In its judgment (number 033-2021-SSEN-00675) of 28 July 2021, the Third Chamber of the Supreme Court of Justice established that employers are responsible in the case of workers who do not have a regular migratory status and cannot affiliate to the Dominican Social Security System (SDSS).
This decision clarifies that the employer is responsible if an employee does not have the legal documents that make it possible to contribute to the SDSS. The reason is that the lack of legal documentation was known to the employer when hiring the employee.
Key Action Points for Human Resources and In-house Counsel
Companies should not hire employees with irregular immigration statuses. This is because, even if it is not the company’s fault that it cannot register them in the SDSS, if the employee resigns, such resignation is valid because the company was aware of the employee’s irregular immigration status.