayed, in whole or in part, with federal or Commonwealth funds.
History —May 29, 2013, No. 22, § 19.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/156e/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 156e - Discrimination based on sexual orientation and gender identity—Interpretation clause
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156e - Discrimination based on sexual orientation and gender identity—Interpretation clause
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If the provisions of any other act are inconsistent or incompatible with the provisions and matters expressly included in §§ 156–156f of this title, the provisions of §§ 156–156f of this title shall prevail.
History —May 29, 2013, No. 22, § 20.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/156f/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›§ 156f - Discrimination based on sexual orientation and gender identity—Scope
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156f - Discrimination based on sexual orientation and gender identity—Scope
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None of the provisions of §§ 156–156f of this title shall affect any legislation with regard to marriage or the adoption process.
History —May 29, 2013, No. 22, § 21.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/10851/10851/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›10851 — 10854)›§ 10851 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › 10851 — 10854) › § 10851 - Definitions
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(a) Resident individual investor.— Means a resident individual, as defined in § 30041(a)(30) of this title, who has not been a resident of Puerto Rico during the six (6) years preceding the effective date of this act and becomes a Resident of Puerto Rico not later than the tax year ending on December 31, 2035. According to the definition of the term resident individual provided in § 30041(a)(30) of this title, students pursuing an education outside of Puerto Rico who were residents of Puerto Rico prior to leaving to study abroad, personnel working outside of Puerto Rico on a temporary basis for the Government of Puerto Rico, its agencies and instrumentalities, and persons in situations similar to those described above, shall not be eligible to be considered as Resident Individual Investors, since they continue to be domiciled in Puerto Rico for the period they reside outside of our jurisdiction.
(b) Code.— means §§ 30011 et seq. of this title, as amended, known as the “Internal Revenue Code for a New Puerto Rico,” or any other succeeding law that substitutes it.
(c) Banking Center Act.— means §§ 232 et seq. of Title 7, known as the “International Banking Center Regulatory Act.”
(d) Secretary.— Means the Secretary of the Department of Economic Development and Commerce.
(e) Exemption Office.— Means the Industrial Tax Exemption Office.
(f) Director.— Means the Director of the Industrial Tax Exemption Office.
History Jan. 17, 2012, No. 22, § 1; Dec. 22, 2014, No. 241, § 1; Dec. 22, 2014, No. 241, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/10851/10852/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›10851 — 10854)›§ 10852 - Tax exemption applicable to income derived from interest and dividends earned by a residen...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › 10851 — 10854) › § 10852 - Tax exemption applicable to income derived from interest and dividends earned by a resident individual investor
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Income derived from all sources by a Resident Individual Investor after becoming a resident of Puerto Rico, but before January 1st, 2036, consisting of interest and dividends, including but not limited to interest and dividends from a registered investment company described in § 30521 of this title, shall be fully exempt from income taxes in Puerto Rico, including the alternate basic tax provided in the Code. In addition, the income derived by a Resident Individual Investor after becoming a resident of Puerto Rico, but before January 1st, 2036, consisting of interest, financing charges, dividends or partnership interest received from international banking institutions duly authorized under the “Banking Center Act,” shall be fully exempt from income taxes in Puerto Rico, including the alternate basic tax provided in the Code.
History Jan. 17, 2012, No. 22, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/10851/10853/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›10851 — 10854)›§ 10853 - Special tax for resident individual investors on net long-term capital gain
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › 10851 — 10854) › § 10853 - Special tax for resident individual investors on net long-term capital gain
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(a) Appreciation before becoming a Resident of Puerto Rico.—
The total net long-term capital gain generated by a resident individual investor related to the appreciation of the securities owned by such resident individual investor before becoming a resident of Puerto Rico, which appreciation is recognized ten (10) years after he/she became a resident of Puerto Rico and before January 1st, 2036, shall be subject to a five percent (5%) tax, in lieu of any other tax imposed under the Code. If such appreciation is recognized at any other time, the net long-term capital gain with respect to said securities shall be subject to the payment of income taxes in accordance with the tax treatment provided by the Code. The amount of the net long-term capital gain shall be limited to the portion of the gain related to the appreciation of the securities while the resident individual investor resided outside of Puerto Rico.
(b) Appreciation after becoming a resident of Puerto Rico.—
The total net capital gain generated by a Resident Individual Investor related to any appreciation of securities after said Resident Individual Investor becomes a Resident of Puerto Rico that is recognized before January 1st, 2036, shall be fully exempt from income taxes in Puerto Rico, including the alternate basic tax provided in the Code. If such appreciation is recognized after December 31st, 2035, the net capital gain with respect to said securities shall be subject to income taxes in accordance with the tax treatment provided by the Code. The amount of this net capital gain means the portion of the gain related to the appreciation of both the securities owned by the resident individual investor at the time of becoming a resident of Puerto Rico and those acquired by him/her after becoming a resident of Puerto Rico.
History July 11, 2012, No. 138, § 3, renumbered as § 5 and amended on July 11, 2012, No. 138, §§ 2, 3; Jan. 17, 2012, No. 22, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-7/10851/10854/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854)›10851 — 10854)›§ 10854 - Reports required to resident individual investors
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › 10851 — 10854) › § 10854 - Reports required to resident individual investors
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Any resident individual investor who holds a decree issued under this chapter shall file annually an authenticated report with the Exemption Office and a copy thereof with the Secretary of the Treasury thirty (30) days after the filing of the income tax return with the Department of the Treasury including any extension thereof. The Executive Director of the Exemption Office may grant a thirty (30)-day extension if so requested in writing before the deadline to file the report, provided there is just cause therefor and it is so stated in the request. Said report shall include a relation of data showing compliance with the conditions under the decree for the taxable year immediately preceding the filing date, his name and the name of related business, the cadaster number of the property or properties connected to the incentivized activity; the merchant registration number; the related account as required in the Puerto Rico Internal Revenue Code; the employer identification number; and the information required by §§ 1141 et seq. of Title 23, better known as the “Fiscal Information and Permit Control Act”, as applicable, as well as any other information required by regulations, including the payment of annual fees. Fees shall be paid in the manner prescribed by the Secretary through regulations. The information provided in said annual report shall be used for statistical purposes and economic analyses. Likewise, the Exemption Office shall conduct an audit annually to ascertain compliance with the terms and conditions of the decree issued under this chapter.
Notice This section has more than one version with varying effective dates. Second of two versions of this section.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-8/161/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h)›§ 161 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161 - Definitions
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The following words shall have the meaning indicated below:
(a) Accident.— Any accidental occurrence, event or action resulting from an act or function of an employee which affects or puts at imminent risk the health, safety or property of any natural or juridical person.
(b) Candidate for employment.— Means any person who applies to an employer for a job, whether verbally or in writing, and who is offered a job, even if conditionally.
(c) Drugs or controlled substances.—Are those included in Schedules I and II of § 2202 of Title 24, known as “Controlled Substances Act of Puerto Rico” or any other legislation of the Commonwealth of Puerto Rico or the United States of America, with the exception of the use of controlled substances by medical prescription or any other legal use.
(d) Employee.— Is any person employed by an employer, with or without remuneration in any workplace. It includes temporary and provisional employees, those on probation or regular employees.
(e) Laboratory.— Is any entity engaged in performing clinical and chemical forensic analyses, which processes tests for the detection of drugs, substantially using the guidelines and parameters established by the National Institute of Drug Abuse (N.I.D.A.)
(f) Sample.— Means a sufficient amount of urine or any other bodily fluid or tissue obtained in a non-invasive manner and is determined to meet the reliability and accuracy criteria accepted by laboratories for the performance of initial and corroborative testing, and for the retention of a portion to allow the employee or candidate for employment to perform his/her own corroboration test.
(g) Unjustified refusal.— Shall constitute the refusal of a person to submit to the tests for the detection of controlled substances or to cooperate with the processing of such tests, such as without excluding others, failing to show up, without justification, at the place where the sample is to be taken; abandoning the place where the sample is to be taken; clearly stating his/her refusal to submit to the procedure; failing to obey orders or follow the instructions of the laboratory or the official in charge to produce the sample adequately; or altering the sample.
(h) Employer.— Is any natural or juridical person, and any person who represents such natural or juridical person, or who exercises authority over any employment or employee, excluding the Government of the Commonwealth of Puerto Rico and its municipalities, and any department, agency, instrumentality or dependency thereof.
(i) Controlled substances detection test program.— Means a program to detect the use of controlled substances, which meets the requirements established in §§ 161b and 161c of this title.
(j) Drawing.— Shall consist of the placing of the employee’s numbers in order to select by lottery casting lots, or any other method, those employees that shall have to take the test by mere chance.
