Prospective Effect Amendments to Probationary Periods – Puerto Rico
By: Angel Berberena, Esq.
Edgardo Rodríguez-LaFontaine, Esq.
June 29, 2022
On June 28, 2022, the Secretary of Labor and Human Resources of Puerto Rico, Hon. Gabriel Maldonado-González, issued Opinion No. 2022-01 (the “Opinion”) on the effects of the amendments by Law 41-2022 to probationary periods in Puerto Rico. These amendments reduced the automatic nine (9) and twelve (12) month probationary period for non-exempt and exempt employees respectively, to three (3) months for all employees. See Client Alert of June 21, 2022 for more information on Law 41-2022.
The Opinion remarks that Law 41-2022 does not include a retroactivity clause or transitory provision, creating uncertainty among employers and employees. The Secretary concludes that the new probationary period (3 months) should be applied prospectively because of: i) the absence of specific retroactive provisions on probationary periods; and ii) the potential impact to employment agreements, in reference to those executed prior to the effective date.
The Opinion further clarifies that the reduced probationary periods will apply automatically to employees hired after the effective date of Law 41-2022; that is thirty (30) days after June 20, 2022 for regular employers and ninety (90) days after the same date for micro, small and medium businesses.
Goldman Antonetti & Córdova, LLC stands ready to assist you and your business to adjust to Puerto Rico’s regulatory and legal changes. If you need further assistance in this area, please contact any of the following members of our Firm:
Disclaimer: Although the information included in this document may concern legal issues, it is not a legal opinion or professional advice and clients shall not use it as such. We assume no responsibility or liability of any kind for any information contained herein, and we expressly disclaim all liability for any claim for damages arising from the use, reference to, or reliance on, such information. If legal or other expert assistance is required, the services of a competent professional should be sought.