Countries › Dominican Republic › Guide › 16. What is normal abroad but not here › The 80% Dominican staff rule

The 80% Dominican staff rule

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

Abroad a company can staff a local office with whoever it chooses; here at least 80% of workers and 80% of pay must be Dominican. Purely management roles, some technical roles and some foreign spouses are outside the count. Hiring foreigners not allowed to work costs 5 to 30 minimum salaries, and the Ministry certifies compliance before a work visa.

Key facts

Minimum Dominican share of workers	80 %Ley 16-92 art. 135, as of 2026-10-30 · in force
Minimum Dominican share of pay	80 %Ley 16-92 art. 136, 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, set out in art. 137, from 6 of 9 down to a sole worker who must be Dominican.Ley 16-92, Código de Trabajo, art. 137, 1992-05-29 official text · verified 2026-10-30

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

5. 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

Worked example

A start up with 20 staff can have at most 4 foreign workers in the count. If the pay of those 4 reaches 25% of total pay, the pay test fails unless their pay is for technical, direction or management work, which art. 136 leaves out.

Step by step

Count workers and pay by nationality each quarter.
List who falls outside the count under art. 138, with evidence.
Ask the Ministry for the certificates that a work visa needs.
Check that each foreign worker has a work category before starting.

Common traps

Partners who do ordinary work count in the test.
Spouse rule needs both the residence and the marriage time.
Agricultural supervisors must be Dominican, under art. 144.

Sources

Código de Trabajo, Ministerio de Trabajo edition

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