(k) Individualized reasonable suspicion.— Is the moral conviction that a specific person is under the effects, the influence, or is a drug user, regardless of whether the fact is established afterwards or not. Said suspicion must be grounded on observable and objective facts, such as:
(1) Direct observation of the use or possession of controlled substances;
(2) physical symptoms which indicate being under the influence of controlled substances;
(3) a persistent pattern of abnormal conduct or erratic behavior in the workplace.
Reasonable and individualized suspicion must be established by at least two (2) supervisors of the employee, of which one shall be a direct supervisor.
History —Aug. 8, 1997, No. 59, § 3; Aug. 12, 2000, No. 160, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-8/161a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h)›§ 161a - Liability of the employer
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161a - Liability of the employer
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(a) An employee or candidate for employment, as the case may be, shall have a cause of action against an employer who has a controlled substance detection program, under the following circumstances:
(1) The employer took disciplinary action against the employee, or refused to employ a candidate for employment, based on an erroneous test result, and the employer relied upon said result, through fraud, fault or negligence.
(2) The employer who damages the reputation of the employee or candidate for employment by revealing the test results, through fraud, fault or negligence.
(b) The employee who suffers damages as a result of a drug test performed on his/her sample, and does not file suit against his/her employer for fraud, fault or negligence, may however, avail him/herself of the benefits of §§ 1 et seq. of Title 11.
History —Aug. 8, 1997, No. 59, § 4, eff. 180 days after Aug. 8, 1997.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-8/161b/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h)›§ 161b - Testing program for the detection of controlled substances—Requirements
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161b - Testing program for the detection of controlled substances—Requirements
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A program for the detection of controlled substances shall meet the following requirements:
(a) Tests shall be conducted in a uniform and consistent manner for all employees and candidates for employment; and pursuant to the terms of a written program, adopted by the employer and notified to the employees through delivery of a copy of the same, which shall contain its effective date and shall identify the law that authorizes its adoption. This notice shall be given at least sixty (60) days before its effective date, and to candidates for employment upon filing a job application with the employer. The same terms and conditions shall apply to notices and delivery of copies made with respect to subsequent amendments thereto. However, any testing program for the detection of controlled substances established and implemented prior to the effective date of this chapter and which meets these requirements, shall be deemed to be a valid testing program.
(b) Tests shall be administered according to the program adopted by the employer, through regulations, which shall be notified to all employees and candidates for employment. The regulations shall contain the following:
(1) A statement on the illegal use of controlled substances which includes a description of the sanctions and penalties that apply to the production, distribution, possession or illegal use of controlled substances under the laws of the Government of Puerto Rico and the United States of America.
(2) An indication to the effects that the possession, distribution, use, consumption and illegal traffic of controlled substances is conduct forbidden in the company.
(3) A plan developed by the employer to educate and inform the employees on the health risks associated to the illegal use of controlled substances.
(4) The adoption and description of the programs for assistance, treatment or orientation on the rehabilitation available to the employees.
(5) The employer’s rules of conduct on the use of controlled substances by his/her employees and a description of the sanctions that said employer shall impose on the employees if such rules of conduct are violated or if the test is positive for the use of a controlled substance. Such rules shall be uniform and non-discriminatory. The employer may impose sanctions on employees for violations of said rules of conduct subject to the provisions of §§ 185a et seq. of this title. The first positive test result of the use of controlled substances shall not constitute just cause for dismissal of an employee without first requiring and allowing the employee to attend an appropriate rehabilitation program. The employer may also require an employee with a positive test result to periodically submit to additional tests as part of the rehabilitation program. In the event that the employee expressly refuses to participate in said rehabilitation program, or if the result of said additional tests is positive, the employer may impose the corresponding disciplinary actions, pursuant to the rules of conduct. In imposing said disciplinary measures, the employer shall do so taking into account the relationship between the employee’s conduct and his/her functions, its effect on the proper and normal function of the enterprise, and the risk to the safety of other employees and the public in general. The unjustified refusal of an employee to submit to a urine test, when it is so required pursuant to the provisions of this chapter, shall constitute prima facie evidence that the result would have been positive, and shall result in the application disciplinary measures. All employees who have been granted the opportunity to participate in an assistance and rehabilitation program in order to fight the use of controlled substances shall have the obligation to collaborate and comply with all the requirements of the program in order to achieve their rehabilitation within the shortest term possible. Noncompliance with any of the obligations imposed by the program shall constitute conduct that could bring about the imposition of disciplinary measures.
(6) A warning that the employees or candidates for employment shall be subject to tests for the detection of controlled substances.
(7) A detailed description of the procedures to be followed to conduct the tests, including the mechanism for the settlement of disputes over the result of said tests.
(8) A provision to the effects that any information, interview, report, statement or memorandum on the result of the tests shall be deemed to be confidential information. No positive result of controlled substances detection tests administered by order of the employer shall be used as evidence in a criminal suit against the employee, unless it is used by said employee as evidence in his/her defense.
(c) The employer shall defray the expenses of the controlled substances detection tests. The employer shall deem as working time, the time needed to submit to the tests and shall compensate the employees for such time, correspondingly. The absences of an employee to attend a rehabilitation program may be charged, in the first place, on sick leave, and then on vacation leave. Should all paid leave be exhausted, the employee shall be entitled to leave without pay for a maximum of thirty (30) days.
(d) The drug tests shall be made through an urine sample, except for those circumstances in which it is not possible to take the same and shall be administered in accordance with scientifically accepted analytical and sample custody chain procedures, so that the privacy of the employee may be protected to the maximum, and pursuant to the Mandatory Guidelines for Federal Workplace Drug Testing Program. The sample shall not be submitted to any type of test other than that which is strictly necessary for the detection of controlled substances. The urine test shall be used, for which there shall be no on site observer while the employee provides the sample; but one person shall take the sample handed by the employee at the exact moment that the employee abandons the bathroom. For greater reliability, the temperature of the sample shall be taken in the presence of the employee who has been submitted to the test, as a measure to determine if the sample has been adulterated. In the event that the adulteration of a sample is determined, the same shall be discarded and the employee shall be requested to provide a new one, this time in the presence of a person of his/her same sex, who is a member of the laboratory personnel.
(e) The tests made on the sample shall be conducted pursuant to scientifically acceptable analytical procedures for such type of test, by a certified laboratory, as recommended in the Mandatory Guidelines for Federal Workplace Drug Testing Program. Every sample with a positive result shall be submitted to a second corroborative analysis by the gas spectrometry chromatography method. Only after having obtained a positive corroborated result of the presence of opiates in the urine, shall a supervising physician, contracted by the laboratory conducting the tests, ask the person whose result was positive if he/she is taking any medication that could have some effect on the result of the test, provided there is no test that will allow the differentiation of the different types of opiates by analytical methods.
(f) The employee shall be advised in writing that he/she is entitled to contract another laboratory to obtain a second result from the same sample, and should he/she wish to do so, the minimum amount of the obtained sample needed shall be transferred to an independent laboratory contracted by him/her, to conduct the tests.
(g) If the test conducted by the employer is positive, and the second test made at the request of the employee is negative, the employer may suggest three laboratories, of which the employee must choose one, so that a third test can be conducted at the expense of the employer. The result of this third test shall be binding on both parties.
(h) Every employee may be submitted to a maximum of two tests each year, unless a duly corroborated positive result has been obtained from one of such tests or as part of a counseling, treatment or rehabilitation program.
(i) Before the employer can take any disciplinary action based on the positive result of a test, said result shall have to be verified through a confirming laboratory test. The employee or candidate for employment shall have the opportunity to notify said laboratory of any information which is relevant to the interpretation of said result, including the use of prescribed or over the counter drugs.
History —Aug. 8, 1997, No. 59, § 5, eff. 180 days after Aug. 8, 1997.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-8/161c/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h)›§ 161c - Confidentiality of results
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161c - Confidentiality of results
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All the information and documentation compiled on an employee, including the results of the test to detect the presence of controlled substances, shall be confidential and shall be kept separate from the personnel file. Said information shall not be offered or admitted in evidence in a criminal suit against the employee, unless it is the employee who offers the same. The employers, laboratories, and employees of the rehabilitation program who have access to said information shall maintain the confidential nature thereof. The information shall not be disclosed, except to:
(a) The employee who has been submitted to the test;
(b) any representative authorized in writing by the employee;
(c) employees designated by the employer for such purposes;
(d) provides of treatment and rehabilitation plans for the user of drugs when the employee is under a treatment and rehabilitation plan.
The employer shall not require the laboratory to conduct other tests on the sample obtained from the employee not related to the detection of controlled substances. Neither may the laboratory conduct any analysis on the sample on their own initiative, other than that required by the employer.
History —Aug. 8, 1997, No. 59, § 6, eff. 180 days after Aug. 8, 1997.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-8/161d/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h)›§ 161d - Activities that result in tests for the detection of controlled substances
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161d - Activities that result in tests for the detection of controlled substances
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All employees, candidates to re-entry and candidates for employment shall have the obligation to submit to mandatory tests in the following activities:
(a) Employees working in the gunsmith business.
