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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 employer requires or permits an employee to work during a time scheduled to be the employees meal period, the employer must pay for that time at a wage rate equal to double the standard hourly rate. Title 29, Part I, Chapter 13, Section 287.
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.
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.
? 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.
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.
Does the WARN Act apply to Puerto Rico and other territories of the United States, such as Guam? Yes. Territories of the United States are subject to U.S. laws. Are universities covered under the WARN Act?