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Employers shall comply with the child support garnishment orders in child support cases.
Said orders shall be effective at the time of their notification and shall continue in effect as long as the duty to provide support exists, or until said order is rendered ineffective, suspended, modified or revoked by the court or ASUME.
EMPLOYMENT CONTRACTThe employment contract is governed by state and federal labor statutes, as well as the Puerto Rico Civil Code. In the case of employees hired through temporary employment agencies, Act No. It is noteworthy that on June 30, 2016, the President of the United States signed into law the Puerto Rico Oversight, Management, and Economic Stability Act, or PROMESA. A flexible work schedule will be valid only under the following conditions: (1) the agreement must be voluntary; (2) the employee may start the workday up to three hours earlier or later than his or her regular starting time without incurring daily overtime, as long as no work is performed during a rest period of at least 12 consecutive hours between the end of one shift and the beginning of the next and the employee does not work more than eight hours during the workday; and (3) the employee's shift must be worked consecutively, to be interrupted only by the regular meal period. A reduced meal period cannot be for less than 30 minutes, except in the cases of nurses, security guards and croupiers, where it may be reduced to 20 minutes.
(See the "TERMINATION OF EMPLOYMENT" section below.) In Puerto Rico, employee handbooks describing the rights and responsibilities of employees are construed to be part of the employment contract between the employer and the employee. PROBATIONARY PERIODThe probationary employment contract is regulated by Article 8 of Act No. When employees are members of a labor union, the extension may be executed through a collective bargaining agreement or a written contract between the union and the employer, without the consent of the Secretary of Labor and Human Resources. Nevertheless, a valid contract: (1) must be executed in writing; (2) must be signed by the employee during his or her first shift or, in the case of employees hired through temporary employment agencies, within 10 days of beginning the assignment; and (3) must set forth the purpose of the employee's hire. Employers not covered by the FLSA are required to pay an overtime rate of two times the regular rate for any hours worked by an employee in excess of eight during the workday. An employee should never be required to work more than five consecutive hours without pausing for a meal period.
The employer must also procure an account statement certificate from ASUME and withhold from the employee's liquidation any outstanding amounts for child support or repayment plan in excess of a month. The RENE contains current information about new employees who are employed or re-employed in a public or private establishment.
STATE REGISTER OF NEW EMPLOYEESIn 1996, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) was enacted to require the states that receive federal funds to administer their child support programs to adopt and amend their local statutes to conform the same to the Uniform Interstate Family Support Act. Its purpose is to assist ASUME in locating people who have abandoned their children or who do not comply with their child support duties.
The commercial establishments that have not been excluded by the Act are required to close to the public on the following days: Also, these commercial establishments are required to close to the general public on Sundays from a.m. The Act also requires that certain establishments pay non-exempt employees that work on Sunday a minimum compensation of .50 for every hour worked. This date, however, can be modified by written agreement between employer and employee, in compliance with the applicable regulation.
Likewise, the Act's dispositions will not apply in those instances when employees receive an annual bonus by virtue of a collective agreement.
Below is a summary of the most important subjects in this field. When a termination date is not stipulated in the employment contract, it will be considered that the contract is for an indefinite term and the employee will be protected by Act No. This could happen when an employee classified as temporary is engaged in the same duties as regular employees; when a temporary employment contract is renewed automatically for prolonged periods of time; or when, at the end of the temporary assignment, the individual is replaced by another temporary employee to continue doing the same work. The Puerto Rico Supreme Court has stated that because the employer-employee relationship and the principal-independent contractor relationship share common traits, there does not exist, generally, an unequivocal distinction between the two. The beginning of the workweek, once established, may be changed only if the change is intended to be permanent or for an indefinite duration. An employee who rejects a flexible work schedule will continue to be subject to the daily overtime norms. 83, an employer can allow an employee to adjust starting and quitting times for reasons of personal convenience without incurring the obligation to pay the overtime premium that would otherwise accrue when the employee advances the start of the workday from one day to the next or delays the start of the meal period, as explained in the preceding section. A reduction of the time of the meal period must be for the mutual benefit of the employer and the employee, and said reduction must be stipulated in writing.Puerto Rico enacted the Uniform Interstate Family Support Act (LIUA, by its acronym in Spanish), Act No. Employers that employ or re-employ a person on a full-time, part-time or temporary basis shall furnish the following information to ASUME: the name, address and Social Security number of the employee; and the name, address and federal employer identification number or, if a federal employer identification number is not required, the employer identification number of the Government of Puerto Rico. 29, §§431 , establishes the requirements and obligations that employers have to follow to employ minors.Employers must provide this information for every person they employ, regardless of whether the employee has child support obligations. The law specifies various occupations in which a minor may not be employed.The total of the amounts to be paid by reason of said bonus should not exceed 15% of the net annual profit of the employer for the period from October 1 of the preceding year to September 30 of the current year. 29, §§171 , establishes the requirements for the payment of wages to non-exempt employees.Should the total exceed that percentage, the employer may submit a request for an exemption to the Secretary of Labor and Human Resources. 201 (FLSA) currently establishes a minimum wage for non-exempt employees of .25 per hour. The payment of wages may be executed on a weekly basis, on a biweekly basis or every 15 days.
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It provides that courts should enforce the literal sense of a written contract unless the words are contrary to the intent of the parties. 6019 of September 23, 1999, provides, among other things, the requirements with which the employer must comply to request the extension. There is no statutory limit as to the maximum duration of a contract for a fixed term. Any work performed in excess of these limits will be considered overtime work and must be compensated accordingly. However, this higher daily overtime rate is available only to those employees who were working for an employer before August 1, 1995, in an industry covered by a mandatory decree that provided a higher overtime rate for hours worked in excess of eight during the workday and who have remained employed uninterruptedly with that employer. 29, §283, requires an employer to grant all non-exempt employees a meal period commencing not before the end of the third hour of work and not later than before the beginning of the sixth hour of work.