Yanet Aguiar

Minimum salary increase in Venezuela

On November 17, 2014, the President of the Republic issued Decree Nº 1.431 (the Decree), through which he increased the minimum salary for public and private sector workers by 15%. Such became effective on December 1, 2014. Minimum salary The Decree fixed the following scales for workers’ minimum salaries, with effect on December 1, 2014, … Continue reading

Amendment on the Nutrition Law

By Yanet Aguiar on November 25, 2014 Posted in Latin America, Venezuela

On November 13, 2014, the President issued a Decree with the Rank, Value and Force of Partial Amendment of the Nutrition Law for the Workers (“Nutrition Law”). The most innovative aspects of the amendment of the Nutrition Law, are the following: Value of the nutrition benefit The Nutrition Law increased the basis for the calculation of the … Continue reading

Are disabled employees under Venezuelan labour legislation protected from discrimination?

By Yanet Aguiar on October 28, 2014 Posted in Discrimination and harassment, Latin America, Venezuela

Yes, disabled employees are protected against discrimination in Venezuela pursuant to the Disable Person’s Law and the Organic Law on Prevention, Working Conditions, and the Work Environment. In fact, there is an express prohibition of discrimination by reason of incapacity. The purpose of the Disabled Persons’ Law is to establish the rules according to which disabled persons … Continue reading

Youth Employment Law

By Yanet Aguiar on October 20, 2014 Posted in Latin America, Venezuela

This post was contributed by Valentina Albarrán, Associate, Norton Rose Caracas. Youth Employment Law On October 8th, 2014 a Youth Employment Law (the “Law”) was approved by the Venezuelan President under the Enabling Law granted to the Executive Power by the Venezuelan Parliament. The Law has yet to be published in the Official Gazette of … Continue reading

Flexible working – achieving a work life balance under Venezuelan labour legislation

By Yanet Aguiar on September 18, 2014 Posted in Latin America, Venezuela

This post was contributed by Yanet C. Aguiar, Partner, Norton Rose Caracas and Valentina Albarrán, Associate, Norton Rose Caracas. In the modern age, work has become an increasingly important part of a person’s life. From the standpoint of western civilization, work is not only viewed as an activity people do in order to subsist, but … Continue reading

Mandatory Military Registration

By Yanet Aguiar on July 28, 2014 Posted in General, Latin America, Venezuela

This post was written by María Gabriela Vicent, Associate, Norton Rose Fulbright (Caracas) A new Law for Registration and Enlisting for the Integral Defense of the Nation (the “Law”) was enacted on June 25, 2014, forcing individuals and companies to register in the Integral Defense Registry (Military registry). Among the obligations set by the Law … Continue reading

Employees’ rights to holiday in Venezuela

By Yanet Aguiar on July 18, 2014 Posted in Latin America, Venezuela

Venezuelan labor rights may not be waived by the parties, that is, they are rules of public policy and the Labor Law’s provisions must be applied even over the will of the parties. In addition, the principles of favor, non-waivability, intangibility and progressiveness of labor rights are a warranty to prevent a retreat in achieved … Continue reading

Employees’ rights on redundancy in Venezuela

By Yanet Aguiar on June 12, 2014 Posted in Latin America, Venezuela

Employees’ rights on redundancy in Venezuela The general rule under the Venezuelan Labor Law is that, no worker can be dismissed without just cause unless she/he is offered an indemnity for dismissal equal to the amount of her/his seniority benefit and she/he accepts it – Job Stability -. However, since 2002, workers are protected with … Continue reading

Whistleblowing – what protection do employees have in Venezuela?

By Yanet Aguiar on May 15, 2014 Posted in Latin America, Venezuela, Whistleblowing

There is no legal protection for whistleblowers in Venezuela and it is not common in practice. However, many transnational and local companies in Venezuela have policies and code of conducts protecting those who step up and expose Corruption, fraud, mismanagement, breaches of legal obligations. Some of these companies have hot lines through which employees are … Continue reading

Childcare obligations – what are an employer’s obligations?

By Yanet Aguiar on November 18, 2013 Posted in Latin America, Venezuela

Employers with more than 20 workers are required to provide a day-care center, where such workers whose salary is less than five minimum salaries can leave their children aged between three months and six years during the work day. To comply with this requirement, employers may choose between several options provided in the corresponding legislation. … Continue reading

Minimum salary increase in Venezuela

By Yanet Aguiar and Candace Sandoval on October 24, 2013 Posted in Latin America, Venezuela

On October 18, the President of the Republic published Decree Nº 503 (the Decree), establishing an increase of 10% in the minimum salary for public and private sector workers from November 1, 2013, using the 2013 National Consumer Price Index (INPC) as a reference. Below you will find our comments on the most relevant aspects … Continue reading

How are Holidays and Rest Days paid in Venezuela?

By Yanet Aguiar on October 18, 2013 Posted in Latin America, Venezuela

Under Venezuelan labour legislation, holidays and rest days are paid as follows: 1. Holidays The following days and dates are holidays for the purposes of the Labor Law (Article 184): Sundays, January 1, Monday and Tuesday of Carnival, Maundy Thursday and Good Friday, May 1st, December 24th, 25th, 30th and 31st; The days listed in the … Continue reading

Wrongful Dismissal in Venezuela

By Yanet Aguiar on July 15, 2013 Posted in Latin America, Venezuela

One thing is very clear under Venezuela legislation, it is almost impossible to dismiss a worker. A. Job Stability Theoretically, the Labour Law allows employers to terminate workers with or without cause. Employers are able to terminate workers with cause based on the grounds listed in Article 79 of the Labour Law. Employers have a … Continue reading

Restricted covenants under Venezuelan labor legislation

By Yanet Aguiar on June 7, 2013 Posted in Latin America, Venezuela

Under Article 20 of the Regulations to the abrogated Organic Labor Law (which is still in force as long as its rules do not contravene the New Labor Law), the enforcement of non-compete provisions is limited. Such Article expressly provides that during the employment relationship, the employee shall refrain from carrying out negotiations on her/his own … Continue reading

Is it impossible to dismiss an Employee in Venezuela?

By Yanet Aguiar on April 17, 2013 Posted in Latin America, Venezuela

It is almost impossible to dismiss an employee in Venezuela. First of all, because the New Labor Law provides that, except for top management employees, employers cannot dismiss workers unilaterally (job stability), even those who are not protected by the bar against dismissals. Second, the Government extended the Special Bar against Dismissals again. Finally, the … Continue reading

Is Outsourcing prohibited under Venezuelan Labour Legislation?

By Yanet Aguiar on April 12, 2013 Posted in Latin America, Venezuela

Yes, Outsourcing is prohibited under Venezuelan New Labour Law as long as the contracting of third parties are made to simulate or defraud with the purpose of avoiding the application of the labor legislation. 1. Definition of Outsourcing under the New Labour Law. Outsourcing is understood to be the simulation or fraud committed by employers … Continue reading