(b) Every person who for pay, controls or drives any railroad train, motor vehicle used to transport passengers regardless of its capacity; any motor vehicle used to haul cargo on any public road; or any vehicle used to transport passengers or cargo by air or water.
(c) Security guards.
(d) Employees whose functions include the handling and control of drugs and controlled substances, explosives, gases, dangerous, inflammable, radioactive, toxic, high voltage materials or similar substances.
History —Aug. 8, 1997, No. 59, § 7, eff. 180 days after Aug. 8, 1997.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-8/161e/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h)›§ 161e - Circumstances under which tests may be made
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161e - Circumstances under which tests may be made
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In all those cases in which § 161d of this title is not applicable, the employer may require or request employees, candidates for employment and candidates to re-entry, to submit to a controlled substances detection test as a condition to continue in their employment, under the following circumstances, among others:
(a) When an accident occurs in the workplace, attributable to the employee, in connection with his/her functions and during working hours. The employee shall not be submitted to the controlled substances detection tests if he/she is not in full control of his/her mental faculties because of the accident, unless a medical order provides otherwise.
(b) When there is reasonable individualized suspicion that the employee is using controlled substances. The test shall be made within the term of twenty-four (24) hours.
(c) As a pre-condition for recruitment and as part of a general physical-medical examination, required from all candidates for employment.
(d) Follow up tests: If an employee, in the course of his/her work, is admitted to a rehabilitation program, the employer may require such employee to submit to follow-up tests as needed.
History —Aug. 8, 1997, No. 59, § 8, eff. 180 days after Aug. 8, 1997.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-8/161f/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h)›§ 161f - Testing program by drawing
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161f - Testing program by drawing
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Every employer may establish a testing program for the detection of controlled substances to promote the health and welfare of his/her employees, through to random selection methods, chosen objectively.
History —Aug. 8, 1997, No. 59, § 9, eff. 180 days after Aug. 8, 1997.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-8/161g/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h)›§ 161g - Labor organizations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161g - Labor organizations
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Should there be a labor organization representing workers in an appropriate collective bargaining unit, duly certified by the national or local Labor Relations Board, the procedure for the administration of drug testing shall be subject to the provisions of the collective bargaining agreement in force on the date of approval of this act. Once the term of the agreement has expired, the provisions of this chapter shall be fully applicable.
History —Aug. 8, 1997, No. 59, § 10, eff. 180 days after Aug. 8, 1997.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-8/161h/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h)›§ 161h - Penalty
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161h - Penalty
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Any person who with malice and premeditation, discloses any information described as confidential in this chapter, other than what is provided in § 161c of this title, shall incur a misdemeanor.
History —Aug. 8, 1997, No. 59, § 11, eff. 180 days after Aug. 8, 1997.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/171/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 171 - Payment of wages—Money used; nullity
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 171 - Payment of wages—Money used; nullity
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In all contracts entered into with workers or employees, their wages shall be paid in the legal tender of the United States of America, whether in cash or check. The employer, however, may choose to pay, subject to the provisions below, the wages of his/her workers or employees through one or more of the following electronic means of payment:
(1) Direct deposit;
(2) electronic transfer, or
(3) payroll credit cards, subject to the provisions under § 176 of this title.
Payment through electronic means shall be effective on the same payday. The worker or employee shall have the option to choose from among the methods that the employer makes available, whether cash, check, or electronic means of payment, subject to the provisions under § 176 of this title, that he/she wishes for the payment of his/her wages, on a voluntary basis.
If by special agreement, custom, or other reason whatsoever, the employee or worker receives a cash advance through check or electronic means of payment before the regular payday, subject to the provisions under § 176 of this title, it shall be lawful for the employer to deduct said advance from the next payment.
If it is stipulated in a labor contract that all or part of the wages shall be paid in a form other than money, check, or electronic means of payment, subject to the provisions under § 176 of this title, said contract shall be null insofar as it refers to the promise or commitment to pay the wages in any form other than the methods of payment allowed under §§ 171—177 of this title.
Payments made through direct deposit or electronic transfer shall be made into the account of the worker or employee at the bank of his/her own selection. The employer shall deliver a voucher to each worker or employee as evidence of the salary electronically deposited or transferred, after the deductions authorized by law, whether into his/her bank account or a payroll card. This voucher may be distributed in printed format (on paper) or electronically (by telephone, facsimile or through a Web site), as the employee or worker chooses, with no additional charge to the employee by the employer or the banking institution. The costs related to the salary payment system through check or electronic means of payment, subject to the provisions under § 176 of this title, shall be the exclusive responsibility of the employer.
At the time of asking the employee or worker about his/her decision to avail himself/herself of a cash, check or electronic means of payment, subject to the provisions under § 176 of this title, the employer shall make available to the employee information regarding electronic fraud. The employer shall likewise indicate to his/her employee the degree of responsibility of the employee, the employer and the bank used by the employer for his/her electronic payroll payments in the case of electronic fraud.
When an employer pays the salaries of his employees through checks and the same cannot be cashed because the employer-drawer lacks the necessary funds in the bank against which they were drawn, or because he/she has closed the bank account, the employees thus affected may file a complaint before the Secretary of Labor and Human Resources, for the latter to require the employer to post a bond, approved by the Insurance Commissioner, to guarantee the payment of the employees’ salaries. These remedial measures shall be imposed after a hearing, which shall be held no later than ten (10) days from the date of the payment of the salary and all the circumstances of the case shall be taken into consideration. The maximum duration of such an order shall be two (2) years. The requirement of a bond or any other protective measure to be decreed by the Secretary of Labor and Human Resources shall be without diminishing the penalties and remedies provided in § 177 of this title. The Secretary of Labor and Human Resources shall immediately promulgate the necessary regulations for these procedures.
History —Apr. 17, 1931, No. 17, p. 194, § 1; July 1, 1995, No. 74, § 1; Dec. 26, 2007, No. 213, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/172/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 172 - Payment of wages—Restriction on how to spend them prohibited
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 172 - Payment of wages—Restriction on how to spend them prohibited
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Employers are hereby forbidden to impose, either directly or indirectly, personally or through their agents, as an express or implied condition for the admission of any laborer, any stipulation relative to the place where, or the way in which, the laborer shall spend his wages, in whole or in part, or any other stipulation requiring him to reside on any property of the employer. Employers or their agents are also forbidden to dismiss any laborer because he may have spent his wages, in whole or in part, in a certain place, in a certain way, or with a specified person, or because he does not reside on any property of the employer or of his agent.
History —Apr. 17, 1931, No. 17, p. 194, § 2, eff. 90 days after Apr. 17, 1931.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/173/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 173 - Payment of wages—Time and manner
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 173 - Payment of wages—Time and manner
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The total amount of wages due to a worker or employee shall be paid in legal tender of the United States of America, whether in cash, check, direct deposit, electronic transfer of funds or payroll credit card, at intervals which shall not exceed fifteen (15) days. When a worker or employee is dismissed or has to leave work during any day of the week, it shall be the duty of the employer to pay him the amount due for the number of days worked, no later than the next official payday. Any payment of wages to a worker or employee by the employer in merchandise or in a form other than the legal tender of the United States of America, whether in cash, check, direct deposit, electronic transfer of funds or payroll credit card shall be null.
History —Apr. 17, 1931, No. 17, p. 194, § 3; Mar. 21, 1938, No. 3, p. 117, § 1; July 1, 1995, No. 74, § 2; Dec. 26, 2007, No. 213, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/174/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 174 - Payment of wages—Counter claim in action; restrictions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 174 - Payment of wages—Counter claim in action; restrictions
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In any action brought by a laborer against an employer for the recovery of any amount due him for wages, the defendant cannot file any setoff or counter claim to reduce the amount of the claim, based on the fact that he delivered merchandise on account of said wages, or that said merchandise was furnished to the laborer through any warehouse, deposit, store or other establishment of the employer; nor may the defendant file any such setoff or counter claim for any merchandise which may have been supplied to the laborer by any other person, on the strength of orders or instructions from the defendant, or from his agent or attorney.
History —Apr. 17, 1931, No. 17, p. 194, § 4, eff. 90 days after Apr. 17, 1931.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/175/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 175 - Payment of wages—Deductions authorized
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 175 - Payment of wages—Deductions authorized
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Except in those cases provided in this section, no employer may deduct or withhold for any reason whatsoever, part of the salary earned by his or her workers or employees except:
(a) When the laborer authorizes his employer in writing to deduct from his wages a certain sum to be paid as assessment to any association organized under §§ 41–55 of Title 6 for the rendering of hospital services in Puerto Rico.
