In Puerto Rico, the employment law landscape significantly deviates from the "at-will" employment model prevalent in many U.S. states. Employers are required to adhere to strict regulations and must have "just cause" to terminate an employee's contract.

Lawful Grounds for Dismissal

Puerto Rico Law 80 of May 30, 1976 (as amended), outlines the acceptable grounds for terminating an employee hired for an indefinite period. These include:

• Employee Conduct:

  • Repeated violations of company rules and regulations
  • Inefficiency or negligence in work performance
  • Habitual absenteeism or tardiness
  • Offensive or disorderly conduct
  • Insubordination

• Economic/Operational Reasons:

  • Technological or market changes affecting the business
  • Full or partial closure of operations leading to a reduction in the workforce

Notice Requirements

While Puerto Rico law doesn't always mandate advance notice of termination, it's generally considered best practice. Here are some scenarios where notice might be expected:

• Technological Changes: Employers may provide notice if terminating due to technological reasons.
• Reduction in Workforce: Advance notice might be advisable when dismissing employees due to economic circumstances.

Severance Pay (Mesada)

Employees terminated without just cause are generally entitled to severance pay, known as "mesada." The calculation is based on the employee's length of service and salary according to the following formula:

• 2 months' salary minimum
• Additional 2 weeks' salary for each year of service

The maximum severance pay is capped at 9 months' salary.

Important Considerations

• Probationary Employees: The protections above generally do not apply to probationary employees, who may be terminated with less restriction.
• Legal Consultation: It's highly advisable to consult an experienced labor law attorney for specific guidance on termination procedures in Puerto Rico.

Puerto Rico has a comprehensive set of anti-discrimination laws that protect individuals in the workplace. These laws cover a range of protected characteristics and provide several mechanisms for redress in case of discrimination.

Protected Characteristics

Several key laws in Puerto Rico prohibit discrimination based on the following protected characteristics:

• Law 100 of June 30, 1959 (as amended): This law prohibits discrimination on the basis of race, color, origin, age, sex, social or political beliefs, and marital status.
• Law 135 of August 8, 1988: This law protects individuals with disabilities from discrimination.
• Law 22 of April 22, 1988: This law bans discrimination on the basis of pregnancy.
• Law 69 of July 2002: This law forbids discrimination based on sexual orientation and gender identity.
• Law 42 of 2017: This law includes victims (or perceived victims) of domestic violence, sexual assault, or stalking as a protected class.
• Other Laws: There are additional laws that may address discrimination in areas like housing and public accommodations.

Redress Mechanisms

Employees who experience discrimination have several avenues for recourse:

• Internal Complaints: Employees can file complaints through their employer's internal grievance procedures.
• Puerto Rico Anti-Discrimination Unit: This government agency investigates and enforces anti-discrimination laws.
• Lawsuits: Employees may file a civil lawsuit against the employer to seek legal action and potential remedies.

Employer Responsibilities

Employers in Puerto Rico have a responsibility to:

• Maintain Non-Discriminatory Workplaces: They should establish and enforce robust policies prohibiting discrimination and harassment based on protected characteristics.
• Train Employees: They should conduct regular training on anti-discrimination laws, recognizing discrimination, and preventing discriminatory behavior in the workplace.
• Investigate Complaints: They should promptly and thoroughly investigate any allegations of discrimination and take appropriate corrective action if misconduct is found.
• Prevent Retaliation: They should protect employees who report discrimination from retaliation by the employer.

Staying Informed

The anti-discrimination landscape in Puerto Rico is subject to change. Employers should remain updated on any new laws or amendments. They can do this by regularly checking the Puerto Rico Department of Labor and Human Resources website or consulting with a knowledgeable employment law attorney.

Puerto Rico adheres to federal U.S. labor standards with some local variations. These regulations govern work hours, rest periods, and ergonomic requirements.

Work Hours

The U.S. Department of Labor's Fair Labor Standards Act (FLSA) applies to most workplaces in Puerto Rico. The FLSA mandates the following regarding work hours:

• Standard Workweek: A standard workweek is defined as 40 hours within seven consecutive days.
• Overtime Pay: Employees working beyond 40 hours in a week qualify for overtime pay at a rate of one and a half times their regular hourly wage.

Rest Periods

Puerto Rico's Law No. 379 of 15 May 1948 (as amended by Law No. 4 of 26 January 2017) governs meal and rest breaks for non-exempt employees:

• Meal Breaks: Employees must be allowed a fixed meal break of at least one hour after six hours of work. Shorter breaks may be permitted upon written agreement.

Ergonomic Requirements

The Occupational Safety and Health Act (OSHA) standards apply in Puerto Rico, ensuring safe working environments. While OSHA doesn't have specific ergonomic regulations, employers should take steps to prevent musculoskeletal disorders (MSDs) through:

• Workstation Design: Providing ergonomically designed furniture and equipment to promote proper posture.
• Job Rotation: Implementing job rotation programs to reduce repetitive tasks.
• Training: Educating employees on proper lifting techniques and maintaining good posture.

Additional Considerations

• Alternate Work Schedules: Employers and employees can agree to alternate workweek schedules, but these must be voluntary and adhere to specific requirements regarding overtime pay.
• Local Variations: Some industries might have specific regulations or collective bargaining agreements that influence working conditions. Consulting the Puerto Rico Department of Labor is advisable for industry-specific details.

Puerto Rico adheres to a robust set of health and safety regulations designed to protect employees in all industries. This guide explores the key aspects of these regulations, outlining employer obligations, employee rights, and the enforcement agencies responsible for ensuring compliance.

Employer Obligations

Employers in Puerto Rico have a fundamental responsibility to provide a safe and healthy work environment for their employees. The Puerto Rico Occupational Safety and Health Act (PR OSHA Act), modeled after the Federal OSHA Act, establishes these obligations. Here are some key employer requirements:

• Maintaining a Safe Workplace: Employers must identify and address potential workplace hazards, implementing control measures to minimize risks.
• Recordkeeping: Employers with at least eleven employees are required to maintain records of all work-related injuries and illnesses.
• Training and Education: Employers must provide appropriate safety and health training to their employees based on the specific job hazards.
• Posting Requirements: Employers must display the mandatory PR OSHA poster in a visible location within the workplace.

These are just some of the essential employer obligations. PR OSHA enforces a comprehensive set of standards that vary depending on the industry and specific hazards involved.

Employee Rights

Employees in Puerto Rico possess fundamental rights under the PR OSHA Act:

• Right to a Safe Workplace: Employees have the right to work in a safe environment free from recognized hazards.
• Right to Training: Employees have the right to receive safety and health training to perform their jobs safely.
• Right to File Complaints: Employees can file confidential complaints with PR OSHA if they believe their workplace is unsafe or unhealthy.
• Right to Participate in Inspections: Employee representatives have the right to participate in PR OSHA workplace inspections.

Understanding these rights empowers employees to actively participate in maintaining a safe work environment.

Enforcement Agencies

The Puerto Rico Occupational Safety and Health Administration (PR OSHA) is the primary agency responsible for enforcing workplace health and safety regulations in Puerto Rico. PR OSHA operates under the Puerto Rico Department of Labor and Human Resources. Their activities include:

• Conducting workplace inspections
• Investigating work-related accidents and illnesses
• Issuing citations and penalties for violations
• Providing training and educational resources to employers and employees

For federal agencies, maritime employers, and specific entities, the Federal OSHA office maintains jurisdiction.