Requirement for Foreign Employees to Work
Provided that at least 80% of a company’s workforce must be Dominican, the Labour Code allows for the employment of foreigners in the Dominican Republic. Apart from this limitation, foreign employers and employees receive the same treatment as Dominicans since their immigration status cannot be grounds for discrimination. However, under Dominican immigration law, employers who hire illegal immigrants can be penalised.
The employer could also not fulfill its obligation to contribute to the Dominican Social Security System on behalf of employees with immigration difficulties, since the system requires the correct identification of workers through a legally obtained identity card.
The requirements to request a temporary residence permit for the purpose of employment (with a formal contract) are established in article 48 of Regulation 631-11 for the application of Law 285-04,3, which are:
- Undergo a medical examination authorised by the General Directorate of Migration, in which the interested party must present the following documentation:
- two copies of the passport duly issued by the competent authority; and
- a copy of the Temporary Resident Visa granted by the Dominican Consulate in the country of origin of the person requesting it.
- Two copies of the passport photo.
- Two copies of the Resident or Work Visa (NM1) granted by the Ministry of Foreign Affairs through the Dominican Consulate in the country of origin or residence and a copy of the entry through the immigration control post.
- Temporary residence application form, duly completed by the foreigner, whose signature and fingerprints will be taken in the presence of an immigration officer.
- Birth certificate duly apostilled or legalised and translated into Spanish if it is in another language.