reglab/statecodes huggingface dataset:
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) › § 176a - Payment of wages—Regulations

The Secretary of Labor and Human Resources is hereby empowered to adopt and promulgate the regulations needed to administer and implement the provisions of §§ 171—177 of this title, subject to § 307 of Title 3, with the sole requirement of approval by the Governor of the regulations adopted by the Secretary of Labor and Human Resources.
History —Apr. 17, 1931, No. 17, p. 194, added as § 7 on July 15, 1988, No. 100, p. 420, § 1.
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) › § 177 - Payment of wages—Penalties

Violation of any of the provisions of §§ 171—177 of this title shall constitute a misdemeanor. But in the case where the employer, knowing that his business will be closed, or for any other reason, does not make the deductions set forth in § 175 of this title, or, having made them, unduly withholds them in his possession, he shall be punished by a minimum penalty of five hundred dollars ($500) or by imprisonment in jail for ninety (90) days, or by both penalties, in the discretion of the court.
If the violation consists in paying the workers the wages or any other benefit by checks, and these cannot be cashed because the drawer lacks the necessary funds in the bank against which said checks are drawn, the employer shall be guilty of an offense that shall entail a penalty equal to twice the amount for which each check was drawn, or five (5) days of imprisonment for each dollar he fails to pay, and each check so drawn shall constitute a different offense. The criminal action shall be dismissed if, within ten (10) days of the date of payment of the salary, the employer pays the worker to whom he owes the wages or benefits paid by check or checks, the adequate sums on this account, plus an equal amount as liquidation of damages; or if the claim on that account is settled between the worker and the employer with the approval of the Secretary of Labor and Human Resources.
History —Apr. 17, 1931, No. 17, p. 194, § 7; July 30, 1974, No. 271, Part 2, p. 318; June 2, 1976, No. 126, p. 366; renumbered as § 8 on July 15, 1988, No. 100, p. 420, § 2; July 1, 1995, No. 74, § 4[bis]
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) › § 178 - Payment of wages—Evidence or sign of indebtedness; penalties

It shall be unlawful for any corporation, company, partnership, or person engaged in any trade or business, to issue, sell, give or deliver, either directly or indirectly, to any person employed as a laborer, journeyman or foreman by said corporation, company, partnership or person, in payment of wages earned or to be earned by said laborer, any certificate, ticket, check, script, draft, commercial check or other evidence of indebtedness or of credit payable or redeemable otherwise than in lawful money. If any such certificate, ticket, check, draft, script, commercial check or other evidence of indebtedness or of credit is so issued, sold, given or delivered to said laborer or to any other person for delivery to such laborer, it shall be held and construed in all courts and other places to be a promise by said corporation, company, partnership or person issuing, selling, giving or delivering it to the person stated therein, or to bearer, to pay the sum specified therein in legal form; Provided, That it shall also be unlawful to exchange said certificate, ticket, check, draft, script, or commercial check for anything other than lawful money directly. And any corporation, company, partnership or person so issuing, selling, giving, or delivering such certificate, ticket, check, script, draft, commercial check or other evidence of indebtedness or of credit shall, moreover, be guilty of misdemeanor, and upon conviction shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), and the officer, employee, or agent of such corporation, company, firm, or person, guilty of the said offense, may be committed to jail for a term of not less than ten (10) days nor more than six (6) months, in the discretion of the court; Provided, That any officer, employee, or agent of a corporation, company, firm or person exchanging said certificate, ticket, check, draft, script, commercial check or other evidence of indebtedness or of credit for anything other than lawful money directly, shall also be guilty of the offense stated in the preceding Proviso, and shall be liable to the penalty therein prescribed.
History —Mar. 12, 1908, p. 171, § 1; Apr. 28, 1931, No. 61, p. 408, § 1, eff. 90 days after Apr. 28, 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) › § 179 - Payment of wages—Purchase of goods; penalties

