P.R. Laws tit. 29, § 361aa

2019-02-20 00:00:00+00
§ 361aa. Removal of or discrimination against employees

(a) No person shall remove or in any way discriminate against an employee because that employee has filed any complaint or instituted or caused to institute any proceeding under or connected with §§ 361—361aa of this title or has testified or may testify in any of such proceedings or because he has exercised in his own or for another’s benefit, any right granted hereunder.

(b) Any employee who believes that he has been removed or otherwise discriminated against by any person in violation of subsection (a) may file a complaint before the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall order that an investigation be carried out as he may deem appropriate. If from the result of the investigation the Secretary determines that the provisions of subsection (a) have been violated, he shall institute action against said person in the proper District or Court of First Instance of the Commonwealth of Puerto Rico. In any of such actions, the District or Court of First Instance of the Commonwealth of Puerto Rico shall have jurisdiction, for cause shown, to enjoin violations of this subsection and to order any appropriate remedy, including reemployment or reinstatement of the employee to his former employment with retroactive pay.

(c) Within ninety (90) days from the receipt of a complaint filed under this subsection, the Secretary shall notify the complainant of his determination under subsection (b).

(d) Any judicial action instituted under this section shall be independent and separate from the action of any employee to recover compensation for wrongful discharge pursuant to Act No. 50 of Apr. 20, 1949.

History —Aug. 5, 1975, No. 16, p. 605, § 29.