As new wage and hour or work-schedule regulations have been recently brought fully into effect, employers face risks of being sanctioned in case the Ministry of Labour and Social Security finds that such rules have been breached.
In fact, the duration of the ordinary work period as of May 7, 2013 may not exceed 40
According to Law 1581 of 2012 and Decree 1377 of 2013, all individuals and legal entities that handle personal data must inform about the existence of such information in their databases.
Holders of personal data must inform that the personal data will be treated in the strictest and most confidential manner, and that the information
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.
We are delighted to announce that in the next few days, our bloggers from many regions will discuss how wrongful dismissal is dealt with in their respective jurisdiction! Our bloggers will address the remedies available for employees wrongfully dismissed as well as the main criteria courts and tribunals use to adjudicate these complaints.
We hope
In Colombia as in many other Latin-American countries, non competence clauses are enforceable for the duration of the employment contract. This means that the restriction will disappear once the labor relationship is terminated.
The fact is that according to Article 26 of the Labour Code, parties in a labor relationship are allowed to agree
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
We are happy to announce a new feature to this blog: every month, all participating regions will post on a common theme. We hope that this feature will give our readers a quick glance into the differences and commonalities that exist between each of the various jurisdictions on a relevant employment and labour law issue.
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
This post was contributed by Yanet C. Aguiar, Partner, Norton Rose Caracas and Valentina Albarrán, Associate, Norton Rose Caracas
Venezuela is no stranger to the existence and proliferation of Group of Companies or Business Groups, they have become a fundamental part of Venezuelan economy. However, throughout the last decade or so, we have
Many would have thought that the fact that a disadvantaged employee (either handicapped or suffering from a debilitating medical condition) has committed a serious breach, thus incurring in a cause of termination, would allow the employer to validly and unilaterally terminate her or his employment contract without prior authorization from the labor authority and without