reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 148 - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social or national origin or social status, political affiliation, or political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status—Presumptions

Any of the acts mentioned in the preceding sections shall be presumed to have been committed in violation of §§ 146—151 of this title, whenever the same shall have been performed without good cause. This presumption shall be of a controvertible character.
It shall not be presumed that the employer had knowledge of the personal situation of any employee in cases of discrimination against victims or presumed victims of domestic violence, sexual aggression or stalking, unless the employer was in effect in a position to have such knowledge.
The employer shall make the reasonable and necessary adjustments or accommodations in the workplace in order to protect its employees from a possible aggressor, once he/she receives notice of the potential occurrence of a dangerous situation. Failure to do so shall be presumed to be discriminatory conduct.
History —June 30, 1959, No. 100, p. 284, § 3; Dec. 17, 2006, No. 271, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 148a - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social or national origin or social status, political affiliation, or political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status—Records and reports

Every employer and labor union shall keep and maintain for periods of time:
(a) Relevant records in order to determine if there have been or are being committed discriminatory employment practices as set forth in §§ 146–151 of this title, and
(b) shall render reports on said records as the Secretary of Labor and Human Resources may determine through regulations approved to such effect, upon previous hearing, to enforce and put into effect the provisions of §§ 146–151 of this title and the implementation thereof.
The Secretary of Labor and Human Resources shall require through regulation that each employer, labor union or joint management-labor committee controlling any apprenticeship and/or training program keep and maintain the records that may be necessary for the implementation of §§ 146–151 of this title, including, but without being limited to, a list of applicants or candidates for employment who wish to participate in those programs, and including, also, the chronological order in which the applications were received and they shall furnish to the Secretary, upon request, a detailed description of the manner in which the persons are chosen to participate in the apprenticeship and/or training programs.
Any employer or labor union violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction punished by a fine of up to five thousand dollars ($5,000) or imprisonment in jail for a term of not more than ninety (90) days, or both penalties, in the discretion of the court.
History —June 30, 1959, No. 100, p. 284, added as § 3-A on June 22, 1975, No. 58, p. 131, § 5; Aug. 13, 2008, No. 250, § 4, eff. 30 days after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 149 - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social or national origin or social status, political affiliation, or political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status—Enforcement

The Court of First Instance and the District Court shall have concurrent original jurisdiction in all cases arising under §§ 146—151 of this title. Civil claims may be prosecuted by ordinary action or through the complaint proceeding established by Act No. 10 of Nov. 14, 1917, as heretofore or hereafter amended.
The claims that several or all workers or employees or applicants for employment may have against a common employer or labor union, may be joined in one sole action.
The Secretary of Labor and Human Resources may, on his own initiative, or at the request of one or more workers or employees or applicants for employment having an interest in the matter, and in representation and for the benefit of one or more of them who are undergoing similar circumstances, order the payment of any sum owing to them, or the fulfillment of any right conferred by §§ 146—151 of this title. Any worker or employee or applicant for employment having an interest in the action may intervene in any suit so instituted by the Secretary of Labor and Human Resources, who, likewise, may intervene in any action brought by any worker or employee or applicant for employment under the terms of §§ 146—151 of this title.
In any judgment passed against any employer or labor union the latter shall be imposed costs and a reasonable sum which shall never be under one hundred dollars ($100) for attorney’s fees, if the attorney were not one from the Department of Labor and Human Resources.
History —June 30, 1959, No. 100, p. 284, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 150a - Discrimination because of age, race, color, sex, sexual orientation, gender identity, social or national origin or social status, political affiliation, or political or religious ideology, or for being a victim or perceived as a victim of domestic violence, sexual aggression or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status—Posting of excerpt

Every employer and labor union shall post in a conspicuous place in his or its establishment an excerpt which the Secretary of Labor and Human Resources shall prepare and supply of the provisions and regulations of §§ 146—151 of this title.
Any employer or labor union violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction punished by a fine of up to five thousand dollars ($5,000), or imprisonment in jail for a term not more than ninety (90) days, or both penalties, in the discretion of the court for every violation incurred.
History —June 30, 1959, No. 100, p. 284, added as § 5-A on June 22, 1975, No. 58, p. 131, § 7; Aug. 13, 2008, No. 250, § 5, eff. 30 days after Aug. 13, 2008.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 152 - Dismissal for service on jury, right to reinstatement

