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Venezuela, République bolivarienne du - Types de contrats de travail


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Durée maximale de la période d'essai: 1 mois

Remarks:
  • The OLL does not establish a probationary period for workers, however, it establishes a period of 30 days in which the worker is not protected by the right to a stable job place and, therefore, can be dismissed without just cause (Art. 87 OLL). Academics considers this to be a non-explicit probationary period.

    Note that article 80 OLL foresees a trial period of 90 days for workers that are being promoted. In case of failure, the worker will be reinstalled in its previous

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
  • Motifs autorisés de recours au CDD: raisons matérielles et objectives
    Remarks:
    • A contract is deemed to be of indeterminate duration if the parties do not explicitly state the desire to be bound by an employment relationship solely for a specified task or for a specified period. A contract is presumed to be for an undetermined period of time, therefore, FTC are considered exceptional and its regulatory provisions must be restrictively interpreted (art. 61 et seq., OLL).

      Art. 64 OLL provides that FTCs can only be concluded a) if so required by the nature of the service; b) for a temporary and lawful replacement of a worker; c) contracts concluded with Venezuelan nationals for the performance of services abroad d) when the task for which the employee was contracted has not been completed.
      If an FTC is done under other circumstances, it will be considered null.
  • Nombre maximum de CDD successifs: 2
    Remarks:
    • Art. 62OLL: In the event of two renewals, the contract is considered to be of indeterminate duration, except if there are special reasons that justify such extension and exclude any intention to continue the relationship.
  • Durée cumulée maximum de CDD successifs: 1 année(s)
    Remarks:
    • Art. 62: In a FTC, workers cannot be bounded for more than one year.
      However, if the contract is concluded for a specified task, it will last for the time required for execution of the work and will end with the conclusion of the work. (Art. 63)
+ show references

Durée maximale de la période d'essai: 1 mois

Remarks:
  • The OLL does not establish a probationary period for workers, however, it establishes a period of 30 days in which the worker is not protected by the right to a stable job place and, therefore, can be dismissed without just cause (Art. 87 OLL). Academics considers this to be a non-explicit probationary period.

    Note that article 80 OLL foresees a trial period of 90 days for workers that are being promoted. In case of failure, the worker will be reinstalled in its previous

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
  • Motifs autorisés de recours au CDD: raisons matérielles et objectives
    Remarks:
    • A contract is deemed to be of indeterminate duration if the parties do not explicitly state the desire to be bound by an employment relationship solely for a specified task or for a specified period. A contract is presumed to be for an undetermined period of time, therefore, FTC are considered exceptional and its regulatory provisions must be restrictively interpreted (art. 61 et seq., OLL).

      Art. 64 OLL provides that FTCs can only be concluded a) if so required by the nature of the service; b) for a temporary and lawful replacement of a worker; c) contracts concluded with Venezuelan nationals for the performance of services abroad d) when the task for which the employee was contracted has not been completed.
      If an FTC is done under other circumstances, it will be considered null.
  • Nombre maximum de CDD successifs: 2
    Remarks:
    • Art. 62OLL: In the event of two renewals, the contract is considered to be of indeterminate duration, except if there are special reasons that justify such extension and exclude any intention to continue the relationship.
  • Durée cumulée maximum de CDD successifs: 1 année(s)
    Remarks:
    • Art. 62: In a FTC, workers cannot be bounded for more than one year.
      However, if the contract is concluded for a specified task, it will last for the time required for execution of the work and will end with the conclusion of the work. (Art. 63)
+ show references

Durée maximale de la période d'essai: 1 mois

Remarks:
  • The OLL does not establish a probationary period for workers, however, it establishes a period of 30 days in which the worker is not protected by the right to a stable job place and, therefore, can be dismissed without just cause (Art. 87 OLL). Academics considers this to be a non-explicit probationary period.

    Note that article 80 OLL foresees a trial period of 90 days for workers that are being promoted. In case of failure, the worker will be reinstalled in its previous

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
    Remarks:
    • The new OLL of 2012 brought some changes to the rules on FTCs.
  • Motifs autorisés de recours au CDD: raisons matérielles et objectives
    Remarks:
    • A contract is deemed to be of indeterminate duration if the parties do not explicitly state the desire to be bound by an employment relationship solely for a specified task or for a specified period. A contract is presumed to be for an undetermined period of time, therefore, FTC are considered exceptional and its regulatory provisions must be restrictively interpreted (art. 61 et seq., OLL).

      Art. 64 OLL provides that FTCs can only be concluded a) if so required by the nature of the service; b) for a temporary and lawful replacement of a worker; c) contracts concluded with Venezuelan nationals for the performance of services abroad d) when the task for which the employee was contracted has not been completed.
      If an FTC is done under other circumstances, it will be considered null.

      New in 2012: Employment relationship are presumed to be of indeterminate duration except in cases provided by the law. FTCs and contracts for the performance of a specific task are exceptional and therefore the rules governing those contracts must be interpreted restrictively.

      New in 2012: Any contract concluded for any other reasons will be null and void. As a result, the worker will be granted employment stability provided by the law.
  • Nombre maximum de CDD successifs: 2
    Remarks:
    • Art. 62OLL: In the event of two renewals, the contract is considered to be of indeterminate duration, except if there are special reasons that justify such extension and exclude any intention to continue the relationship.
  • Durée cumulée maximum de CDD successifs: 1 année(s)
    Remarks:
    • Art. 62: In a FTC, workers cannot be bounded for more than one year.
      However, if the contract is concluded for a specified task, it will last for the time required for execution of the work and will end with the conclusion of the work. (Art. 63)

      New in 2012: The maximum term for an employment relationship for a fixed term (whether through one single FTCs or 2 FTCs) is one year.
      [Under the previous law, it was 1 year for blue-collar workers and 3 years for white-collar workers]