SCMP Breaking News - Labor & Employment
Year 9, Vol. 6 - June 4, 2024
On May 21, 2024, Law No. 81 (“Law 81-2024”) was passed to amend Law No. 115 of December 20, 1991 (“Law 115-1991”) to, among other things, clarify and expand the definition of “employee”.
Specifically, by means of Law 81-2024, the definition of the term “employee” was expanded to make clear that Law 115-1991 covers all types of employees without distinction of their classification as a temporary or transitional employee.
What is the new definition of “employee”?
With the Law 81-2024 amendment, the definition of “employee” under Law 115-1991 is now as follows:
"Employee" means any person who provides services in exchange for wages, or any type of remuneration, through an oral, written, explicit or implicit contract, without distinction of the nature of their position or classification, whether hired on an indefinite basis or for a defined term, including public carriers as defined in Law No. 109 of June 28, 1962, as amended.
In addition, Law No. 81-2024 amended Article 2 of Law 115-1991 to expand the type of activity that is considered “protected activity”. Law 115-1991 already included the testimony, expression or information that is offered or attempted to be offered, verbally or in writing, by an employee before a legislative, administrative, or judicial forum in Puerto Rico. Also, Law 115-1991 already covered as protected activity any testimony, expression, or information that the employee offered or attempted to offer in the established internal procedures of the company or before any employee or representative in a position of authority, when said expressions are not defamatory in nature or constitute disclosure of information. Yet, Law 81-2024 clarifies that the expressions that the employee makes using the company’s internal procedures or before any employee or representative of the company in a position of authority may be verbally or in writing.
What should Employers do?
Bear in mind that the provisions of Law 115-1991 apply to temporary and transitional employees.
Amend the anti-retaliation policies to include as protected activity any testimony, expression or information that the employee offers or attempts to offer using the company's established internal procedures or before any employee or representative in a position of authority, regardless of whether they made verbally or in writing.
SCMP will keep you updated as to any developments regarding this very important and crucial matter for employers in Puerto Rico.
Should you require further advice or assistance in relation to this matter, please contact us at (787) 945-0380.
Because of the general nature of this newsletter, nothing herein should be construed as legal advice or a legal opinion. SCMP Breaking News and all its content is property of Silva-Cofresí, Manzano & Padró, LLC
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