(a) The right is hereby established of any person dismissed from employment on account of his having been called upon to serve, or having served, as a jury member in a court of justice of Puerto Rico, whether commonwealth or federal, to be reinstated in his office or employment, or in one of like category, status and salary. Such a person shall also be entitled to any additional benefits as would have, naturally, accrued to him had he not been unlawfully dismissed from his employment.
(b) The reinstatement shall take place within the forty eight (48) hours next following the termination of his functions as juror. To be reinstated the interested party must appear personally at his employment before the said term; otherwise it shall be understood that he waives his right to reinstatement.
(c) Any person who has had to absent himself from his job to act as juror may, at his discretion, charge the time that he has been absent to act as such, to his regular vacation leave. The provisions of this subsection shall in no way affect the rights acquired through collective bargaining to these effects.
(d) Any employer who dismisses a person for having served as a juror, or refuses to reinstate him for this reason or reinstates him in a position of an inferior category, status, or retribution than what he held at the moment he started to serve as a juror, provided the provisions of subsection (b) of this section are met, shall incur civil liability for a sum equal to twice the amount of damages caused by his action to this person, or for a sum of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) at the discretion of the court, if the pecuniary damages cannot be determined.
History —June 26, 1964, No. 87, p. 268; May 23, 1984, No. 22, p. 47, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 153 - Employment of aliens not having legal residence—Prohibition

(a) No employer shall knowingly employ an alien not having legal residence in the United States.
(1) No employer shall employ, directly or through an agent, an alien whom a reasonable investigation would have shown that he had no legal residence in the country.
(2) No person, acting as agent for an employer or employee, shall refer to an employer a person to be employed whom a reasonable investigation would have shown that he had no legal residence in the country.
(3) An investigation may be considered reasonable to exempt a person from the penalties of this section, whenever there are requested, obtained and inspected, for the purpose of verifying if a prospective employee is legally in the country, the following documents:
(A) Birth Certificate.
(B) Document issued by the corresponding American Consulate or the United States Immigration and Naturalization Service authorizing him to work.
(C) Selective Service Registration Certificate.
(b) The preceding provisions shall not prevent civil actions against an employer and/or agent for violations to subsection (a) of this section and if substituted by an alien without legal residence in the United States of America, any workman who has been discharged from employment without a just cause founded in actions which are personally chargeable, such as his conduct and efficiency on his work, shall be entitled to reinstallation in his employment, and to receive the wages uncollected owing to such action of his employer and he may use for his claim the summary procedure established by §§ 3118—3132 of Title 32.
(c) Sections 153 and 154 of this title shall not apply to any employer who employs aliens who may have previous authorization from the United States Immigration and Naturalization Service to work temporarily in the country.
(d) The Secretary of Labor and Human Resources shall see to the application of §§ 153 and 154 of this title, and shall be empowered to adopt the regulations he may deem necessary for its better administration.
History —May 29, 1973, No. 48, p. 124, § 1; June 30, 1975, No. 106, p. 320, §§ 1—3, 5, eff. 30 days after June 30, 1975.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 154 - Employment of aliens not having legal residence—Penalties

Violation of any of the provisions of §§ 153 and 154 of this title shall be a misdemeanor and the first violation shall be punished by a minimum fine of two hundred dollars ($200), or by imprisonment in jail for a term of ninety (90) days, or both, in the discretion of the court and subsequent violations by a minimum fine of four hundred dollars ($400) or by imprisonment in jail for a term of six (6) months, or both, in the discretion of the court.
History —May 29, 1973, No. 48, p. 124, § 2; June 30, 1975, No. 106, p. 320, § 4, eff. 30 days after June 30, 1975.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155 - Sexual harassment in employment—Declaration of public policy

