Tag archives: latam

Interns in Venezuela: Are they duly protected against discrimination?

In Venezuela, labor and employment anti-discrimination rules do not extend to interns and volunteers unless their contracts explicitly acknowledge equal treatment. The Organic Labor Law (the “LOTTT”) provides protection for any individual under an employment relationship.

Therefore the issue here is to determine who is an employee and who is not. The LOTTT states that interns are not subject to an employment relationship; ergo they are not employees in the true and legal sense of the term.

Volunteers are also unprotected by law against labor and employment discrimination; since volunteers provide pro bono services and an employment relationship cannot exist … Continue Reading

Minimum salary increase in 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 of the Decree:

Minimum salary

The Decree established the following minimum salary rates for workers, effective as of November 1, 2013, regardless of the number of workers employed in an enterprise:

Category

As of 1/11/2013

(day shift) 10%

Monthly

Daily

Public and private sector workers
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Venezuela’s minimum wage increase to be implemented by employers

Venezuela’s minimum salary for the day shift is Bs. 2,702.73 as of September 1, 2013, which represents the 10% increase established in Article 1 b) of the Minimum Wage Decree Nº 30 (Decree).

This Decree came into effect on April 30, 2013 and its general implications were commented by Juan Carlos Pró-Rísquez, Esther Cecilia ”Kelly” Blondet and Norah Chafardet Grimaldi in their article Minimum salary increase in Venezuela, which also outlined minimum salary rates for public and private sector workers as well as adolescents and apprentices.

Current minimum part-time salary

Articles 6 of the Decree and 172 of … Continue Reading

Venezuela Work-Schedule Regime: Comply or get sanctioned

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 hours per week in daytime, 37½ hours per week in the mixed day, and 35 hours per week in the night shift, except in the case of continuous and shift work, and special or agreed schedules.  Moreover, overtime work is limited to 10 hours per … Continue Reading

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