The duty of the employee to work overtime.
An employee has to work the overtime hours requested by his employer if the employer is extending the working hours due to one of the emergencies stated in article 153 of the Dominican Labor Code. The employer must notify the Ministry of Labor (or the Local Representative) to check whether the case complies with the exceptions set out in article 153.
Emergency cases established by article 153 are intended to face disruption to the company's regular operation due to:
accidents that have occurred or are imminent;
essential work that must be carried out on machinery or tools, and whose stoppage may cause severe damage;
activities whose interruption may alter raw material;
fortuitous or force majeure cases.
As we can see, it is a synthesis of situations imposed by fortuitous circumstances or force majeure. In these cases, the doctrine and jurisprudence maintain the criterion that the worker must work overtime for his employer.
On the other hand, in cases where the request to provide services in extra hours is to face increases in work, the worker is not obliged to do so. He can decline, without justifying its refusal and without incurring responsibility.
In this case, the employer would need to persuade the worker to offer their help and collaboration. It is not necessary to inform the Ministry of Labor because it is a mutual agreement.