This Legislature resolves and declares as the public policy of the Commonwealth of Puerto Rico that sexual harassment in employment is a type of sexual discrimination and, as such, constitutes an illegal and undesirable practice that goes against the established constitutional principle that the dignity of a human being is inviolable. It is the intention of this Legislature to prohibit sexual harassment in employment, to impose responsibilities and fix penalties.
—Apr. 22, 1988, No. 17, p. 76, § 1, eff. 60 days after Apr. 22, 1988.
History
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155a - Sexual harassment in employment—Definitions

For the purposes of §§ 155—155m of this title, the following terms shall have the meaning stated hereinbelow:
(1) Employee.— Any person who works for an employer and receives compensation therefor, or any job applicant. For the purposes of the protection conferred by §§ 155—155m of this title, the term employee shall be interpreted in the broadest sense possible.
(2) Employer.— Any natural or juridical person of any kind, the Government of the Commonwealth of Puerto Rico, including each of its three Branches and its instrumentalities or public corporations, municipal governments and any of its municipal instrumentalities or corporations which employ persons for any kind of compensation, for profit or non-profit purposes, and their agents and supervisors. It also includes labor unions and other organizations, groups or associations in which employees participate for the purpose of negotiating the terms and conditions of their employment with the employers, as well as employment agencies.
(3) Person.— Any natural or juridical person.
(4) Supervisor.— Any person that exercises some kind of control or whose recommendation is taken into consideration for the contracting, classifying, discharging, promoting, transfer, fixing compensation or working hours, places or conditions or the tasks or duties that an employee or group of employees perform or may perform, or on any other terms or conditions of employment, or any person that performs day to day supervisory tasks.
History —Apr. 22, 1988, No. 17, p. 76, § 2, eff. 60 days after Apr. 22, 1988.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155b - Sexual harassment in employment—Elements; circumstances

Sexual harassment in employment consists of any type of undesired sexual approach, demand for sexual favors and any other verbal or physical behavior of a sexual nature or that is reproduced by using any means of communication including, but not limited to, the use of multimedia tools through the cybernetic network or through any electronic means, when one or more of the following circumstances occur:
(a) When submission to said conduct becomes, implicitly or explicitly, a term or condition of a person’s employment.
(b) When submission to or rejection of such conduct by the person becomes the grounds for making employment decisions or regarding the job that affect that person.
(c) When the conduct has the effect or purpose of interfering unreasonably with the performance of such person’s work or when it creates an intimidating, hostile or offensive work environment.
History —Apr. 22, 1988, No. 17, p. 76, § 3; Nov. 30, 2006, No. 252, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155c - Sexual harassment in employment—Determination

In order to determine whether the alleged conduct constitutes sexual harassment in employment, all of the circumstances surrounding the facts that occurred shall be taken into consideration. The determination of the legality of an action shall be based on the findings of each particular case.
History —Apr. 22, 1988, No. 17, p. 76, § 4, eff. 60 days after Apr. 22, 1988.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155d - Sexual harassment in employment—Acts of employer or agents

An employer shall be guilty of sexual harassment in employment based on his actions and those of his agents or supervisors, regardless of whether or not the specific acts being disputed were authorized or prohibited by the employer and regardless of whether the employer knew or should have known about said behavior.
The particular employment relationship shall be examined in order to determine whether the person who committed sexual harassment acted in his position as the employer’s agent or supervisor.
It shall not be necessary to establish that the agent or supervisor who committed sexual harassment was the claimant’s immediate supervisor.
History —Apr. 22, 1988, No. 17, p. 76, § 5, eff. 60 days after Apr. 22, 1988.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155e - Sexual harassment in employment—Between employees; exculpatory evidence

An employer shall be held responsible for any acts of sexual harassment towards the employees in the work place, if the employer or his agents or his supervisors knew or should have been aware of such conduct unless the employer proves that he took immediate and appropriate action to correct the situation.
History —Apr. 22, 1988, No. 17, p. 76, § 6, eff. 60 days after Apr. 22, 1988.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155f - Sexual harassment in employment—Persons not employed by employer