If any corporation, company, firm or person shall coerce or compel, or attempt to coerce or compel, an employee in its, their, or his employment, to purchase goods or supplies in payment of wages due him, or to become due him, or otherwise, from any corporation, company, firm or person, such first-named corporation, company, firm or person shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in the preceding section.
History —Mar. 12, 1908, p. 171, § 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) › § 185a - Indemnity for discharge without just cause—Salary; years of service

Every employee in commerce, industry, or any other business or work place, designated hereinafter as the establishment, in which he/she works for compensation of any kind, contracted without a fixed term, who is discharged from his/her employment without just cause, shall be entitled to receive from his/her employer, in addition to the salary he/she may have earned:
(a) The salary corresponding to two (2) months, as indemnity, if discharged within the first five (5) years of service; the salary corresponding to three (3) months if discharged after five years (5) and up to fifteen (15) years of service; the salary corresponding to six (6) months if discharged after fifteen (15) years of service.
(b) An additional progressive compensation equal to one (1) week for each year of service, if discharged within the first five (5) years of service; to two (2) weeks for each year of service, if discharged after five (5) years and up to fifteen (15) years of service; to three (3) weeks for each year of service if discharged after fifteen (15) years of service.
The years of service shall be determined on the basis of all the preceding accrued periods of work during which the employee worked for the employer prior to his/her discharge, but excluding those which, because of a previous discharge or severance, have been compensated or have been subject to judicial adjudication.
Notwithstanding what is provided in the first paragraph of this section, the mere fact that an employee renders services under a fixed term contract, in itself, shall not have the automatic effect of depriving him/her of the protection of §§ 185a—185m of this title, if the practice and circumstances involved or other evidence in the contracting were of such a nature that they tend to indicate the creation of an expectation of continuity in employment, or appears to be a bona fide employment contract for an indefinite period of time. In these cases, the employees thus affected shall be deemed to have been contracted for an unspecific period of time. Except when it concerns employees contracted for a certain bona fide term, or for a certain bona fide project, every separation, termination or dismissal of employees contracted for a certain term, or a certain project or job, or the non-renewal of his/her contract, shall be presumed to constitute an unjust dismissal governed by §§ 185a—185m of this title.
—May 30, 1976, No. 80, p. 251, § 1; Mar. 1, 1988, No. 7, p. 48; Aug. 6, 1991, No. 45, § 1; Sept. 17, 1996, No. 234, § 1; Oct. 7, 2005, No. 128, § 1.
History
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) › § 185b - Indemnity for discharge without just cause—Just cause for discharge

Good cause for the discharge of an employee from an establishment shall be understood to be:
(a) That the worker indulges in a pattern of improper or disorderly conduct.
(b) The attitude of the employee of not performing his work in an efficient manner, or of doing it belatedly and negligently or in violation of the standards of quality of the product produced or handled by the establishment.
(c) The employee’s repeated violations of the reasonable rules and regulations established for the operation of the establishment, provided a written copy thereof has been opportunely furnished to the employee.
(d) Full, temporarily or partial closing of the operations of the establishment.
Provided, That in those cases in which the company has more than one office, factory, branch or plant, the full, temporary or partial closing of operations of any of these establishments shall constitute just cause for discharge pursuant to this section.
(e) Technological or reorganization changes as well as changes of style, design or the nature of the product made or handled by the establishment, and changes in the services rendered to the public.
(f) Reductions in employment made necessary by a reduction in the anticipated or prevailing volume of production, sales or profits at the time of the discharge.
A discharge made by the mere whim of the employer or without cause relative to the proper and normal operation of the establishment shall not be considered as a discharge for good cause. Neither shall it be considered just cause for discharging an employee, his/her collaboration or expressions made by him/her pertaining to his/her employer’s business before any administrative, judicial or legislative forum in Puerto Rico when said expressions are not of a defamatory character nor constitute disclosure of privileged information according to law. In this last case, in addition to any other corresponding adjudication, the employee thus discharged shall have the right to have an order issued for immediate restitution in his/her employment and to be compensated for an amount equal to the salaries and benefits not received from the date of discharge until a court orders reinstatement in his/hers employment.
—May 30, 1976, No. 80, p. 251, § 2; July 3, 1986, No. 65, p. 224; Oct. 3, 1986, No. 9, p. 814; Dec. 20, 1991, No. 115, § 5; July 30, 2007, No. 95, § 1.
History
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) › § 185c - Indemnity for discharge without just cause—Order of retaining employees