(b) When the laborer authorizes his employer in writing to deduct from his wages a certain sum for the purchase of savings bonds issued by the Government of the United States or by the Government of the Commonwealth of Puerto Rico; Provided, That the employer shall carry out the purchase of these bonds in behalf of the laborer; and Provided, also, That such deductions and the accounting thereof, and the investing of same in the purchase of savings bonds, as well as the delivery of the latter to the laborers, shall be made subject to the rules to be promulgated for the purpose by the Secretary of Labor and Human Resources.
(c) When the laborer authorizes his employer in writing to deduct from his wages a certain sum for the purchase of shares of stocks or payment of loans and interest or other debts the laborer may have with any credit union heretofore or hereafter organized pursuant to the laws of Puerto Rico; Provided, That the employer shall be obliged to make such payments to the Treasurer of the credit union by check drawn to the order of said credit union, provided said official or Treasurer has furnished proper bond as custodian of the funds of the credit union. If the employer fails to pay the sum deducted under this subsection within a term of not more than fifteen (15) days after the deduction was made, he may be compelled through civil action to satisfy the unpaid amount plus an equal sum for the settlement of damages, in addition to the costs, expenses and lawyers’ fees and there may be used for such purposes the procedure for cases of claims established in §§ 3118–3132 of Title 32.
(d) When in a labor collective agreement entered into between an employer and an agent of his employees in an appropriate unit for collective bargaining, a check-off is stipulated for a union not organized or operating on the basis of unfair labor standards; Provided, That in the event of a labor collective agreement of this nature, the employer shall be obliged to deliver the stipulated assessments to the official or Treasurer designated by the union, provided said official or Treasurer has furnished proper bond as custodian of the funds of the unions.
(e) When the laborer in the agricultural phase of the sugar industry authorizes his employer in writing to deduct the sum the latter has paid for lunches consumed by the laborer during the course of the working week or has advanced to him so that the laborer may pay directly the cost of the lunches; provided, that the amount so paid or advanced never exceeds one dollar ($1) per lunch.
(f) When the laborer authorizes his employer in writing to deduct from his wages a certain sum for the purchase of shares of stock and payment of loans and interest owed by the laborer to any credit union organized under the Federal Credit Union Act of 1934, as subsequently amended (12 U.S.C.A., chapter 14); Provided, That the employer shall be obliged to make such payments to the treasurer of the credit union by check drawn to the order of said credit union, provided said official or Treasurer has furnished proper bond as custodian of the funds of the credit union. If the employer fails to pay the sum deducted under this subsection within a term of not more than fifteen (15) days after the deduction was made, he may be compelled through civil action to satisfy the unpaid amount plus an equal sum for the settlement of damages, in addition to the costs, expenses and lawyers’ fees and there may be used for such purposes the procedure for cases of claims established in §§ 3118–3132 of Title 32.
(g) When the laborer authorizes his employer in writing to deduct from his wages a sum stipulated by the laborer or stipulated in a labor collective agreement entered into between an employer and a representative of his employees in an appropriate unit for collective bargaining as an assessment or payment toward any plan or group, pension, saving, retirement, allowance, annuity life, life, accident and health and hospital insurance policy, any combination of these plans, or any similar social security plan authorized by the laborer and by the union in case there exists a labor organization duly certified or recognized to bargain collectively with the employer or authorized by the laborer and the Secretary of Labor and Human Resources in the case of the nonexistence of such labor organization duly certified and recognized, but in both cases for the sole benefit of the laborers or their dependents or beneficiaries; provided, that the employer contributes with a sum not less than the sum contributed by the laborer and subject to the condition that said deduction shall be used by the employer to pay the cost of said benefit or for the said purposes:
(1) An insurance company, acceptable to the union or, in default thereof, to the Secretary of Labor and Human Resources, which has issued a contract insuring the employees and is authorized to operate in Puerto Rico under the supervision of the Commissioner of Insurance of Puerto Rico, or
(2) a trust bank acceptable to the union or, in default thereof, to the Secretary of Labor and Human Resources, authorized to operate in Puerto Rico under the supervision of the Secretary of the Treasury. If the deductions are not used as aforesaid, no deduction shall be made until the plan or insurance policy has been approved in writing by the Secretary of Labor and Human Resources of Puerto Rico. Every plan or policy under this section shall be filed with the Department of Labor and Human Resources of Puerto Rico before it takes effect. No deduction shall be made for any plan or insurance which permits the employer to receive, take or withhold for his own use and benefit the total or any part of the sum deducted. All plans shall contain appropriate provisions to permit the voluntary retirement of any laborer in a manner consistent with the continuation and due operation of the plan.
(A) Any insurance company doing insurance business in Puerto Rico in the branch of life, accident and health, [or] hospital insurance, by deducting the corresponding premiums from the wages of the laborer or employee, shall notify directly, and in the most effective manner that the Commissioner of Insurance of Puerto Rico may by regulations promulgate to such effects, the laborer and employee, the due date or cancellation of the insurance at least twenty (20) days in advance of the date of expiration of the grace period of his respective policy of certificate. Otherwise, the policy shall continue in force for all effects, until the notice requisite to employees is complied with. On and from the date of the notice shall begin the grace period provided in the proper provisions of the Insurance Code, §§ 101 et seq. of Title 26.
(B) Likewise, any insurance company offering the kinds of insurance above mentioned through the deduction of premiums from the wages, shall transmit directly to the laborer or employee the policy issued in the cases of individual policies. In the case of group insurance, the insurer shall transmit directly to the laborer or employee a certificate containing at least the following information:
(i) Name and address of the insurer and his authorized representative in Puerto Rico.
(ii) Number of the master policy.
(iii) Number of the certificate.
(iv) Protection to which the insured is entitled.
(C) It is provided that the contents of this subsection (g) shall prevail over any provision inconsistent with the Insurance Code of Puerto Rico, §§ 101 et seq. of Title 26.
(h) Whenever an employee of any public corporation, including those that operate as private enterprises or businesses, agency or government instrumentality of the Commonwealth, including municipalities, authorizes in writing to deduct from his salary a certain sum to cover the payment to the Retirement System of said public corporations, agency or instrumentality of the Commonwealth, of principal and interest, insurance policy premiums, taxes, deed and appraisal fees and other incidental expenses related to the acquisition, construction, enlargement or improvement of homes for such employees through the Retirement System or for the cancellation of mortgages on such homes.
Whenever an employee authorizes in writing to withhold from his salary a specific sum to cover payment of principal and interest on personal loans to his Retirement System.
(i) When the employer or his agent may have advanced to the laborer any amount in the lawful money of the United States of America, he shall have the right to deduct such sum from the wages of the latter which correspond to the week in which the advance was made. However, no amount shall be retained from his wages in excess of the total amount so advanced.
(j) When the employee authorizes, voluntarily and in writing, his employer to deduct from his/her salary a determined amount to contribute to charitable institutions of the Comminwealth or to the schools of the community attached to the Department of Education, or both, pursuant to the following:
(1) The employer shall state in the payrolls, on the basis of the employee’s authorization, the amount that is to be withheld for this purpose; the institutions, federations, or groups of institutions and intermediate entities that the employee wishes to help; and the proportion of the money that is to be given to each. The deduction shall not exceed three percent (3%) of his/her yearly wage deducted proportionally each month.
The payroll deduction mechanism provided in §§ 171—177 of this title shall not be used by any institution or group that receives a legislative appropriation for its operations, but that shall not impede it from receiving funds from an intermediate entity that obtains them through the payroll deduction system.
(2) The employer shall remit the donations thus authorized, each month, to the institutions, entities and federations, or corresponding groups. If the employer does not remit the amounts authorized under this clause within a period not to exceed thirty (30) days from the day the deduction is made, the unpaid amounts may be required through civil action, plus a like amount for liquidation of damages, in addition to costs, expenses and legal fees, using for said purpose the complaint procedure established in §§ 3118 et seq. of Title 32. Any employer who does not comply with the above shall be guilty of a misdemeanor with a maximum penalty of imprisonment for six (6) months, or a fine which shall not be less than one hundred dollars ($100) nor more than five hundred dollars ($500), or both penalties in the discretion of the court.
(3) No employer shall be obliged to implement the payroll deduction system provided by this subsection, but if he agrees to it, he must permit the employee to revoke or modify his authorization at any time, by written notice to the employer, at least fifteen (15) days prior to the date the employee wishes to cease the payroll deductions for donations. No deduction whatsoever shall be made for this purpose, that allows the employer to receive, take or retain for his own use and benefit, all, or any part of the deducted amounts. Any employer who does not comply with the above shall be guilty of a misdemeanor, with a maximum penalty of six (6) months of imprisonment, or a fine which shall not be less than one hundred dollars ($100) nor more than five hundred dollars ($500), or both penalties, in the discretion of the court.