An employer shall be held responsible for the acts of sexual harassment towards his employees in the work place by persons not employed by him if the employer or his agents or supervisors knew or should have known of such conduct and did not take immediate and adequate action to correct the situation. For the purposes of this section, the extent of the employer’s control and any other legal liability that the employer should have with respect to the behavior of persons not employed by him shall be taken into consideration.
History —Apr. 22, 1988, No. 17, p. 76, § 7, eff. 60 days after Apr. 22, 1988.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155g - Sexual harassment in employment—Award or denial of opportunity or benefit

When the employer grants employment opportunities or benefits as the result of a person’s submission to sexual approaches and demands of the employer or of his agents or supervisors, the former shall be held liable for sexual harassment in employment with regard to the persons who were denied such opportunity or benefit.
History —Apr. 22, 1988, No. 17, p. 76, § 8, eff. 60 days after Apr. 22, 1988.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155h - Sexual harassment in employment—Retaliation by employer

An employer shall be held liable pursuant to the provisions of §§ 155—155m of this title when he carries out any action that results in adversely affecting the opportunities, terms and working conditions of any person who has rejected the employer’s practices that are in conflict with the provisions of §§ 155—155m of this title or who has filed a complaint or suit, given testimony, collaborated or participated in any other manner in an investigation, procedure or hearing that is initiated under §§ 155—155m of this title.
—Apr. 22, 1988, No. 17, p. 76, § 9, eff. 60 days after Apr. 22, 1988.
History
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155i - Sexual harassment in employment—Obligations of employer

Every employer has the obligation to keep the work place free from sexual harassment and intimidation and shall clearly express his policy against sexual harassment to his supervisors and employees and shall guarantee that they shall work with safety and dignity. In compliance with the obligation imposed on the employer of preventing, discouraging and avoiding sexual harassment in employment, he shall take whatever measures that are necessary or convenient for that purpose, including but not limited to the following:
(a) Clearly express to his supervisors and employees that the employer has a strong policy against sexual harassment in employment.
(b) Put into practice the methods needed to create awareness and make the prohibition of sexual harassment in employment known.
(c) Give sufficient publicity in the work place so that the job applicants will know the rights and protection they are entitled to and granted pursuant to §§ 155—155m of this title, §§ 1321—1341 of this title, §§ 146—151 of this title and the Constitution of the Commonwealth of Puerto Rico.
(d) Establish an adequate and effective internal procedure to handle sexual harassment complaints.
History —Apr. 22, 1988, No. 17, p. 76, § 10, eff. 60 days after Apr. 22, 1988.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155j - Sexual harassment in employment—Sanctions

Any person responsible for sexual harassment in employment as defined by §§ 155—155m of this title shall incur civil liability:
(1) For a sum equal to double the amount of the damages that the action has caused the employee or job applicant, or
(2) for a sum of not less than three thousand dollars ($3,000) at the discretion of the court, in those cases in which pecuniary damages cannot be determined.
In the judgment in civil actions filed under the above provisions, the court shall order the employer to hire, promote or reinstate the employee in his job and to cease and desist of the act in question.
History —Apr. 22, 1988, No. 17, p. 76, § 11, eff. 60 days after Apr. 22, 1988.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155k - Sexual harassment in employment—Attorneys’ fees and costs

The party that is found guilty of the behavior prohibited pursuant to the provisions of §§ 155—155m of this title shall pay the attorney fees and costs of the proceedings as established by a competent court.
History —Apr. 22, 1988, No. 17, p. 76, § 12, eff. 60 days after Apr. 22, 1988.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155l - Sexual harassment in employment—Availability of judicial procedures

It shall not be necessary to exhaust all administrative remedies for the purpose of initiating judicial procedures under §§ 155—155m of this title.
History —Apr. 22, 1988, No. 17, p. 76, § 13, eff. 60 days after Apr. 22, 1988.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 155m - Sexual harassment in employment—Limitations

The term to file a suit based on the violations contained in §§ 155—155m of this title shall be of one year. The statute of limitations in suits for sexual harassment in the work place shall begin to run its course when the circumstances that could delay the prosecution of the action end.
History —Apr. 22, 1988, No. 17, p. 76, added as § 14 on Aug. 18, 2002, No. 196, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156 - Discrimination based on sexual orientation and gender identity—Declaration of public policy

