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Puerto Rico is not an 'employment at will' jurisdiction. Thus, an indefinite-term employee discharged without just cause is entitled to receive a statutory discharge indemnity (or severance payment) based on the length of service and a statutory formula.
Furthermore, there are various types of leave of absence and protections against discrimination provided by statutory laws. It is important to note that as an unincorporated territory of the United States, federal labor and employment laws also apply in Puerto Rico.
Puerto Rico's Fixed Term Contract Act 80 defines the ?temporary employment contract? and the ?term employment contract.? If valid, these contracts for fixed periods form an exception to the ?just cause? requirement of the Unjust Dismissal Act. Though a written contract is not required it remains advisable.
? PUBLIC LAW 87 AUTHORIZATION TO RECRUIT AND TRANSPORT ? It is unlawful for any person, any organization, or the agent of a person or organization, to recruit or transport laborers for employment outside Puerto Rico without authorization by the labor secretary.
Because Puerto Ricans are U.S. citizens, they have an advantage in competitive labor markets over foreign workers who require a visa in order to be employed in the U.S.A. U.S. companies need skilled tradespeople as well as entry-level workers who receive training on the job.
Act 80 (the Unjust Dismissal Act) regulates employment termination of employees hired for an indefinite term. Puerto Rico is not an 'employment at will' jurisdiction.
Sections Execute an Employment Agreement for Every Executive. Specify Compensation Terms and Conditions Clearly. State Termination and Severance Conditions. Protect Your Intellectual Property. Focus on Writing With Clarity and Simplicity.
P.R. Laws requires that employers have "just cause" to terminate the employment of an employee hired for an indefinite period of time. If it is determined that there is no just cause, the discharged employee is entitled to an indemnification known as the mesada.
Written employment contracts are not required. However, many employers use them when hiring for a high-level or professional position. Most written employment contracts will describe the scope and duties of the job in addition to the salary and any other compensation or benefits.