Jiménez, Graffam & Lausell

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In the last months of her term, Governor Calderón approved several laws that have some impact in the employment sector. In order to keep you informed, we summarized some of the most significant laws. Law No. 384 of September 17, 2002 creates the Office of Mediation and Adjudication of the Department of Labor (“OMA”). Under this Law, this alternate specialized forum is created to mediate and promptly resolve labor relations conflicts. Law No. 384 establishes adjudicative procedures to hold and resolve some of the complaints that arise under the protective labor legislation, such as dismissals, retaliation, salaries, vacation leave, sick leave, Christmas bonus and other benefits, and terms and work conditions. The Procedure is fairly simple and fast. Once the OMA receives a complaint from the Bureau of Labor Standards, the OMA sends a notice to the parties with summons for a hearing or conciliation session, which is to be held twenty (20) days after the receipt of the complaint. The parties are advised of their right to have legal representation. If no agreement is reached in this hearing, the proceedings will be considered as having ended, and the adjudication procedure will then continue before an Examining Magistrate or Administrative Judge. The OMA will have concurrent jurisdiction with the Court of First Instance if the claimant so chooses, and it will dictate its resolutions or decisions adjudicating the controversies. The OMA will have jurisdiction to award the claimant lost earnings as well as the penalties established by law. However, once the hearing is held and the controversy is submitted for resolution, the Examining Magistrate or the Administrative Judge has sixty (60) days to issue a decision. The loosing party can request judicial review to the Puerto Rico Court of Appeals. Other matters addressed by Law No. 384 are, for example, that if the applicable law used to adjudicate the controversy does not specify anything about the payment of attorneys’ fees, Law No. 384 provides the procedure that needs to be followed. Also, the Law establishes that once there is a final resolution adjudicating a controversy, the Secretary can go to the Court of First Instance to put in full force and effect the decision reached by the Bureau of Labor Standards, including any applicable remedies and sanctions. Finally, the Court will give priority to these cases, and it will summon the parties involved to a hearing in the thirty (30) days following the Secretary’s demand. The mediation and adjudication procedures will not be in effect until the Department of Labor approves the applicable regulation, which was mandated to be in place prior January 15, 2005. Law No. 488 of September 23, 2004, increases the special sports leave established in Article 1 of Law No. 49 of June 27, 1987, from fifteen (15) to thirty (30) work days a year. This special sports leave will give athletes, trainers and eligible specialized personnel the ability to be absent from their jobs, for no more than forty five (45) work days a year, accrued under the special sports leave, vacation leave, and/or compensatory time, if applicable.

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