It is hereby declared as the public policy of the Commonwealth of Puerto Rico to repudiate employment discrimination based on sexual orientation and gender identity in the public or the private sectors. In doing so, we hereby reassert that the dignity of the human being is inviolable and that all men are equal before the law.
History —May 29, 2013, No. 22, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156a - Discrimination based on sexual orientation and gender identity—Definitions

For purposes of interpretation and application of §§ 156-156f of this title within the labor field, the following terms shall have the meaning stated hereinbelow:
(a) Sexual orientation.— Means the ability of any person of having an emotional, affectional, or sexual attachment to persons of the other gender, the same gender, or more than one gender. In order to accomplish all the purposes provided herein, this definition shall be interpreted as broadly as possible to extend the benefits thereof to any citizen who is a victim of discrimination, whether it is a one-time event or a pattern.
(b) Gender identity.— Means the manner in which an individual identifies or recognizes him/herself in relation to his/her gender, with or without regard to the individual’s designated sex at birth. In order to accomplish all the purposes provided herein, this definition shall be interpreted, as broadly as possible to extend the benefits thereof to any citizen who is a victim of discrimination, whether it is a one-time event or a pattern, and in accordance with the provisions of Public Law No. 111-84 (2009), the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.
History —May 29, 2013, No. 22, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156b - Discrimination based on sexual orientation and gender identity—Regulations

Every agency, instrumentality, department, public corporation, municipality, and the Legislative Branch are hereby directed to modify their personnel regulations to clearly state the public policy set forth in §§ 156–156f of this title.
History —May 29, 2013, No. 22, § 17.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156c - Discrimination based on sexual orientation and gender identity—Compliance protocol

The Training and Labor Affairs Advisory and Human Resources Administration Office (OCALARH, Spanish acronym), in conjunction with the Department of Labor and Human Resources of Puerto Rico are hereby directed to draw up a compliance, education, and training protocol with regard to the public policy of eradicating all types of discrimination including those based on sexual orientation and gender identity, as defined in §§ 156–156f of this title, and which shall be adopted by every government agency and applicable to all private sector employers, in accordance with §§ 156–156f of this title. Field experts shall be consulted for protocol drafting and presentation purposes. OCALARH and the Department of Labor and Human Resources of Puerto Rico shall have ninety (90) days after the approval of this act to draw up said protocol.
History —May 29, 2013, No. 22, § 18.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156d - Discrimination based on sexual orientation and gender identity—Exceptions and exclusions

By virtue of constitutional provisions regarding the separation of church and State, namely, the First Amendment to the Constitution of the United States of America and Section 3 of Article II of the Constitution of the Commonwealth of Puerto Rico, the provisions of §§ 156–156f of this title shall not apply to churches or religious congregations, organizations, societies, institutions, as well as any entity, for-profit or non-profit corporations, faith-based and community organizations, educational institutions, academic curriculums, service rendering or associations linked to a church or religious congregation, whose creed, dogma, or occupational requirements are clearly inconsistent with the interests upheld by §§ 156–156f of this title.
None of the provisions of §§ 156–156f of this title constitutes a prohibition, limitation, or grounds to deny the hiring by the Commonwealth, its agencies, instrumentalities, public corporations, and municipalities, of faith-based and community organizations, educational institutions, entities or associations linked to a church or religious congregations, whose constitution, origin, or purpose are based on a religious belief, creed, or dogma. Provided, that the aforementioned entities shall not refuse to render services to third parties based on the discriminatory grounds defined in §§ 156–156f of this title in any activity that is funded or defrayed, in whole or in part, with federal or Commonwealth funds.
History —May 29, 2013, No. 22, § 19.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156e - Discrimination based on sexual orientation and gender identity—Interpretation clause

If the provisions of any other act are inconsistent or incompatible with the provisions and matters expressly included in §§ 156–156f of this title, the provisions of §§ 156–156f of this title shall prevail.
History —May 29, 2013, No. 22, § 20.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › § 156f - Discrimination based on sexual orientation and gender identity—Scope

