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Employment Laws in Puerto Rico

Filed under Office & HR.

Employers in Puerto Rico must conform to these state rules relating to the employment relationship.

All private employers and those agencies or instrumentalities of the government of Puerto Rico that operate as private businesses or enterprises are covered.

Prohibited Employment Discrimination

Puerto Rico prohibits discrimination on the basis of:

  • age
  • race
  • color
  • sex
  • disability
  • origin or social position
  • political affiliations
  • religious beliefs

Veterans. Employers are required to give preference to a veteran, under equal academic and technical conditions or experience, when filling any position, employment or employment opportunity.

Minors under 18. A minor under the age of 18 is protected from employment discrimination based on his or her criminal history. A minor's criminal file is considered confidential, and the lack of access to a minor applicant's history can not be the sole grounds for employment denial.

Recordkeeping Requirements

Employers must keep and maintain records for relevant time periods to determine if unlawful discriminatory practices have been or are being committed and must render reports as required by regulation.

Apprenticeships and training programs. Employers, labor unions or joint management-labor committees controlling apprenticeship and/or training programs keep and maintain the records that may be necessary for the implementation of Puerto Rico's Fair Employment Practices Act, including, but not limited to, a list of applicants or candidates for employment who wish to participate in those programs, and the chronological order in which the applications were received.

Upon request, a detailed description of the manner in which the persons are chosen to participate in the apprenticeship and/or training programs must be furnished to the Secretary of Labor and Human Resources

Posting Requirements

Employers must post notices setting forth the requirements for complying with Puerto Rico's Fair Employment Practices Act and other relevant information as determined by the Secretary of Labor and Human Resources.

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