Puerto Rico Clauses Relating to Venture Nonexecutive Employees
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FAQ
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.
Non-compete clauses in employment contracts are valid and enforceable in Puerto Rico under general freedom of contract principles but must comply with requirements established by the Supreme Court of Puerto Rico.
Yes, there are US federal laws and local laws in Puerto Rico prohib- iting discrimination and harassment in employment. Local anti-discrimination laws include: ? Law No. 100 of 30 June 1959 (the General Anti-Discrimination Act), as amended in 2013 by Laws Nos.
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.
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.
? 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.
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.
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.
