The decision ratified the ruling of a lower court, the Labor Appeal Court in San Pedro de Macoris, noting that the appeal brought by plaintiffs was rejected because the argument was lacking in legal basis.
In making its ruling, the Supreme Court upheld the arguments contained in the Labor Court ruling that dismissed the case for lack of legal basis, distortion of the facts and violation of the basic principles of the country’s Labor Code. The Labor Code states that “the work is not that which is described in writing, but that which is in fact carried out.”
The ruling also stated that “any agreement to the contrary entered into by the parties with the object of simulating something other than the facts, constitutes fraud to the labor code, whether through the appearance of non-labor contractual norms, imposition of people or any other means.”
Source: Dominican Today
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