None of the provisions of §§ 156–156f of this title shall affect any legislation with regard to marriage or the adoption process.
History —May 29, 2013, No. 22, § 21.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › 10851 — 10854) › § 10851 - Definitions

(a) Resident individual investor.— Means a resident individual, as defined in § 30041(a)(30) of this title, who has not been a resident of Puerto Rico during the six (6) years preceding the effective date of this act and becomes a Resident of Puerto Rico not later than the tax year ending on December 31, 2035. According to the definition of the term resident individual provided in § 30041(a)(30) of this title, students pursuing an education outside of Puerto Rico who were residents of Puerto Rico prior to leaving to study abroad, personnel working outside of Puerto Rico on a temporary basis for the Government of Puerto Rico, its agencies and instrumentalities, and persons in situations similar to those described above, shall not be eligible to be considered as Resident Individual Investors, since they continue to be domiciled in Puerto Rico for the period they reside outside of our jurisdiction.
(b) Code.— means §§ 30011 et seq. of this title, as amended, known as the “Internal Revenue Code for a New Puerto Rico,” or any other succeeding law that substitutes it.
(c) Banking Center Act.— means §§ 232 et seq. of Title 7, known as the “International Banking Center Regulatory Act.”
(d) Secretary.— Means the Secretary of the Department of Economic Development and Commerce.
(e) Exemption Office.— Means the Industrial Tax Exemption Office.
(f) Director.— Means the Director of the Industrial Tax Exemption Office.
History Jan. 17, 2012, No. 22, § 1; Dec. 22, 2014, No. 241, § 1; Dec. 22, 2014, No. 241, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › 10851 — 10854) › § 10852 - Tax exemption applicable to income derived from interest and dividends earned by a resident individual investor

Income derived from all sources by a Resident Individual Investor after becoming a resident of Puerto Rico, but before January 1st, 2036, consisting of interest and dividends, including but not limited to interest and dividends from a registered investment company described in § 30521 of this title, shall be fully exempt from income taxes in Puerto Rico, including the alternate basic tax provided in the Code. In addition, the income derived by a Resident Individual Investor after becoming a resident of Puerto Rico, but before January 1st, 2036, consisting of interest, financing charges, dividends or partnership interest received from international banking institutions duly authorized under the “Banking Center Act,” shall be fully exempt from income taxes in Puerto Rico, including the alternate basic tax provided in the Code.
History Jan. 17, 2012, No. 22, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › 10851 — 10854) › § 10853 - Special tax for resident individual investors on net long-term capital gain

(a) Appreciation before becoming a Resident of Puerto Rico.—
The total net long-term capital gain generated by a resident individual investor related to the appreciation of the securities owned by such resident individual investor before becoming a resident of Puerto Rico, which appreciation is recognized ten (10) years after he/she became a resident of Puerto Rico and before January 1st, 2036, shall be subject to a five percent (5%) tax, in lieu of any other tax imposed under the Code. If such appreciation is recognized at any other time, the net long-term capital gain with respect to said securities shall be subject to the payment of income taxes in accordance with the tax treatment provided by the Code. The amount of the net long-term capital gain shall be limited to the portion of the gain related to the appreciation of the securities while the resident individual investor resided outside of Puerto Rico.
(b) Appreciation after becoming a resident of Puerto Rico.—
The total net capital gain generated by a Resident Individual Investor related to any appreciation of securities after said Resident Individual Investor becomes a Resident of Puerto Rico that is recognized before January 1st, 2036, shall be fully exempt from income taxes in Puerto Rico, including the alternate basic tax provided in the Code. If such appreciation is recognized after December 31st, 2035, the net capital gain with respect to said securities shall be subject to income taxes in accordance with the tax treatment provided by the Code. The amount of this net capital gain means the portion of the gain related to the appreciation of both the securities owned by the resident individual investor at the time of becoming a resident of Puerto Rico and those acquired by him/her after becoming a resident of Puerto Rico.
History July 11, 2012, No. 138, § 3, renumbered as § 5 and amended on July 11, 2012, No. 138, §§ 2, 3; Jan. 17, 2012, No. 22, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 7 - Protection of Employees’ Rights (§§ 131 — 10854) › 10851 — 10854) › § 10854 - Reports required to resident individual investors

