Puerto Rico Stipulation for Dismissal
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FAQ
Act 80 (the Unjust Dismissal Act) regulates employment termination of employees hired for an indefinite term. Puerto Rico is not an 'employment at will' jurisdiction.
No At-Will Employment in Puerto Rico Employers must demonstrate just cause for employee termination or risk paying a premium (una mesada) to the discharged employee that can be a severance package on steroids ? including two months' salary (minimum) plus progressive compensation depending on length of service.
If the employee is discharged in California, then the law requires all employers to provide any and all compensation due at the time of separation. The employee can file a wage claim for every day they don't receive a check after the time of separation.
? PUBLIC LAW 87 AUTHORIZATION TO RECRUIT AND TRANSPORT ? It is unlawful for any person, any organization, or the agent of a person or organization, to recruit or transport laborers for employment outside Puerto Rico without authorization by the labor secretary.
Severance pay can be significantly higher than the termination pay required by the ESC. Where that is the case, the employee is entitled to receive the higher of the two amounts. However, unlike termination pay, it is possible for employers to contract out of an obligation to provide severance pay.
The statutory severance formula for employees hired on or after January 26, 2017, regardless of years of service, changes to three months of salary plus two weeks for each completed year of service. The statutory severance is capped at nine months.
29 §§185a-185m (Act No. 80), requires that employers have "just cause" to terminate the employment of an employee hired for an indefinite period of time. If it is determined that there is no just cause, the discharged employee is entitled to an indemnification under Act No.