In any case where employees are discharged for the reasons indicated in subsections (d), (e) and (f) of § 185b of this title, it shall be the duty of the employer to retain those employees of greater seniority on the job with preference, provided there are positions vacant or filled by employees of less seniority in the job within their occupational classification which may be held by them, it being understood that preference shall be given to the employees discharged in the event that within the six (6) months following their layoff the employer needs to employ a person in like or similar work to that which said employees were doing at the time of their discharge, within their occupational classification, also following the order of seniority in their reinstatement, except, and in both situations, in those cases in which there is a clear and conclusive difference in favor of the efficiency or capacity of the workers compared, in which case the capacity shall prevail; Provided That:
(a) In the case of discharges or layoffs for the reasons indicated in subsections (d), (e) and (f) of § 185b of this title in companies that have several offices, factories, branches or plants and whose usual and regular practice is not to transfer employees from one office, factory, branch or plant to another, and that said units operate in a relatively independent manner with regard to personnel aspects, the seniority of the employees within the occupational classification subject to the layoff shall be computed by taking into consideration only those employees in the office, factory, branch or plant in which said layoff shall occur.
(b) In the case of companies having several offices, factories, branches or plants whose regular and usual practice is to transfer its employees from one unit to another, and that the various units operate in a relatively integrated manner with regard to personnel aspects, seniority shall be computed on the basis of all the employees of the company, that is to say, taking into consideration all of its offices, factories, branches or plants that are in the occupational classification subject to the layoff.
History —May 30, 1976, No. 80, p. 251, § 3; July 18, 1986, No. 146, p. 456.
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) › § 185d - Indemnity for discharge without just cause—Computation of indemnity

The indemnity established in § 185a of this title shall be paid on the basis of the highest rate of salary earned by the employee during the three (3) years immediately preceding his/her discharge.
History —May 30, 1976, No. 80, p. 251, § 4; Oct. 7, 2005, No. 128, § 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) › § 185e - Indemnity for discharge without just cause—Definition of discharge

For the purposes of §§ 185a—185m of this title, discharge shall be understood to be, besides the employee’s layoff, his suspension indefinitely or for a term over three (3) months, except in the case of employees of seasonal industries or businesses or the resignation of the employee caused by the actions of the employer directed to induce or compel him to resign, such as imposing or trying to impose on him more onerous working conditions, reducing his salary, lowering his category or submitting him to derogatory criticisms or humiliations by deed or word.
History —May 30, 1976, No. 80, p. 251, § 5.
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) › § 185f - Indemnity for discharge without just cause—Transfer of going business, duties of employers

In the case of transfer of a going business, if the new acquirer continues to use the services of the employees who were working with the former owner, such employees shall be credited with the time they have worked in the basis under former owners. In the event that the new acquirer chooses not to continue with the services of all or any of the employees and hence does not become their employer, the former employer shall be liable for the compensation provided herein, and the purchaser shall retain the corresponding amount from the selling price stipulated with respect to the business. In case he discharges them without good cause after the transfer, the new owner shall be liable for any benefit which may accrue under §§ 185a—185m of this title to the employee laid off, there being established also a lien on the business sold, to answer for the amount of the claim.
History —May 30, 1976, No. 80, p. 251, § 6.
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) › § 185g - Indemnity for discharge without just cause—Allowance for compensation and indemnity

The allowance for compensation and progressive indemnity for discharge without good cause provided in § 185a of this title, shall be computed on the basis of the highest number of regular working hours of the employee during any period of thirty (30) consecutive calendar days within the year immediately preceding the discharge. In the cases of discharges based on the reasons set forth in subsections (d), (e), and (f) of § 185b of this title, any sum of money received by workers product of the liquidation due to the closing of business or enterprise programs, shall be considered as special compensation in order to share its profit with its employees. These sums shall in no way affect the calculation or the right to claim compensation and progressive indemnity provided in § 185a of this title.
History —May 30, 1976, No. 80, p. 251, § 7; Aug. 15, 2008, No. 278, § 1.
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) › § 185h - Indemnity for discharge without just cause—Probatory work contract, prerequisites

