P.R. Laws tit. 29, § 153

2019-02-20 00:00:00+00
§ 153. Employment of aliens not having legal residence—Prohibition

(a) No employer shall knowingly employ an alien not having legal residence in the United States.

(1) No employer shall employ, directly or through an agent, an alien whom a reasonable investigation would have shown that he had no legal residence in the country.

(2) No person, acting as agent for an employer or employee, shall refer to an employer a person to be employed whom a reasonable investigation would have shown that he had no legal residence in the country.

(3) An investigation may be considered reasonable to exempt a person from the penalties of this section, whenever there are requested, obtained and inspected, for the purpose of verifying if a prospective employee is legally in the country, the following documents:

(A) Birth Certificate.

(B) Document issued by the corresponding American Consulate or the United States Immigration and Naturalization Service authorizing him to work.

(C) Selective Service Registration Certificate.

(b) The preceding provisions shall not prevent civil actions against an employer and/or agent for violations to subsection (a) of this section and if substituted by an alien without legal residence in the United States of America, any workman who has been discharged from employment without a just cause founded in actions which are personally chargeable, such as his conduct and efficiency on his work, shall be entitled to reinstallation in his employment, and to receive the wages uncollected owing to such action of his employer and he may use for his claim the summary procedure established by §§ 3118—3132 of Title 32.

(c) Sections 153 and 154 of this title shall not apply to any employer who employs aliens who may have previous authorization from the United States Immigration and Naturalization Service to work temporarily in the country.

(d) The Secretary of Labor and Human Resources shall see to the application of §§ 153 and 154 of this title, and shall be empowered to adopt the regulations he may deem necessary for its better administration.

History —May 29, 1973, No. 48, p. 124, § 1; June 30, 1975, No. 106, p. 320, §§ 1—3, 5, eff. 30 days after June 30, 1975.