(4) The entities or organizations desiring to avail themselves of the benefits of the payroll deduction system provided by §§ 171–177 of this title shall present to the Secretary of the Treasury a financial statement attested by a certified public accountant, which certifies that the same is in conformity with generally accepted accounting principles. The operations and financial statements of such entities shall be subject to inspection by the Secretary of the Treasury. In addition thereto, said entities or organizations shall submit to both Legislative Houses not later than January 31 of each year, a complete report of their income and expenses, distribution of donations, auditing, and any other information which shall enable the Legislature to examine and evaluate the results of the implementation of the system established by §§ 171–177 of this title.
(5) Any employer who dismisses or suspends an employee, or discriminates against him in any way, or threatens to commit any such actions against him for refusing to allow deductions of specific amounts of money to be donated to charitable institutions, shall be guilty of civil liability for a sum equal to twice the amount of damages said action has caused the employee or former employee; or for a sum not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), in the discretion of the court, if pecuniary damages cannot be determined, or when twice the amount is less than fifty dollars ($50); or for a sum equal to twice the amount of damages the action has caused the employee or former employee, and an additional sum, which shall not exceed one thousand dollars ($1,000), in the discretion of the court.
It shall be presumed that any of the actions mentioned in § 174 of this title were caused by the fact that the employee or former employee had not authorized the deduction of certain sums of money from his wages to be donated to charitable organizations, when the employer has acted without just cause, or within three (3) months before, or six (6) months after any donation was given. This will be a disputable presumption. Any employer who acts in the manner described above, shall be guilty of a misdemeanor with a maximum penalty of six (6) months of imprisonment, or a fine which shall not exceed five hundred dollars ($500), or both penalties, in the discretion of the court.
(6) No employer or union official, personally, or through his agents, or any other person, shall, in any way, induce or harass an employee under threat of injury with regard to his working conditions, for the purpose of having him authorize deductions from his wages for any charitable organization.
(7) For the purposes of this clause, the following terms shall have the meaning indicated hereinbelow:
(A) Employee.— Shall mean and include the employees of private enterprises, who earn an annual wage of six thousand dollars ($6,000) or more in the enterprise.
(B) Charitable institutions.— Shall mean and include those organizations registered in the Department of State as nonprofit organizations, organized under the laws of Puerto Rico, which are exempted from the payment of income taxes under the provisions of § 8501 of Title 13, as provided by the Secretary of the Treasury, and exempted from the payment of income taxes under the Federal Internal Revenue Code. Charitable institutions must provide health, welfare, recreational, rehabilitation or preventive services directly to the people. They must have an adequate accounting system, bylaws, and hold the license issued by the respective government agency, as required by the Government of Puerto Rico to provide the services offered, and receive a yearly audit of their financial books, by a public accountant certified under the laws of the Commonwealth of Puerto Rico.
(C) Federation or group of charitable institutions.— Shall mean and include those entities composed of a series of charitable institutions that give direct services individually, but have joined together with the purpose of raising the funds needed for their operations. They shall have to comply with the requirements stated for charitable institutions, with the exception of those requirements connected with the services they give to the people.
(D) Intermediary entity.— Shall mean and include an entity that does not give direct services, whose purpose is to obtain the funds, and convey them to be used by those entities or organizations that give or offer the services.
None of the officers of the organizations that are benefited thereby may be members of the Board of Directors of the Intermediary Entity.
(E) School of the community.— Means a study community composed of its students, teaching and classified personnel, the parents of the students and the population it serves. It has teaching, administrative and fiscal autonomy. It shall be organized and administered in a democratic manner to carry out its fundamental mission which is to develop in its students the values, knowledge, skills, habits, attitudes and achievements that shall allow them to know themselves better, incorporate, participate and contribute to the development of Puerto Rican society. The participation of the community in the school shall be intensive and proactive in the detection and solution of common problems. The school serves the community and the neighborhood where it is located.
The community school may impart education at different levels, namely, pre-school, elementary and secondary through academic, vocational, technical and special programs.
This school shall be fully autonomous, and responsible for its operation.
(k) When the worker authorizes his employer, in writing, to withhold a specific amount from his wages as a contribution to an individual retirement account, whether it is an individual retirement account established by the employee, or by the employer for the exclusive benefit of his employees or their beneficiaries; Provided, That the sums withheld by the employer shall be deposited by the latter in one of the institutions described in § 8569 of Title 13 no later than three (3) working days after the date on which they were withheld.
(l) When it is a contribution of the worker or employee to any plan that is subject to the provisions of the “Federal Employee Retirement Income Security Act of 1974” known as E.R.I.S.A. by its English acronym.
(m) When the worker authorizes his/her employer in writing to deduct from his/her wages a certain sum as payment for his/her tax debt, provided the worker submits with his/her request for such a deduction, a copy of the payment plan duly subscribed and certified by the Secretary of the Treasury, solely indicating the sum that he/she wishes to have deducted from his/her salary, and the term of duration of said deduction. Provided, That the employer shall be bound to remit to the Department of the Treasury the amount withheld from the worker within a term of not more than ten (10) working days as of the due date of each payment. Any employer who refuses to effect the requested deduction and to remit the same to the Department of the Treasury, pursuant to this subsection, shall be subject to the penalty imposed by § 8150(c) of Title 13, known as the “Puerto Rico Internal Revenue Code of 1994”.
(n) When the worker authorizes his or her employer in writing to deduct from his or her salary a specific sum for purchasing shares of stock issued by the corporation or company for which he or she works. The employer shall make the disbursements in the manner established in the regulations promulgated in § 176 of this title. The disbursement shall be made to the person in charge of receiving the same in the company or corporation in question. Should the employer fail to deliver the amount authorized by the employee, he or she shall be subject to the provisions of subsection (c) of this section. Any employer, corporation or company that expressly or implicitly compels any of its employees to purchase one or more shares of stock of that entity or who takes any adverse action against any employee who refuses to purchase said shares of stock and is found by the Secretary of Labor and Human Resources to be in violation thereof, shall be sanctioned according to provisions of § 177 of this title.
Every document indicating the authorization of the employee must include the following warning in capital letters: “YOU ARE NOT COMPELLED TO PURCHASE ANY SHARE OF STOCK ISSUED BY THIS CORPORATION OR COMPANY. YOUR DECISION IS TOTALLY VOLUNTARY AND IF YOU DECIDE NOT TO PURCHASE, THIS CORPORATION OR COMPANY CANNOT TAKE ANY ADVERSE ACTION AGAINST YOU. IF YOU FEEL COERCED AS TO YOUR DECISION WHETHER TO PURCHASE ANY SHARE OF STOCK ISSUED OR IF YOU FEEL THAT THE COMPANY HAS TAKEN ANY ADVERSE ACTION AGAINST YOU, YOU MAY FILE A COMPLAINT WITH THE LEGAL DIVISION OF THE DEPARTMENT OF LABOR AND HUMAN RESOURCES AND IF FOUND GUILTY OF VIOLATING THIS AGREEMENT, THE COMPANY SHALL AGREE TO REIMBURSE TO YOU THE AMOUNT DEDUCTED FROM YOUR SALARY PLUS A SUM EQUAL TO FIVE TIMES THE AMOUNT DEDUCTED.”
(o) When the worker or employee authorizes his/her employer in writing to deduct from his/her salary a specific sum to serve as a contribution or payment for any insurance plan or policy or savings, retirement, pension or annuity plan or life, accident, health and hospital insurance or any combination of such a plan or any similar insurance plan, that shall solely benefit and be convenient for the worker or employee and his/her dependents or beneficiaries. For that purpose, this subsection shall apply and govern in the following manner:
(1) To enable the deductions, for both the insurance plans sponsored by the employer and the individual selection plans on the part of the employee. In this last case, whereby the employer does not necessarily contribute any amount whatsoever to the amount the worker contributes, the former will not participate in selecting the insurance or benefits plan, either through his/her agents or through any other person. The employer may not in any manner whatsoever pressure an employee by inferring that the conditions of his/her employment are threatened so that the latter may authorize deductions from his/her salary for a particular plan. The employer shall have the option of agreeing to the petition of the worker or employee for a payroll deduction.
(2) When the worker or employee authorizes his/her employer in writing to deduct a specific sum from his/her salary to serve as a contribution or payment for any individual benefits plan, the employer shall make the disbursements as provided in said individual plan.
(3) If the employer fails to remit the amount authorized by the employee for the payment of his/her policy, the former shall incur civil liability for a sum equal to double the total of the amounts deducted and not remitted. If the employee would have needed to make use of the benefits of the policy and the same had been cancelled because the employer failed to make the payments, the latter shall answer for a sum equal to double the total amount of the benefits of the cancelled policy.
