Puerto Rico Guidelines for Performing Reference Checks

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Multi-State
Control #:
US-174EM
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Word; 
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Description

This form provides guidelines for reference checks when hiring new employees.

Title: Understanding Puerto Rico Guidelines for Performing Reference Checks: A Comprehensive Overview Introduction: Puerto Rico, a vibrant island territory of the United States, maintains its own set of guidelines and regulations when it comes to performing reference checks for potential employees. These guidelines ensure fair and ethical practices in the hiring process while providing valuable insights into an applicant's qualifications, character, and previous work experience. In this article, we will delve into the details of the Puerto Rico Guidelines for Performing Reference Checks, exploring their significance, legal framework, and different types. 1. Legal Considerations and Significance of Reference Checks: — Puerto Rico labor laws uphold the importance of reference checks to verify an applicant's qualifications and validate their suitability for a particular job position. — Reference checks play a vital role in identifying any discrepancies in an applicant's resume, such as false or exaggerated claims, unverified work experience, or credentials. — Adhering to the Puerto Rico Guidelines for Performing Reference Checks helps employers make informed hiring decisions, minimize risks, and ensure a safe work environment. 2. General Puerto Rico Guidelines for Performing Reference Checks: — Verifying a candidate's employment history, including start and end dates, job titles, and responsibilities, is a common part of reference checks. — Checking for performance evaluations, disciplinary actions, or any other relevant details to assess an applicant's conduct in past workplaces. — Confirming educational qualifications, certifications, and licenses mentioned in the applicant's resume through reliable sources. — Seeking references from previous supervisors, colleagues, or clients who have worked closely with the applicant to gather insights about their work ethic, interpersonal skills, and overall performance. 3. Specific Types of Puerto Rico Guidelines for Performing Reference Checks: a) Legal Considerations: — Ensuring compliance with Puerto Rico labor laws and regulations concerning reference checks, including anti-discrimination and privacy laws. — Understanding what information can and cannot be asked during the reference check process to avoid legal pitfalls. b) Verification of Credentials: — Checking the authenticity of an applicant's educational degrees, professional certifications, and licenses through relevant educational institutions or licensing boards. c) Employment History Validation: — Thoroughly examining an applicant's employment history, by contacting previous employers or HR departments, to confirm dates of employment, job titles, duties performed, and reasons for leaving. d) Performance Evaluation: — Gathering feedback from previous supervisors or colleagues to evaluate an applicant's performance, strengths, weaknesses, and potential areas for improvement. e) Character and Professional Conduct: — Requesting references that can provide insights into the candidate's character, reliability, teamwork, leadership skills, and ethical conduct in previous work settings. Conclusion: Understanding and following the Puerto Rico Guidelines for Performing Reference Checks is essential for employers seeking to make informed hiring decisions while complying with relevant labor laws and regulations. By carrying out comprehensive reference checks, employers can gain valuable insights about potential employees, ensuring a more reliable and efficient recruitment process while mitigating risks associated with fraudulent claims or unfit candidates.

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FAQ

Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.

Ultimately, it depends on your personal preference, company values, as well as any time/budget constraints. For some employers, it may not be necessary to get a reference in order to decide if you would like to give an applicant a try.

Puerto Rico is not an 'employment at will' jurisdiction. Thus, an indefinite-term employee discharged without just cause is entitled to receive a statutory discharge indemnity (or severance payment) based on the length of service and a statutory formula.

Employment law in Puerto Rico is covered both by U.S. labor law and Puerto Rico's Constitution, which affirms the right of employees to choose their occupation, to have a reasonable minimum salary, a regular workday not exceeding eight hours, and to receive overtime compensation for work beyond eight hours.

Although the EPA does not apply outside the United States, such claims are covered by Title VII, which also prohibits discrimination in compensation on the basis of sex.

No. You don't even need a passport. For U.S. citizens, traveling to and working in Puerto Rico is like traveling to or working in another state. U.S. citizens only need a valid driver's license to travel to and work from Puerto Rico.

Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.

From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.

Puerto Rico is not an employment-at-will jurisdiction. However, employers are allowed to terminate employees at will during an initial probationary period.

Wage and hour coverage in Puerto Rico for non-exempt employees is governed by the US Fair Labor Standards Act (FLSA) as well as local laws.

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Puerto Rico Guidelines for Performing Reference Checks