So that every probatory work contract may be valid so as to exempt an employer from complying with the provisions of §§ 185a—185m of this title, said contract shall be executed in writing stating the date on which said probatory period commences and ends, which in no case shall exceed three (3) months, unless a written permit is issued by the Secretary of Labor and Human Resources. The latter may authorize the extension of the probatory period for up to a maximum of six (6) months when in his/her judgment the nature of the work may so require. The basic probatory work contract must be executed before the employee begins to work for the employer. Every probatory work contract agreed upon after the employee starts to render services shall be null and void. When the employees are members of a labor union, the stipulation on the extension of the probatory period of up to six (6) months may be put into effect through a collective bargaining agreement or a written agreement between the union and the employer, without need of the consent or approval of the Secretary of Labor and Human Resources. Failure to comply with the above conditions regarding the probatory work contract shall render it null and void.
Should the employee continue to work for the employer after the term established in the probatory work contract, or the authorized extension thereof, said employee shall acquire all the rights of an employee just as if he/she had been contracted without a definite term.
Every temporary employee contracted to continue working for the same employer shall be credited with the time worked as a temporary employee for up to a maximum of half the time required as probatory period for the position, provided the position to be held by the employee entails the performance of the same tasks and duties of the position held by the employee as temporary employee.
For the purposes of the provisions of this section, “month” shall be construed to mean a period of thirty (30) consecutive calendar days.
History —May 30, 1976, No. 80, p. 251, added as § 8 on May 21, 1982, No. 16, p. 31, § 1; Dec. 23, 1998, No. 306, § 1.
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) › § 185i - Indemnity for discharge without just cause—Right to compensation unwaiveable; nullities

The right of an employee who is discharged from his employment without just cause, to receive the compensation provided in § 185a of this title, is hereby declared to be unwaiveable.
Any contract or part thereof in which the employee waives the compensation to which he is entitled to, pursuant to §§ 185a—185m of this title, shall be null and void.
History —May 30, 1976, No. 80, p. 251, added as § 9 on May 21, 1982, No. 16, p. 31, § 1.
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) › § 185j - Indemnity for discharge without just cause—Deductions on indemnity, prohibited

No payroll deduction whatsoever shall be made on the indemnity provided in § 185a of this title, and the employer must hand the total amount thereof, completely, to the employee. The compensation paid to a worker product of the liquidation or closing of business or enterprise programs in order to share profit with its employees when the discharge is based on the reasons set forth in subsections (d), (e), and (f) of § 185b of this title, shall be exempted from the payment of income tax, but may include those other deductions agreed on by employer and the employee.
—May 30, 1976, No. 80, p. 251, added as § 10 on May 21, 1982, No. 16, p. 31, § 1; Aug. 15, 2008, No. 278, § 2.
History
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) › § 185l - Indemnity for discharge without just cause—Prescription of rights

The rights granted hereunder shall prescribe after the lapse of three (3) years from the effective date of the discharge.
History —May 30, 1976, No. 80, p. 251, § 9, renumbered as § 12 on May 21, 1982, No. 16, p. 31, § 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) › § 185m - Indemnity for discharge without just cause—Regulations

The Secretary of Labor and Human Resources is hereby empowered to adopt and promulgate the regulations needed to administer the provisions of §§ 185a—185m of this title.
History —May 30, 1976, No. 80, p. 251, added as § 13 on July 3, 1986, No. 67, p. 228, § 1.
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) › § 186 - Mechanic’s lien—Preference

Whenever a worker or employee works on the construction, extension, maintenance or repair of any improvement, house or building, the total amount of the wages earned by him shall constitute a lien on said property, both when the work is done under the immediate direction of the owner and when contractors, subcontractors, jobbers, or builders intervene.
With the exceptions provided by law, the said lien shall have preference as to payment over all other debts of the property owner.
History —May 4, 1931, No. 73, p. 458, § 1, eff. 90 days after May 4, 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) › § 187 - Mechanic’s lien—Execution of lien