(4) The worker or employee shall be responsible for notifying the benefits plan in case he/she is on leave, during which time he/she is not being paid any salary whatsoever and thus no deductions are being made. In the case of employment termination, the obligation of making payroll deductions shall immediately cease and the worker or employee shall be solely and exclusively responsible for remitting the corresponding payment to his/her benefits plan.
(5) The worker or employee may withdraw his/her authorization for payroll deductions through a prior written notice delivered to the employer at least twenty (20) days before the next payroll payment is due. The worker or employee shall be responsible for notifying the benefits plan in writing about his/her decision to withdraw the authorization for payroll deductions for paying for the plan.
(6) This clause shall not affect in any manner whatsoever the provisions about permitted deductions set forth in subsection (g) of this section.
(p) When the worker or employee authorizes, in writing, his/her employer to deduct a specific amount from his/her wages as a contribution, gift, or donation to the fund raising campaigns of the University of Puerto Rico. It shall be the responsibility of the employer to make the corresponding disbursements and to remit the same to the University of Puerto Rico.
History —Apr. 17, 1931, No. 17, p. 194, § 5; May 8, 1945, No. 86, p. 308, § 1; Mar. 21, 1946, No. 168, p. 274, § 1; May 10, 1950, No. 269, p. 698, § 1; May 16, 1958, No. 6, p. 5; June 28, 1961, No. 128, p. 274; June 26, 1964, No. 102, p. 319; May 9, 1968, No. 39, p. 58; May 30, 1972, No. 42, p. 91, § 1; July 23, 1974, No. 195, Part 2, p. 76; Sept. 22, 1980, No. 7, p. 961, § 1; July 2, 1981, No. 23, p. 133, § 2; Apr. 14, 1982, No. 3, p. 5, § 1; Jan. 12, 1983, No. 6, p. 487, § 3; July 18, 1986, No. 141, p. 447; July 1, 1995, No. 74, § 3; Mar. 22, 1996, No. 16, § 1; Dec. 25, 1998, No. 326, § 1; July 16, 1999, No. 152, § 1; Aug. 30, 2000, No. 249, § 1; Sept. 28, 2007, No. 134, § 1; June 2, 2008, No. 82, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/176/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 176 - Payment of wages—Definitions, “employer” and “laborer”
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 176 - Payment of wages—Definitions, “employer” and “laborer”
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Employer.— For purposes of §§ 171—177 of this title, shall be understood to mean any person who uses or avails him/herself of the work of any worker or employee through the payment of wages. “Worker” or “employee” shall mean the person who receives a salary or wages for his/her work in any occupation, excluding executives, administrators and professionals, as these terms have been defined by the Minimum Wage Board of Puerto Rico.
Check.— Shall be understood to mean any bill of exchange drawn against a bank and payable upon presentation.
Electronic transfer.— Shall be understood to mean any of the three following methods:
(a) Electronic transfer of funds.— Refers to any transfer of funds that is initiated through an electronic terminal, telephone instrument or computer or magnetic tape in such a way as to order, instruct or authorize a financial institution to debit or credit them to an account. When an electronic transfer is used as payment of a payroll through a credit to the employee’s account, it is denominated as a direct deposit.
(b) Direct deposit.— Is a form of payment of salary and wages from the deposit account that an employer has in a banking institution to the deposit account that the worker or employee has in different banking institutions through an electronic transfer of funds. There shall be prior agreement between the employer and the employee, and the banking institution that originates or facilitates the electronic transfer of funds. The employee receives a voucher from his employer containing an itemized account of all deductions directed by law, and/or agreed upon with the employee.
(c) Payroll credit card.— Is a rechargeable card to which an employer shall credit the salaries and wages of the employee. Examples of these cards include, but are not limited to (1) open loop systems including international trademark credit cards that require a signature or a personal identification number to authorize the transaction at a point of sale or an automated teller machine (ATM) and (2) closed loop systems that require a personal identification number for all types of transactions. For transactions that require that the employee use a personal identification number, said personal identification number shall be selected by the employee or shall be provided to the employee or his/her designated beneficiary upon issuing the card. The card is for the exclusive use of the employee and the balance corresponds to the payroll payment credited by the employer.
Designated beneficiary.— Shall be understood to be a natural person whom the worker or employee has authorized, through the express written application of the worker or employee to the Bank, to receive and use an additional payroll credit card. Said additional payroll credit card shall be issued to the same account number of the worker or employee.
Bank.— Shall be understood to mean any entity or financial institution duly authorized to do banking business, including banks, savings banks, federal savings and credit associations, savings and loan credit unions and trust companies, which offer checking account, direct deposit, electronic transfer of funds, or any combination of these services.
Web.— Shall be understood to mean a text, graphic, or other Internet multimedia objects of communication that serve as graphic forms of Internet browsing.
History —Apr. 17, 1931, No. 17, p. 194, § 6; July 1, 1995, No. 74, § 4; Dec. 26, 2007, No. 213, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/176a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 176a - Payment of wages—Regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 176a - Payment of wages—Regulations
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The Secretary of Labor and Human Resources is hereby empowered to adopt and promulgate the regulations needed to administer and implement the provisions of §§ 171—177 of this title, subject to § 307 of Title 3, with the sole requirement of approval by the Governor of the regulations adopted by the Secretary of Labor and Human Resources.
History —Apr. 17, 1931, No. 17, p. 194, added as § 7 on July 15, 1988, No. 100, p. 420, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/177/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 177 - Payment of wages—Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 177 - Payment of wages—Penalties
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Violation of any of the provisions of §§ 171—177 of this title shall constitute a misdemeanor. But in the case where the employer, knowing that his business will be closed, or for any other reason, does not make the deductions set forth in § 175 of this title, or, having made them, unduly withholds them in his possession, he shall be punished by a minimum penalty of five hundred dollars ($500) or by imprisonment in jail for ninety (90) days, or by both penalties, in the discretion of the court.
If the violation consists in paying the workers the wages or any other benefit by checks, and these cannot be cashed because the drawer lacks the necessary funds in the bank against which said checks are drawn, the employer shall be guilty of an offense that shall entail a penalty equal to twice the amount for which each check was drawn, or five (5) days of imprisonment for each dollar he fails to pay, and each check so drawn shall constitute a different offense. The criminal action shall be dismissed if, within ten (10) days of the date of payment of the salary, the employer pays the worker to whom he owes the wages or benefits paid by check or checks, the adequate sums on this account, plus an equal amount as liquidation of damages; or if the claim on that account is settled between the worker and the employer with the approval of the Secretary of Labor and Human Resources.
History —Apr. 17, 1931, No. 17, p. 194, § 7; July 30, 1974, No. 271, Part 2, p. 318; June 2, 1976, No. 126, p. 366; renumbered as § 8 on July 15, 1988, No. 100, p. 420, § 2; July 1, 1995, No. 74, § 4[bis]
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/178/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 178 - Payment of wages—Evidence or sign of indebtedness; penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 178 - Payment of wages—Evidence or sign of indebtedness; penalties
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It shall be unlawful for any corporation, company, partnership, or person engaged in any trade or business, to issue, sell, give or deliver, either directly or indirectly, to any person employed as a laborer, journeyman or foreman by said corporation, company, partnership or person, in payment of wages earned or to be earned by said laborer, any certificate, ticket, check, script, draft, commercial check or other evidence of indebtedness or of credit payable or redeemable otherwise than in lawful money. If any such certificate, ticket, check, draft, script, commercial check or other evidence of indebtedness or of credit is so issued, sold, given or delivered to said laborer or to any other person for delivery to such laborer, it shall be held and construed in all courts and other places to be a promise by said corporation, company, partnership or person issuing, selling, giving or delivering it to the person stated therein, or to bearer, to pay the sum specified therein in legal form; Provided, That it shall also be unlawful to exchange said certificate, ticket, check, draft, script, or commercial check for anything other than lawful money directly. And any corporation, company, partnership or person so issuing, selling, giving, or delivering such certificate, ticket, check, script, draft, commercial check or other evidence of indebtedness or of credit shall, moreover, be guilty of misdemeanor, and upon conviction shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), and the officer, employee, or agent of such corporation, company, firm, or person, guilty of the said offense, may be committed to jail for a term of not less than ten (10) days nor more than six (6) months, in the discretion of the court; Provided, That any officer, employee, or agent of a corporation, company, firm or person exchanging said certificate, ticket, check, draft, script, commercial check or other evidence of indebtedness or of credit for anything other than lawful money directly, shall also be guilty of the offense stated in the preceding Proviso, and shall be liable to the penalty therein prescribed.
History —Mar. 12, 1908, p. 171, § 1; Apr. 28, 1931, No. 61, p. 408, § 1, eff. 90 days after Apr. 28, 1931.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/179/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 179 - Payment of wages—Purchase of goods; penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 179 - Payment of wages—Purchase of goods; penalties
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If any corporation, company, firm or person shall coerce or compel, or attempt to coerce or compel, an employee in its, their, or his employment, to purchase goods or supplies in payment of wages due him, or to become due him, or otherwise, from any corporation, company, firm or person, such first-named corporation, company, firm or person shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in the preceding section.
