Countries › Dominican Republic › Guide › 7. Labor and employment › Foreign workers in the Dominican Republic: the 80% rule, contract registration and migration fines

Foreign workers in the Dominican Republic: the 80% rule, contract registration and migration fines

Last verified: 2026-10-30 · Status: Changing

At least 80% of a company's workers and 80% of its pay must go to Dominicans, with exceptions for management, technical staff and some spouses. A foreign worker's written contract is registered with the Ministry and needs a work category under migration law. Hiring someone not authorized to work costs 5 to 30 minimum salaries.

Key facts

Minimum share of Dominican workers	80 %Ley 16-92 art. 135, as of 2026-10-30 · in force
Minimum share of payroll to Dominican workers	80 %Ley 16-92 art. 136, as of 2026-10-30 · in force
Maximum fine for hiring a foreigner not allowed to work	30 minimum salariesLey 285-04 art. 132, as of 2026-10-30 · in force
Ministry answer on work visa certificates	15 working daysMinisterio de Trabajo service sheet, as of 2026-10-30 · in force

The rule

1. At least 80% of a company's workers must be Dominican.Ley 16-92, Código de Trabajo, art. 135, 1992-05-29 official text · verified 2026-10-30

2. Dominican workers' pay must total at least 80% of all staff pay. Pay for technical, direction or management work is left out of this test.Ley 16-92, Código de Trabajo, art. 136, 1992-05-29 official text · verified 2026-10-30

3. Below ten workers a fixed table applies: 6 of 9, 5 of 8 or 7, 4 of 6, 3 of 5 or 4, 2 of 3, 1 of 2 and a sole worker must be Dominican.Ley 16-92, Código de Trabajo, art. 137, 1992-05-29 official text · verified 2026-10-30

4. Outside the headcount tests are foreigners in purely management roles, technical staff if the labor authority finds no unemployed Dominicans to replace them, family workshops, and foreigners married to Dominicans with over three years of residence and over two years of marriage, among others.Ley 16-92, Código de Trabajo, art. 138, 1992-05-29 official text · verified 2026-10-30

5. Partners who do ordinary work count in the test.Ley 16-92, Código de Trabajo, art. 140, 1992-05-29 official text · verified 2026-10-30

6. Managers should preferably be Dominican, and a Dominican who replaces a foreigner in such a post must receive the same pay. Agricultural supervisors must be Dominican.Ley 16-92, Código de Trabajo, art. 144, 1992-05-29 official text · verified 2026-10-30

7. In a staff reduction, foreign workers go first under a fixed order.Ley 16-92, Código de Trabajo, art. 141, 1992-05-29 official text · verified 2026-10-30

8. The contract of a foreign worker is only registered if it is written in four originals, two filed in the legal time with a copy of the visa, and the company has its staff roster on file.Resolución 25/2001, Second, 2001-06-06 official text · verified 2026-10-30

9. To apply for a work visa, a foreigner needs two Ministry certificates: a job offer, and proof that the company is in SIRLA and meets art. 135 and following. The answer is due in 15 working days.
Cost to do it: Free per the service sheet.Ministerio de Trabajo service sheet, Certifications for work visa, 2026-10-30 official text · verified 2026-10-30

10. Decreto 631-11 art. 35 allows a foreigner to work when admitted in a category that permits it, as the Ministry's service sheet cites it.Decreto 631-11, art. 35, 2011 official text · verified 2026-10-30

11. Temporary residents include scientists, professionals, specialized staff, business people, managers, technicians and skilled workers. Temporary workers under contract are a non resident category.Ley 285-04, art. 35 and art. 36, 2004-08-15 official text · verified 2026-10-30

12. Employers who hire or give work to foreigners who are illegal or not allowed to work face fines of 5 to 30 minimum salaries.
Cost to do it: Fine range is in minimum salaries. The article does not name the tariff.Ley 285-04, art. 132, 2004-08-15 official text · verified 2026-10-30

13. The employer also pays deportation costs if ordered, and the migration breach does not excuse paying the wages owed.Ley 285-04, art. 104 and art. 105, 2004-08-15 official text · verified 2026-10-30

14. In 2021 the government gave employers three months to regularize and tied Ministry of Labor checks to arts. 135 to 140 of the code.Consejo Nacional de Migración notice, Presidencia notice, 2021-09-28 official text · verified 2026-10-30

15. Only foreigners with a work visa, migration card or regularization card contribute to social security. A worker with only a passport has no cover.TSS questions page, Questions 21 and 22, 2026-10-30 official text · verified 2026-10-30

Total workers	Dominicans required
1	1
2	1
3	2
4 or 5	3
6	4
7 or 8	5
9	6
10 or more	80%

Art. 135 and art. 137 headcount tests

Worked example

A startup with five staff can have two foreigners on the headcount table, and a foreign chief executive who only manages is outside the count under art. 138.

Step by step

Run the headcount and payroll tests on the roster.
Confirm exempt roles with evidence.
Apply for the Ministry certificates through its web system.
Obtain the visa in the right migration category.
Sign the contract in writing and register it.
Request the social security number in SUIR.

Common traps

Test exemptions are narrow: a technical worker needs a finding that no Dominicans are available.
A tourist card gives no right to work, as Resolución 25/2001 notes.
An expired migration status does not end the employer's pay duties.
Very serious labor fines also apply to breaches of foreign worker rules under art. 720.
Visa categories and fees are in the immigration section.

Sources

← Remote work in the Dominican Republic: the 2020 telework resolutionsWorkplace safety and harassment in the Dominican Republic: committees, first aid and the new Penal Code →

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