Foreigners in DR need citizenship for permanent State positions

The Ministry of Public Administration (MAP) issued resolution 362-2022, which establishes the forms of collaboration of foreigners with the bodies and entities of the public administration.

The document signed by the head of the MAP, Darío Castillo Lugo, indicates in its article 6 that those foreigners who are currently on fixed or temporary payrolls, occupying permanent positions in the Public Administration, must be placed as temporary or day laborers , as appropriate, within a maximum period of three months, counted from the entry into force of this resolution.

“In order for foreigners to participate as eventual collaborators of public bodies and entities within the scope of the Executive Power, they must be legal residents with authorization to work in the Dominican Republic, in accordance with the Dominican legal system,” states paragraph I of article 1. .

A press release indicates that, by virtue of the provisions of the Constitution of the Republic, and by article 33, numeral 1 of the Public Function Law that establishes the “being Dominican” to enter the public service, and what is embodied in the paragraph of article 11 of resolution 113-21 of the MAP that the occupation of positions as casual or day laborers may be carried out by signing a letter of commitment of personal services, for foreign collaborators.

Letters of personal service commitments signed with foreigners will have a duration of twelve months, and if necessary, they may be renewed for a further 6 months, provided there is no objection from the MAP.

The resolution states that the bodies and entities of the Executive Power must send to the MAP a list of all foreigners who hold permanent positions, stating the full name of the foreigner, identity document, title of the position held and time holding it; Said relationship must be sent within a period of one month from the entry into force of the resolution.

“If at the expiration of the indicated period, the highest executive authority has not granted the submission to the MAP of the list of foreigners referred to in said paragraph, it will be understood that they do not wish to continue with the personal services of said foreigners, and these will cease in their work and no more payments can be made for services rendered”, expressly states paragraph II of the same.

Time frame

Likewise, it is indicated that foreigners who are occupying permanent public positions, on fixed or temporary payrolls, will have a maximum period of six months to regularize their status as collaborators with the corresponding entity or body. Once this period has expired, these foreigners will not be able to continue providing services to entities or bodies within the scope of the Executive Branch.

When the positions that are being held by foreigners are classified as Administrative Careers, they must be called for competition as soon as the six-month term granted to foreigners to regularize their situation expires; In the event that they are not career, once the six months have passed, Dominican nationals must be placed in those positions.

Foreigners who are interested in holding permanent positions in the Public Administration must obtain Dominican nationality, in accordance with the rules and procedures established in Law 285-04, General Migration, and its application regulation number 631-11, and submit to to the requirements and procedures established in Law number 41-08, of Public Function and its application regulations.

Resolution 362-22 indicates in its article 2 on non-objection, that the MAP, in its capacity as governing body of the public function, has the power to approve or not the relationship of foreigners through the modalities of day laborers or temporary workers, then to verify that the legal, formal and procedural requirements have been met or not.