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Puerto Rico Employment Laws

Puerto Rico has robust employment protections that often exceed federal standards. The territory is not an at-will employment jurisdiction in the traditional sense — Act 80 (Unjust Dismissal Act) requires employers to pay severance ("mesada") for terminations without just cause. Act 100 prohibits employment discrimination with broader protections than federal Title VII. Puerto Rico has its own minimum wage ($10.50/hour as of July 2024), mandatory vacation and sick leave accrual, and strong whistleblower protections.

Last verified: 2026-02-26

Statute of Limitations

3 years (Act 80 wrongful termination); 1 year (Act 100 discrimination)Act 80-1976, as amended by Act 41-2022; Act 100-1959

Wrongful termination claims under Act 80 must be filed within 3 years from the effective date of termination. Discrimination claims under Act 100 must be filed within 1 year. Federal EEOC charges must be filed within 300 days.

Key Puerto Rico Statutes

Employers who terminate employees without just cause must pay severance ("mesada"). For employees with less than 15 years of service: 3 months' salary plus 2 weeks per year of service. For 15+ years: 6 months' salary plus 3 weeks per year. The 9-month severance cap from the 2017 reform was repealed by Act 41-2022.

Anti-Discrimination Act (Act 100)P.R. Laws Ann. tit. 29, §§ 146-151 (Act 100-1959)

Prohibits employment discrimination based on race, color, national origin, social condition, political affiliation, religious beliefs, sex, sexual orientation, gender identity, disability, and status as a victim of domestic violence. Employers found guilty may face double damages and potential criminal penalties.

Puerto Rico's minimum wage is $10.50 per hour, effective July 1, 2024. This is set by a Minimum Wage Review Commission. The federal minimum wage ($7.25) serves as a floor, but Puerto Rico's local rate is higher.

Vacation and Sick LeaveP.R. Laws Ann. tit. 29, § 250d

Employees who work at least 115 hours per month accrue 1.25 days of vacation and 1 day of sick leave per month. Vacation cannot be used until accrued for one year. Unused sick leave carries over up to a maximum of 15 days.

Whistleblower Protection (Act 115)P.R. Laws Ann. tit. 29, § 194a (Act 115-1991)

Protects employees who report violations of law, fraud, corruption, or workplace safety hazards. Employers cannot retaliate through termination, demotion, pay reduction, or hostile work environment.

Sexual Harassment in EmploymentP.R. Laws Ann. tit. 29, §§ 155-155m (Act 17-1988, as amended by Act 82-2022)

Prohibits sexual harassment in the workplace. Act 82-2022 requires all employers to implement written harassment prevention policies and protocols. Employers must provide training and establish complaint procedures.

Non-Compete AgreementsGeneral freedom of contract principles; Labor Transformation Act of 2017

Non-compete agreements are enforceable if limited in duration (maximum 12 months), geographic scope, and client restrictions. Must be in writing. The Puerto Rico Supreme Court has rejected the "blue pencil" approach — overbroad clauses are void, not reformed.

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Puerto Rico.

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