Every worker or employee who fails to receive any sum as compensation for work done under the conditions specified in the preceding section, may execute the said lien in accordance with the proceedings established by Act No. 10, 1917, as amended by Act No. 12 of 1923; Provided, That before filing the judicial complaint, the workman or employee shall request payment from the owner or grantee of said property, or from his agent or representative, through the Department of Labor and Human Resources, or upon a written notice from the said worker or employee.
History —May 4, 1931, No. 73, p. 458, § 2, eff. 90 days after May 31, 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) › § 188 - Mechanic’s lien—Complaint, form; parties

The facts upon which the claim is based shall be stated under oath in the complaint, and a description of the property encumbered by the lien shall be given therein; Provided, That the claims of all such workers and employees as have failed to receive their wages, or any part thereof, may be joined in one action; and Provided, further, That the filing of a complaint by one or more workmen or employees shall not bar the filing of other actions by other workmen or employees.
History —May 4, 1931, No. 73, p. 458, § 3, eff. 90 days after May 4, 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) › § 189 - Mechanic’s lien—Time for claiming

No action or claim may be established against the owner or grantee of any work one year after the work for which payment is claimed has been finished.
History —May 4, 1931, No. 73, p. 458, § 4; Feb. 28, 1942, No. 2, p. 282, § 1, eff. 90 days after Feb. 28, 1942.
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) › § 190 - Mechanic’s lien—Costs of action

If judgment in an action brought for the enforcement of the provisions of §§ 186—191 of this title is rendered against the owner or grantee of any work, costs may be taxed on him, attorney’s fees included.
History —May 4, 1931, No. 73, p. 458, § 5, eff. 90 days after May 4, 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) › § 191 - Mechanic’s lien—Judgment and execution

A judgment upholding the claim shall state that the lien is legally constituted and shall direct payment within the five (5) days following the date on which said judgment becomes final; Provided, That upon the expiration of said period, it may be made effective on the encumbered property through an order of execution which shall be issued by the secretary upon request of the complainant, and shall be served by the marshal within a period not exceeding twenty (20) days from the date on which the said order of execution is delivered to him.
History —May 4, 1931, No. 73, p. 458, § 6, eff. 90 days after May 4, 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) › § 193 - Employees summoned as witnesses in criminal cases—Deduction from salary or leave prohibited

Every employer is hereby prohibited from deducting from the salary or from vacation or sick leave of their employees, the days and hours that an employee, duly summoned by the prosecutor or a court, must use when appearing as a witness in a criminal case. This prohibition shall likewise apply to summons as witnesses in procedures involving minors in which the attributed offense would constitute a crime if the child were an adult.
History —July 12, 1986, No. 122, p. 394, § 1; Aug. 5, 2004, No. 199, § 1.
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) › § 193a - Employees summoned as witnesses in criminal cases—Certificate from the court

Once the appearance of the witness has concluded, the Prosecuting Attorney for Minors or the Clerk of the Court shall issue a certificate to him/her in which the time he/she had to devote to his/her appearance in days and hours is clearly stated. In cases under §§ 2201 et seq. of Title 34, the name of the accused minor or minors shall never be revealed, stating only their initials and the time that the witness was engaged in the appearance, in the same way as in the cases of adults.
History —July 12, 1986, No. 122, p. 394, § 2; Aug. 5, 2004, No. 199, § 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) › § 193b - Employees summoned as witnesses in criminal cases—Notice to employer

To be entitled to the protection granted by §§ 193—193c of this title, the employee shall notify his employer within a reasonable time of his need to be absent from work to attend to a summons and, once he returns to work, he shall deliver the certificate established in § 193a of this title to his employer.
The employee shall notify his employer at least two (2) working days in advance of the day on which he shall be absent from his job. Notwithstanding the above, notice to the employer may be made within a shorter term if the employee is unable to comply with his obligation due to a delay in receiving the summons.
History —July 12, 1986, No. 122, p. 394, § 3.
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) › § 193c - Employees summoned as witnesses in criminal cases—Illegal deduction; penalties