History —Mar. 12, 1908, p. 171, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/185a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 185a - Indemnity for discharge without just cause—Salary; years of service
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 185a - Indemnity for discharge without just cause—Salary; years of service
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Every employee in commerce, industry, or any other business or work place, designated hereinafter as the establishment, in which he/she works for compensation of any kind, contracted without a fixed term, who is discharged from his/her employment without just cause, shall be entitled to receive from his/her employer, in addition to the salary he/she may have earned:
(a) The salary corresponding to two (2) months, as indemnity, if discharged within the first five (5) years of service; the salary corresponding to three (3) months if discharged after five years (5) and up to fifteen (15) years of service; the salary corresponding to six (6) months if discharged after fifteen (15) years of service.
(b) An additional progressive compensation equal to one (1) week for each year of service, if discharged within the first five (5) years of service; to two (2) weeks for each year of service, if discharged after five (5) years and up to fifteen (15) years of service; to three (3) weeks for each year of service if discharged after fifteen (15) years of service.
The years of service shall be determined on the basis of all the preceding accrued periods of work during which the employee worked for the employer prior to his/her discharge, but excluding those which, because of a previous discharge or severance, have been compensated or have been subject to judicial adjudication.
Notwithstanding what is provided in the first paragraph of this section, the mere fact that an employee renders services under a fixed term contract, in itself, shall not have the automatic effect of depriving him/her of the protection of §§ 185a—185m of this title, if the practice and circumstances involved or other evidence in the contracting were of such a nature that they tend to indicate the creation of an expectation of continuity in employment, or appears to be a bona fide employment contract for an indefinite period of time. In these cases, the employees thus affected shall be deemed to have been contracted for an unspecific period of time. Except when it concerns employees contracted for a certain bona fide term, or for a certain bona fide project, every separation, termination or dismissal of employees contracted for a certain term, or a certain project or job, or the non-renewal of his/her contract, shall be presumed to constitute an unjust dismissal governed by §§ 185a—185m of this title.
—May 30, 1976, No. 80, p. 251, § 1; Mar. 1, 1988, No. 7, p. 48; Aug. 6, 1991, No. 45, § 1; Sept. 17, 1996, No. 234, § 1; Oct. 7, 2005, No. 128, § 1.
History
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/185b/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 185b - Indemnity for discharge without just cause—Just cause for discharge
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 185b - Indemnity for discharge without just cause—Just cause for discharge
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Good cause for the discharge of an employee from an establishment shall be understood to be:
(a) That the worker indulges in a pattern of improper or disorderly conduct.
(b) The attitude of the employee of not performing his work in an efficient manner, or of doing it belatedly and negligently or in violation of the standards of quality of the product produced or handled by the establishment.
(c) The employee’s repeated violations of the reasonable rules and regulations established for the operation of the establishment, provided a written copy thereof has been opportunely furnished to the employee.
(d) Full, temporarily or partial closing of the operations of the establishment.
Provided, That in those cases in which the company has more than one office, factory, branch or plant, the full, temporary or partial closing of operations of any of these establishments shall constitute just cause for discharge pursuant to this section.
(e) Technological or reorganization changes as well as changes of style, design or the nature of the product made or handled by the establishment, and changes in the services rendered to the public.
(f) Reductions in employment made necessary by a reduction in the anticipated or prevailing volume of production, sales or profits at the time of the discharge.
A discharge made by the mere whim of the employer or without cause relative to the proper and normal operation of the establishment shall not be considered as a discharge for good cause. Neither shall it be considered just cause for discharging an employee, his/her collaboration or expressions made by him/her pertaining to his/her employer’s business before any administrative, judicial or legislative forum in Puerto Rico when said expressions are not of a defamatory character nor constitute disclosure of privileged information according to law. In this last case, in addition to any other corresponding adjudication, the employee thus discharged shall have the right to have an order issued for immediate restitution in his/her employment and to be compensated for an amount equal to the salaries and benefits not received from the date of discharge until a court orders reinstatement in his/hers employment.
—May 30, 1976, No. 80, p. 251, § 2; July 3, 1986, No. 65, p. 224; Oct. 3, 1986, No. 9, p. 814; Dec. 20, 1991, No. 115, § 5; July 30, 2007, No. 95, § 1.
History
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/185c/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 185c - Indemnity for discharge without just cause—Order of retaining employees
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 185c - Indemnity for discharge without just cause—Order of retaining employees
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In any case where employees are discharged for the reasons indicated in subsections (d), (e) and (f) of § 185b of this title, it shall be the duty of the employer to retain those employees of greater seniority on the job with preference, provided there are positions vacant or filled by employees of less seniority in the job within their occupational classification which may be held by them, it being understood that preference shall be given to the employees discharged in the event that within the six (6) months following their layoff the employer needs to employ a person in like or similar work to that which said employees were doing at the time of their discharge, within their occupational classification, also following the order of seniority in their reinstatement, except, and in both situations, in those cases in which there is a clear and conclusive difference in favor of the efficiency or capacity of the workers compared, in which case the capacity shall prevail; Provided That:
(a) In the case of discharges or layoffs for the reasons indicated in subsections (d), (e) and (f) of § 185b of this title in companies that have several offices, factories, branches or plants and whose usual and regular practice is not to transfer employees from one office, factory, branch or plant to another, and that said units operate in a relatively independent manner with regard to personnel aspects, the seniority of the employees within the occupational classification subject to the layoff shall be computed by taking into consideration only those employees in the office, factory, branch or plant in which said layoff shall occur.
(b) In the case of companies having several offices, factories, branches or plants whose regular and usual practice is to transfer its employees from one unit to another, and that the various units operate in a relatively integrated manner with regard to personnel aspects, seniority shall be computed on the basis of all the employees of the company, that is to say, taking into consideration all of its offices, factories, branches or plants that are in the occupational classification subject to the layoff.
History —May 30, 1976, No. 80, p. 251, § 3; July 18, 1986, No. 146, p. 456.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/185d/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 185d - Indemnity for discharge without just cause—Computation of indemnity
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 185d - Indemnity for discharge without just cause—Computation of indemnity
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The indemnity established in § 185a of this title shall be paid on the basis of the highest rate of salary earned by the employee during the three (3) years immediately preceding his/her discharge.
History —May 30, 1976, No. 80, p. 251, § 4; Oct. 7, 2005, No. 128, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/185e/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 185e - Indemnity for discharge without just cause—Definition of discharge
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 185e - Indemnity for discharge without just cause—Definition of discharge
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For the purposes of §§ 185a—185m of this title, discharge shall be understood to be, besides the employee’s layoff, his suspension indefinitely or for a term over three (3) months, except in the case of employees of seasonal industries or businesses or the resignation of the employee caused by the actions of the employer directed to induce or compel him to resign, such as imposing or trying to impose on him more onerous working conditions, reducing his salary, lowering his category or submitting him to derogatory criticisms or humiliations by deed or word.
History —May 30, 1976, No. 80, p. 251, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/185f/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 185f - Indemnity for discharge without just cause—Transfer of going business, duties of employers
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 185f - Indemnity for discharge without just cause—Transfer of going business, duties of employers
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In the case of transfer of a going business, if the new acquirer continues to use the services of the employees who were working with the former owner, such employees shall be credited with the time they have worked in the basis under former owners. In the event that the new acquirer chooses not to continue with the services of all or any of the employees and hence does not become their employer, the former employer shall be liable for the compensation provided herein, and the purchaser shall retain the corresponding amount from the selling price stipulated with respect to the business. In case he discharges them without good cause after the transfer, the new owner shall be liable for any benefit which may accrue under §§ 185a—185m of this title to the employee laid off, there being established also a lien on the business sold, to answer for the amount of the claim.
History —May 30, 1976, No. 80, p. 251, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/185g/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 185g - Indemnity for discharge without just cause—Allowance for compensation and indemnity
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 185g - Indemnity for discharge without just cause—Allowance for compensation and indemnity
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The allowance for compensation and progressive indemnity for discharge without good cause provided in § 185a of this title, shall be computed on the basis of the highest number of regular working hours of the employee during any period of thirty (30) consecutive calendar days within the year immediately preceding the discharge. In the cases of discharges based on the reasons set forth in subsections (d), (e), and (f) of § 185b of this title, any sum of money received by workers product of the liquidation due to the closing of business or enterprise programs, shall be considered as special compensation in order to share its profit with its employees. These sums shall in no way affect the calculation or the right to claim compensation and progressive indemnity provided in § 185a of this title.