Any resident individual investor who holds a decree issued under this chapter shall file annually an authenticated report with the Exemption Office and a copy thereof with the Secretary of the Treasury thirty (30) days after the filing of the income tax return with the Department of the Treasury including any extension thereof. The Executive Director of the Exemption Office may grant a thirty (30)-day extension if so requested in writing before the deadline to file the report, provided there is just cause therefor and it is so stated in the request. Said report shall include a relation of data showing compliance with the conditions under the decree for the taxable year immediately preceding the filing date, his name and the name of related business, the cadaster number of the property or properties connected to the incentivized activity; the merchant registration number; the related account as required in the Puerto Rico Internal Revenue Code; the employer identification number; and the information required by §§ 1141 et seq. of Title 23, better known as the “Fiscal Information and Permit Control Act”, as applicable, as well as any other information required by regulations, including the payment of annual fees. Fees shall be paid in the manner prescribed by the Secretary through regulations. The information provided in said annual report shall be used for statistical purposes and economic analyses. Likewise, the Exemption Office shall conduct an audit annually to ascertain compliance with the terms and conditions of the decree issued under this chapter.
Notice This section has more than one version with varying effective dates. Second of two versions of this section.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161a - Liability of the employer

(a) An employee or candidate for employment, as the case may be, shall have a cause of action against an employer who has a controlled substance detection program, under the following circumstances:
(1) The employer took disciplinary action against the employee, or refused to employ a candidate for employment, based on an erroneous test result, and the employer relied upon said result, through fraud, fault or negligence.
(2) The employer who damages the reputation of the employee or candidate for employment by revealing the test results, through fraud, fault or negligence.
(b) The employee who suffers damages as a result of a drug test performed on his/her sample, and does not file suit against his/her employer for fraud, fault or negligence, may however, avail him/herself of the benefits of §§ 1 et seq. of Title 11.
History —Aug. 8, 1997, No. 59, § 4, eff. 180 days after Aug. 8, 1997.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161c - Confidentiality of results

All the information and documentation compiled on an employee, including the results of the test to detect the presence of controlled substances, shall be confidential and shall be kept separate from the personnel file. Said information shall not be offered or admitted in evidence in a criminal suit against the employee, unless it is the employee who offers the same. The employers, laboratories, and employees of the rehabilitation program who have access to said information shall maintain the confidential nature thereof. The information shall not be disclosed, except to:
(a) The employee who has been submitted to the test;
(b) any representative authorized in writing by the employee;
(c) employees designated by the employer for such purposes;
(d) provides of treatment and rehabilitation plans for the user of drugs when the employee is under a treatment and rehabilitation plan.
The employer shall not require the laboratory to conduct other tests on the sample obtained from the employee not related to the detection of controlled substances. Neither may the laboratory conduct any analysis on the sample on their own initiative, other than that required by the employer.
History —Aug. 8, 1997, No. 59, § 6, eff. 180 days after Aug. 8, 1997.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161d - Activities that result in tests for the detection of controlled substances

All employees, candidates to re-entry and candidates for employment shall have the obligation to submit to mandatory tests in the following activities:
(a) Employees working in the gunsmith business.
(b) Every person who for pay, controls or drives any railroad train, motor vehicle used to transport passengers regardless of its capacity; any motor vehicle used to haul cargo on any public road; or any vehicle used to transport passengers or cargo by air or water.
(c) Security guards.
(d) Employees whose functions include the handling and control of drugs and controlled substances, explosives, gases, dangerous, inflammable, radioactive, toxic, high voltage materials or similar substances.
History —Aug. 8, 1997, No. 59, § 7, eff. 180 days after Aug. 8, 1997.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161e - Circumstances under which tests may be made