Every employee who having complied with the requirements of §§ 193—193c of this title has any amount whatsoever illegally deducted from his salary or from his vacation or sick leave shall have the right to collect, through civil action filed by him or by the Secretary of Labor and Human Resources in his name, the difference due plus an amount equal to the unpaid amount, as additional compensation in addition to court costs, expenses, interest and fees for the lawyers in the procedure, the latter at a reasonable sum that shall never be less than fifty dollars ($50).
History —July 12, 1986, No. 122, p. 394, § 4.
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) › § 194 - Discrimination at place of employment for sharing testimony; cause for action—Definitions

(a) Employee.— Means any person who provides services in exchange for salaries, or any type of remuneration, through an oral, written, explicit or implicit contract.
(b) Employer.— Means any person who has one or more employees. That includes the employer’s agents.
(c) Person.— Means individual, society, corporation, association, as well as any other juridical entity.
—Dec. 20, 1991, No. 115, § 1.
History
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) › § 194a - Discrimination at place of employment for sharing testimony; cause for action—Prohibition; violation; civil liability

(a) No employer may discharge, threaten, or discriminate against an employee regarding the terms, conditions, compensation, location, benefits or privileges of the employment should the employee offer or attempt to offer, verbally or in writing, any testimony, expression or information before a legislative, administrative or judicial forum in Puerto Rico, when such expressions are not of a defamatory character nor constitute disclosure of privileged information established by law.
(b) Any person claiming a violation of §§ 194 et seq. of this title may prosecute a civil action against the employer within three (3) years from the date in which the violation took place and request compensation for unearned salaries, benefits and attorney’s fees for the real damages suffered, for mental anguish, and reinstatement in his/her job. The employer’s liability regarding the damages and the unearned salaries shall be double the amount determined as having caused the violation of the provisions of §§ 194 et seq. of this title.
(c) The employee shall show proof of the violation through direct or circumstantial evidence. The employee shall furthermore establish a prima facie case of violation of the act by proving that he/she participated in an activity protected by §§ 194 et seq. of this title and that he/she was subsequently discharged, threatened or discriminated against regarding his/her employment. Once the aforesaid has been established, the employer shall claim and provide a non-discriminatory legitimate reason for the discharge. Should the employer claim and provide such a reason, the employee should demonstrate that the alleged reason provided by the employer was a mere pretext for the discharge.
—Dec. 20, 1991, No. 115, § 2.
History
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) › § 194b - Discrimination at place of employment for sharing testimony; cause for action—Violation; criminal liability

Any employer who violates any of the provisions of §§ 194 et seq. shall incur a felony and where he/she to be convicted, he/she shall be sanctioned with a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) and/or incarceration for a fixed term of three years. Should aggravating circumstances exist, the established fixed penalty may be increased to a maximum of five (5) years; should extenuating circumstances exist, it could be reduced to a minimum of two (2) years.
History —Dec. 20, 1991, No. 115, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 195 - Payment bond

Any contractor in charge of the construction, reconstruction, extension, modification or repair of a work, building or structure whose estimated cost as specified in the construction permit issued by the Permit Office of the Planning Board is greater than fifteen thousand dollars ($15,000) shall post a payment bond in favor of the Secretary of Labor and Human Resources, which shall be binding and effective on and after the date the work is started.
History —June 22, 1961, No. 111, p. 223, § 1, eff. 90 days after June 22, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 196 - Forms of bond

The above-mentioned bond shall be posted by the contractor in cash, certified check or with the security of a bonding company licensed to do business in Puerto Rico, and said payment bond shall answer jointly and severally with the contractor, up to the limit of the bond liability, for the payment to the contractor’s laborers and employees of the wages earned by them in the work. The amount of this payment bond shall not be less than twenty percent (20%) of the estimated cost of the work under construction.
History —June 22, 1961, No. 111, p. 223, § 2; Apr. 25, 1986, No. 15, p. 33, § 1, eff. 30 days after Apr. 25, 1986.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 197 - Payment of wages

