Dominican Republic high court: tips belong to workers
Santo Domingo.- The Third Chamber of the Supreme Court (SCJ), through a change of criteria, ruled that the mandatory tip provided for in article 228 of the Labor Code should not be included in the accounts of food and beverages that would be consumed in a place different from the business that sold them.
According to sentence 033-2021-SSEN-00765, the mandatory 10% for tips will only be applied to the notes or accounts of customers who consume food or beverages in the businesses that sell them, without being able to extend the Collection of said concept to the amount of the invoices for the products purchased in hotels, restaurants, cafes, bars or other businesses where food or drinks are sold to be consumed in different places.
The appeal had been filed by the Association of Hotels and Tourism of the Dominican Republic (Asonahores) against ruling 0030-03-2020-SSEN-00121, dated July 10, 2020.
What the court is saying no mandatory tip charge should be applied to “take out” “carry out” “para llevar” food and beverage orders. Therefore, read the para llevar sales receipt carefully. If there is an extra 10% “tax” charge line, it is illegal.
Who comes up with these headlines??? the article does not match the headline, and, I suppose trying to figure out when it is legal to charge a 10% tip will be just as confusing, and full of jargon, just as much as the article.
A lot is lost in the literal translation of the country’s press releases. Also, it is given some paragraphs of the in Spanish language article containing the reference the “workers” have been omitted to create the abbreviated DT version.