P.R. Laws tit. 29, § 355a

2019-02-20 00:00:00+00
§ 355a. Penalties—For illegal dismissal or onerous conditions

Every employer who fires, suspends, lowers the wages, demotes or imposes or attempts to impose more onerous working conditions on one of his employees, or who refuses to hire or rehire a person because he refuses to lift, transport or bear on himself any kind of a load weighing more than the maximum limits established by law or by regulation of the Secretary of Labor and Human Resources of Puerto Rico:

(a) Shall incur civil liability:

(1) For a sum equal to two times the amount of the damages the act has caused to the employee or applicant for employment;

(2) or for an amount of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), in the discretion of the court, if the pecuniary damages cannot be determined;

(3) or for two times the amount of the damages caused if said amount is lower than one hundred dollars ($100), and

(b) shall also be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment in jail for a term of not less than thirty (30) days nor more than ninety (90) days, or by both penalties, in the discretion of the court.

The court, in the judgment it may render in civil actions initiated under the preceding provisions, may direct the employer to reinstate the worker in his employment, and to cease and desist [of] the action in question.

History —May 22, 1968, No. 49, p. 81, added as § 3-A on June 22, 1975, No. 40, p. 97, § 4.