(a) It shall be the duty of the contractor to pay weekly and in cash all the wages of the laborers employed in the work under construction.
(b) The salaries earned by the workers employed in the work shall enjoy absolute preference, as to payment, over all other debts of the contractor, with the exception of mortgage credits on certain real or personal property or property rights of the debtor, recorded in the registry of property prior to the date on which the salary has been earned, and with the exception of any taxes which the contractor may owe to the Commonwealth or its municipalities.
(c) Any person who has been employed in any work, building or construction as to which the bond required by this chapter has been posted and to whom his salary has not been paid in whole or in part, as required by this chapter, in the form and terms established by law, shall be entitled to bring judicial action, without previous notice or demand, against the contractor, the bond of the contractor, the sureties of the contractor, or against any of them, to recover the sum due him for such reason. Any person having a direct contractual relation with a subcontractor, regardless of whether or not he has any express or implicit contractual relation with the contractor of the work, shall have a chose in action against the contractor, the bond of the contractor, the sureties of the contractor, or against any of them, to recover in full or in part any sum due him by the subcontractor of the work for salaries earned as employee of the subcontractor of the work. The workers or employees of the subcontractor may bring said action against the contractor at any time without notice or previous demand of their claim to the subcontractor.
(d) Any judicial action brought under this chapter may be prosecuted in accordance with the provisions of Act No. 10, approved Nov. 14, 1917, as amended, and there may be a joinder in one sole complaint of all claims for wages in connection with the same work.
History —June 22, 1961, No. 111, p. 223, §§ 3—6, eff. 90 days after June 22, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 198 - Defect in bond

No technical defect in the bond, including, but without limitation, that it has not been attached to the contract, shall have the effect of altering the liability established by this chapter.
History —June 22, 1961, No. 111, p. 223, § 7, eff. 90 days after June 22, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 199 - Pleading

It shall not be necessary in any judicial action brought under this chapter to accompany the complaint with a copy of the contract or subcontract for the work, it being sufficient for its identification to make in the complaint reference to the contract or subcontract.
History —June 22, 1961, No. 111, p. 223, § 8, eff. 90 days after June 22, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 200 - Duration of chose in action and bond

The chose in action authorized by this chapter against the bond and the sureties of the contractor shall be understood as lapsed one year after the work and all labor thereon have been completed. Upon expiration of said term the bond may be cancelled, unless there is pending any judicial action under this chapter. In such case, the bond shall not be cancelled until final and conclusive judgment has been passed with respect to such pending claim or claims and the same have been settled to the limit of the liability of the bond and of the sureties.
History —June 22, 1961, No. 111, p. 223, § 9, eff. 90 days after June 22, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 201 - Filing of action

All actions under this chapter shall be brought in the name of the person or persons in interest, but the Secretary of Labor and Human Resources may also demand, motu proprio or at the instance of one or more workers with interest in the matter, and in representation and for the benefit of one or more of such workers who are in similar circumstances, payment of any sum due them for wages. Said action may be brought in the Part of the Court of First Instance or District Court corresponding to the place where the work is being carried out or where the worker or employee lives on the date of the claim. All workers are entitled to collect in the civil action that may be instituted, in addition to the unpaid amounts, another equal sum as additional compensation, plus costs, expenses and attorney’s fees, and the bond shall answer for the payment of the judgment that may be passed, up to the amount of the bond.
History —June 22, 1961, No. 111, p. 223, § 10, eff. 90 days after June 22, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 202 - Subcontracts

When the contractor of a work under construction subcontracts any part or labor to be performed therein, he shall file with the Secretary of Labor and Human Resources a copy of the subcontract executed with the subcontractor not later than ten (10) days after its execution. The contractor shall have this same duty if the subcontractor, in his turn, contracts with a second subcontractor for any part or labor of the work under construction.
History —June 22, 1961, No. 111, p. 223, § 11, eff. 90 days after June 22, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 203 - Definitions