In all those cases in which § 161d of this title is not applicable, the employer may require or request employees, candidates for employment and candidates to re-entry, to submit to a controlled substances detection test as a condition to continue in their employment, under the following circumstances, among others:
(a) When an accident occurs in the workplace, attributable to the employee, in connection with his/her functions and during working hours. The employee shall not be submitted to the controlled substances detection tests if he/she is not in full control of his/her mental faculties because of the accident, unless a medical order provides otherwise.
(b) When there is reasonable individualized suspicion that the employee is using controlled substances. The test shall be made within the term of twenty-four (24) hours.
(c) As a pre-condition for recruitment and as part of a general physical-medical examination, required from all candidates for employment.
(d) Follow up tests: If an employee, in the course of his/her work, is admitted to a rehabilitation program, the employer may require such employee to submit to follow-up tests as needed.
History —Aug. 8, 1997, No. 59, § 8, eff. 180 days after Aug. 8, 1997.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161f - Testing program by drawing

Every employer may establish a testing program for the detection of controlled substances to promote the health and welfare of his/her employees, through to random selection methods, chosen objectively.
History —Aug. 8, 1997, No. 59, § 9, eff. 180 days after Aug. 8, 1997.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161g - Labor organizations

Should there be a labor organization representing workers in an appropriate collective bargaining unit, duly certified by the national or local Labor Relations Board, the procedure for the administration of drug testing shall be subject to the provisions of the collective bargaining agreement in force on the date of approval of this act. Once the term of the agreement has expired, the provisions of this chapter shall be fully applicable.
History —Aug. 8, 1997, No. 59, § 10, eff. 180 days after Aug. 8, 1997.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 8 - Controlled Substances Detection Testing in the Private Work Sector (§§ 161 — 161h) › § 161h - Penalty

Any person who with malice and premeditation, discloses any information described as confidential in this chapter, other than what is provided in § 161c of this title, shall incur a misdemeanor.
History —Aug. 8, 1997, No. 59, § 11, eff. 180 days after Aug. 8, 1997.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 172 - Payment of wages—Restriction on how to spend them prohibited

Employers are hereby forbidden to impose, either directly or indirectly, personally or through their agents, as an express or implied condition for the admission of any laborer, any stipulation relative to the place where, or the way in which, the laborer shall spend his wages, in whole or in part, or any other stipulation requiring him to reside on any property of the employer. Employers or their agents are also forbidden to dismiss any laborer because he may have spent his wages, in whole or in part, in a certain place, in a certain way, or with a specified person, or because he does not reside on any property of the employer or of his agent.
History —Apr. 17, 1931, No. 17, p. 194, § 2, eff. 90 days after Apr. 17, 1931.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 173 - Payment of wages—Time and manner

The total amount of wages due to a worker or employee shall be paid in legal tender of the United States of America, whether in cash, check, direct deposit, electronic transfer of funds or payroll credit card, at intervals which shall not exceed fifteen (15) days. When a worker or employee is dismissed or has to leave work during any day of the week, it shall be the duty of the employer to pay him the amount due for the number of days worked, no later than the next official payday. Any payment of wages to a worker or employee by the employer in merchandise or in a form other than the legal tender of the United States of America, whether in cash, check, direct deposit, electronic transfer of funds or payroll credit card shall be null.
History —Apr. 17, 1931, No. 17, p. 194, § 3; Mar. 21, 1938, No. 3, p. 117, § 1; July 1, 1995, No. 74, § 2; Dec. 26, 2007, No. 213, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 174 - Payment of wages—Counter claim in action; restrictions

In any action brought by a laborer against an employer for the recovery of any amount due him for wages, the defendant cannot file any setoff or counter claim to reduce the amount of the claim, based on the fact that he delivered merchandise on account of said wages, or that said merchandise was furnished to the laborer through any warehouse, deposit, store or other establishment of the employer; nor may the defendant file any such setoff or counter claim for any merchandise which may have been supplied to the laborer by any other person, on the strength of orders or instructions from the defendant, or from his agent or attorney.
History —Apr. 17, 1931, No. 17, p. 194, § 4, eff. 90 days after Apr. 17, 1931.