Tag archives: LOTTT

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, notwithstanding the number of workers rendering services for the employer:

Category

From 12/1/2014

(Day shift)

Monthly

Daily

Public and private sector workers

Bs. 4,889.11

Bs. 162.97

Adolescents / Apprentices

Bs. 3,635.95

Bs. 121.20

According to the provisions of article 7 of the Decree and in … Continue Reading

Youth Employment Law

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 the Bolivarian Republic of Venezuela and, in consequence, the public has had no access to the information regarding the content of the law. The publication in the Official Gazette is a necessary procedure for the Law to be deemed enacted, according to article 215 of … Continue Reading

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

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 as a true form of personal development.

From a very early age, children are taught to think about their future, questions such as; what do you want to be when you grow up, and school activities such as Career Day, send an … Continue Reading

Mandatory Military Registration

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 the most relevant to employers are the following:

  • Compulsory registration of the individuals and legal entities;
  • Maintenance of the labor relationship while the employee is on military service;
  • Requirement for employees to obtain a certificate of registration in order to be employed;
  • A new requisite
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Possible extension of the Bar against Dismissals

This post was contributed by Valentina Albarrán, Associate, Norton Rose Fulbright Caracas

On Christmas time Venezuelans have become accustomed to certain holiday traditions, receiving presents, spending more money that they have, and for the last years Venezuelans have also grown accustomed to the fact that December is the month for the extension of the Special Bar against Dismissals.

The situation had a bit more expectation last year, a new Organic Labor Law (“OLL”) was sanctioned on May 7, 2012 and it conditioned the termination of the working relationship to the worker’s will. December 2012 came, and people were expectant, … Continue Reading

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

Childcare obligations – what are an employer’s obligations?

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. Options vary between:

  1. Providing a day-care center for their workers’ children directly or through a non-profit civil association established by the employer;
  2. Establishing a child-care center jointly with two or more neighboring companies either directly or through a non-profit civil association; or
  3. Paying a monthly
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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

Worker´s Councils and the new forms of Venezuelan Employment

This post was contributed by Valentina Albarrán, Associate, Norton Rose Fulbright Caracas

A few months after the 1st year anniversary of the Venezuelan New Labor Law the legislative body has proven itself to be a modern take on the Pandora´s Box myth.

Of the many controversial aspects of the law, there is still one that hasn´t been widely discussed or even yet fully implemented, thus it remains a mystery.

The aspect in question is the one included in articles 497 and 498 of the New Labor Law, regarding the creation of the Worker´s Councils.

According to the Organic … 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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