The following phrases and words as used in this chapter shall have the meanings expressed below:
Contractor.— Includes any person or persons in charge, through an express or tacit contract, of the construction, reconstruction, modification, extension, repair or improvement of buildings, works or structures. The term “building, work, or construction” includes, but without limitation, houses, establishments and factories, roads, streets, bridges, viaducts, railroads and all sorts of communication ways, sewers, aqueducts and location of pile lines, canals, excavations, drillings, tunnels and dikes, construction and operation of ports and waterways, of airports and landing fields, of transmission lines and land-reducing works, drainage, dewatering and protection against floods. It shall also include the assembling or installation at the site of the work under construction of any machinery or apparatus; and, likewise, the dismantling, demolishing, or wrecking of said works, structures or buildings and the removal of apparatus or machinery installed therein.
Subcontractor.— Includes any person or persons who, as independent contractor, constructs any part of the building, work, or structure in charge of the contractor.
History —June 22, 1961, No. 111, p. 223, § 12, eff. 90 days after June 22, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 204 - Injunctions

If a contractor or subcontractor starts labor in a construction work with laborers without the contractor’s having first posted the bond required by this chapter to insure to said laborers the payment of their wages, or without his having complied with any of the other requirements established in this chapter, the Secretary of Labor and Human Resources may, through an injunction issued by a competent court, stop the labor being carried out in the work, building, or construction, until the contractor or subcontractor shall fully comply with the provisions of this chapter.
History —June 22, 1961, No. 111, p. 223, § 13a, eff. 90 days after June 22, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 205 - Posting of public notice

In every construction project where the contractor or subcontractor performs activities through contracts or subcontracts with any natural or [juridical] person, it shall be the duty of said contractor or subcontractor to post a public notice at the payment sites accepted by the Secretary of Labor and Human Resources for the duration of said contract or subcontract stating the name of the contractor or subcontractor, the nature of the work performed and the name of the bonding company that secures the bond. Any labor union that represents the workers or employees of a contractor or subcontractor shall be entitled to request and obtain from the latter a copy of the payment bond contract which has been posted in accordance with the requirements of this chapter.
History —June 22, 1961, No. 111, p. 223, § 13b; Apr. 25, 1986, No. 15, p. 33, § 2, eff. 30 days after Apr. 25, 1986.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 206 - Penalties

Any contractor who starts a work, building or construction without having posted the bond required by this chapter in behalf of the Secretary of Labor and Human Resources shall be guilty of a felony and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment in jail for a term of not less than one month nor more than one year, or both penalties in the discretion of the court.
History —June 22, 1961, No. 111, p. 223, § 14; Apr. 25, 1986, No. 15, p. 33, § 3, eff. 30 days after Apr. 25, 1986.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 11 - Minimum Wages (§§ 211-241 — 247) › § 247 - Vested rights

Neither the minimum wage nor the vacation or sick leave accrual rate of any employee shall be reduced as of the effective date of this act, is entitled by virtue of a mandatory decree, to a minimum wage or an accrual rate of either leave, greater than what is provided in Act June 26, 1956, No. 96. Nor shall said employee be required to work a number of hours per month for leave accrual purposes, greater than what is provided in the mandatory decree, as of the effective date of this act. However, all other aspects of a mandatory decree, than those previously stated, shall be governed by the provisions of Act June 26, No. 96.
The sick leave accrued under a mandatory decree and not used that, as of the date of effectiveness of this act, exceeds fifteen (15) days, may be liquidated with the previous agreement between employer and employee, in which case the employee may opt to have the employer transfer said liquidation, or part thereof, to the Department of the Treasury to satisfy totally or partially any income tax debt the employee has at the time of exercising said option.
Any employee who works in an industry which on the effective date of this act is covered by a mandatory decree which provides for the periodic liquidation of sick leave accrued in excess of certain levels provided therein, shall retain his right to said liquidation under the previously-existing terms, provided the employee agrees to said liquidation.
Any employee who at present or in the future works in an industry for which a mandatory decree provides a minimum wage greater than the federal minimum wage in effect on the effective date of this act, shall be guaranteed the minimum wage which most benefits the employee.
History —July 20, 1995, No. 84, § 20; Aug. 30, 2000, No. 237, § 7.