Employers must prove wage discrepancies and just cause for dismissal

Santo Domingo.- The Third Chamber of the Supreme Court of Justice (SCJ) has clarified that, under Article 16 of the Labor Code, employers are responsible for proving, with records, payroll, posters, and salary books, that the remuneration reported to the Social Security Treasury (TSS) is accurate if contested by a worker.

The ruling states, “It is appropriate to establish that it is up to the employer to prove the just cause for dismissal; this proof must be provided at each instance, both at the first jurisdiction and appeal levels.” The decision was made in judgment SCJ-TS-23-1171, dated October 20, 2023.

The court emphasized that determining a worker’s salary for labor benefits is a factual question for trial judges and is not typically subject to review by the cassation court, unless there is a clear error.

Additionally, the court established that when calculating compensation for a worker, the salary from the last year of service should be considered, including any permissible deductions from the ordinary salary.

This decision overturns judgment No. 028-2022-SSEN-00318, dated October 13, 2022, from the First Chamber of the Labor Court of the National District, and remands the case to the Second Chamber of the same court for further proceedings.