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Section 29 CFR 825.105(b) of the FMLA regulations states that ?the FMLA applies only to employees who are employed within any State of the United States, the District of Columbia or any Territory or possession of the United States.? Territories or possessions of the United States include Puerto Rico, the Virgin Islands ...
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.
For employees who at termination of employment have between 5 and 15 years of service with the employer, the Act 80 amount equals 3 months' salary plus 2 weeks' salary per each full year of service.
? 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.
In order to hire employees in Puerto Rico, a foreign country needs to register with the Department of State of the Commonwealth of Puerto Rico, and if they're doing trade or business in Puerto Rico, they will need to register with the Department of State.
Puerto Rico does not have a local WARN statute, but the US federal WARN Act applies in Puerto Rico for mass layoffs, which may include pay in lieu of notice in certain situations.
It is hereby provided that every employer who employs fifteen (15) employees or less shall pay a bonus equal to three percent (3%) of the total maximum wage of ten thousand dollars ($10,000). year of employment.