History —May 30, 1976, No. 80, p. 251, § 7; Aug. 15, 2008, No. 278, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/185h/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 185h - Indemnity for discharge without just cause—Probatory work contract, prerequisites
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 185h - Indemnity for discharge without just cause—Probatory work contract, prerequisites
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So that every probatory work contract may be valid so as to exempt an employer from complying with the provisions of §§ 185a—185m of this title, said contract shall be executed in writing stating the date on which said probatory period commences and ends, which in no case shall exceed three (3) months, unless a written permit is issued by the Secretary of Labor and Human Resources. The latter may authorize the extension of the probatory period for up to a maximum of six (6) months when in his/her judgment the nature of the work may so require. The basic probatory work contract must be executed before the employee begins to work for the employer. Every probatory work contract agreed upon after the employee starts to render services shall be null and void. When the employees are members of a labor union, the stipulation on the extension of the probatory period of up to six (6) months may be put into effect through a collective bargaining agreement or a written agreement between the union and the employer, without need of the consent or approval of the Secretary of Labor and Human Resources. Failure to comply with the above conditions regarding the probatory work contract shall render it null and void.
Should the employee continue to work for the employer after the term established in the probatory work contract, or the authorized extension thereof, said employee shall acquire all the rights of an employee just as if he/she had been contracted without a definite term.
Every temporary employee contracted to continue working for the same employer shall be credited with the time worked as a temporary employee for up to a maximum of half the time required as probatory period for the position, provided the position to be held by the employee entails the performance of the same tasks and duties of the position held by the employee as temporary employee.
For the purposes of the provisions of this section, “month” shall be construed to mean a period of thirty (30) consecutive calendar days.
History —May 30, 1976, No. 80, p. 251, added as § 8 on May 21, 1982, No. 16, p. 31, § 1; Dec. 23, 1998, No. 306, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/185i/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 185i - Indemnity for discharge without just cause—Right to compensation unwaiveable; nullities
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 185i - Indemnity for discharge without just cause—Right to compensation unwaiveable; nullities
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The right of an employee who is discharged from his employment without just cause, to receive the compensation provided in § 185a of this title, is hereby declared to be unwaiveable.
Any contract or part thereof in which the employee waives the compensation to which he is entitled to, pursuant to §§ 185a—185m of this title, shall be null and void.
History —May 30, 1976, No. 80, p. 251, added as § 9 on May 21, 1982, No. 16, p. 31, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/185j/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 185j - Indemnity for discharge without just cause—Deductions on indemnity, prohibited
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 185j - Indemnity for discharge without just cause—Deductions on indemnity, prohibited
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No payroll deduction whatsoever shall be made on the indemnity provided in § 185a of this title, and the employer must hand the total amount thereof, completely, to the employee. The compensation paid to a worker product of the liquidation or closing of business or enterprise programs in order to share profit with its employees when the discharge is based on the reasons set forth in subsections (d), (e), and (f) of § 185b of this title, shall be exempted from the payment of income tax, but may include those other deductions agreed on by employer and the employee.
—May 30, 1976, No. 80, p. 251, added as § 10 on May 21, 1982, No. 16, p. 31, § 1; Aug. 15, 2008, No. 278, § 2.
History
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/185k/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 185k - Indemnity for discharge without just cause—Pleading; contesting by employer; conference; pr...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 185k - Indemnity for discharge without just cause—Pleading; contesting by employer; conference; proceedings; employer’s bond
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(a) In every action instituted by an employee claiming the benefits provided herein, the employer is bound to plead in his answer to the complaint the facts that led to the dismissal, and to prove that it was justified in order to be exempted from compliance with the provision of § 185a of this title. Likewise, in every suit instituted by an employee claiming the benefits provided herein, when the matter concerns an employee contracted for a certain term or for a certain project or job, the employer shall be bound to plead these facts in his answer to the lawsuit and prove the existence of a bona fide contract in order to be exempted from complying with the remedy provided by §§ 185a—185m of this title, except when the employer proves that it was a justified dismissal.
An employment contract for a certain term or for a certain project or job shall be deemed as bona fide when it is executed in writing during the employee’s first working day, or in the case of employees contracted by client companies through the intervention of temporary employment service companies, during the first ten (10) days after the beginning of his/her contract, and whose purpose, and it shall be so stated, is of substituting for an absent employee who is enjoying a legally instituted leave or a leave established by the employer, or in order to perform special tasks or tasks of a certain duration such as, although not limited to, annual inventories, repair of equipment, machinery or company installations, occasional loading and unloading of freight, work during specific times of the year such as Christmas, temporary orders for increased production, and any other project or specific activity of a short duration or of a certain fixed duration.
“Temporary employment service company” is any person or organization engaged in contracting employees so that through its intervention it may render temporary services for a client company.
“Client company” is any person or organization that requests or contracts temporary employees through the intervention of temporary employment service companies.
(b) In every suit based on §§ 185—185m of this title, the court shall hold a pre-trial conference not later than thirty (30) days after the complaint is answered. At the end of this conference, if in its opinion there are sufficient reasons, beyond the circumstances of conflicting allegations, to believe that the discharge was without a just cause, the court shall order the employer who has been sued to deposit, in the office of the court clerk, within a not extendable term of ten (10) days, a sum equal to the total compensation to which the worker would be entitled to, and an additional amount for covering attorney fees, which shall never be less than a percentage of the total compensation or one hundred dollars ($100), whichever is higher. The employer who has been sued may post an adequate bond to cover these amounts. Said amounts or bond shall be returned to the employer if final and binding judgment is rendered in his/her favor. At any stage of the proceedings in which, at the request of a party, the court determines that there is a serious risk that the employer lacks of sufficient property to satisfy the judgment that may be rendered in due time in the case, the court may demand the aforesaid deposit or the corresponding bond.
History —May 30, 1976, No. 80, p. 251, § 8, renumbered as § 11 on May 21, 1982, No. 16, p. 31 § 2; Aug. 6, 1991, No. 45, § 2; Oct. 7, 2005, No. 128, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/185l/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 185l - Indemnity for discharge without just cause—Prescription of rights
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 185l - Indemnity for discharge without just cause—Prescription of rights
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The rights granted hereunder shall prescribe after the lapse of three (3) years from the effective date of the discharge.
History —May 30, 1976, No. 80, p. 251, § 9, renumbered as § 12 on May 21, 1982, No. 16, p. 31, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/185m/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 185m - Indemnity for discharge without just cause—Regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 185m - Indemnity for discharge without just cause—Regulations
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The Secretary of Labor and Human Resources is hereby empowered to adopt and promulgate the regulations needed to administer the provisions of §§ 185a—185m of this title.
History —May 30, 1976, No. 80, p. 251, added as § 13 on July 3, 1986, No. 67, p. 228, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/186/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 186 - Mechanic’s lien—Preference
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 186 - Mechanic’s lien—Preference
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Whenever a worker or employee works on the construction, extension, maintenance or repair of any improvement, house or building, the total amount of the wages earned by him shall constitute a lien on said property, both when the work is done under the immediate direction of the owner and when contractors, subcontractors, jobbers, or builders intervene.
With the exceptions provided by law, the said lien shall have preference as to payment over all other debts of the property owner.
History —May 4, 1931, No. 73, p. 458, § 1, eff. 90 days after May 4, 1931.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/187/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 187 - Mechanic’s lien—Execution of lien
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 187 - Mechanic’s lien—Execution of lien
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Every worker or employee who fails to receive any sum as compensation for work done under the conditions specified in the preceding section, may execute the said lien in accordance with the proceedings established by Act No. 10, 1917, as amended by Act No. 12 of 1923; Provided, That before filing the judicial complaint, the workman or employee shall request payment from the owner or grantee of said property, or from his agent or representative, through the Department of Labor and Human Resources, or upon a written notice from the said worker or employee.
History —May 4, 1931, No. 73, p. 458, § 2, eff. 90 days after May 31, 1931.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/188/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 188 - Mechanic’s lien—Complaint, form; parties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 188 - Mechanic’s lien—Complaint, form; parties
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The facts upon which the claim is based shall be stated under oath in the complaint, and a description of the property encumbered by the lien shall be given therein; Provided, That the claims of all such workers and employees as have failed to receive their wages, or any part thereof, may be joined in one action; and Provided, further, That the filing of a complaint by one or more workmen or employees shall not bar the filing of other actions by other workmen or employees.
History —May 4, 1931, No. 73, p. 458, § 3, eff. 90 days after May 4, 1931.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/189/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 189 - Mechanic’s lien—Time for claiming
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 189 - Mechanic’s lien—Time for claiming
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No action or claim may be established against the owner or grantee of any work one year after the work for which payment is claimed has been finished.
History —May 4, 1931, No. 73, p. 458, § 4; Feb. 28, 1942, No. 2, p. 282, § 1, eff. 90 days after Feb. 28, 1942.
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