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> GOVERNANCE - home > Employment protection legislation database - EPLex > Venezuela, Bolivarian Republic of

Venezuela, Bolivarian Republic of - Procedural requirements for individual dismissals


Procedural requirements for individual dismissals - Venezuela, Bolivarian Republic of - 2011    

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Notification to the worker to be dismissed: written

Notice period:
    • tenure ≥ 6 months
      • economic dismissal - 2 week(s).
    • tenure ≥ 9 months
      • economic dismissal - 2 week(s).
    • tenure ≥ 2 years
      • economic dismissal - 1 month(s).
    • tenure ≥ 4 years
      • economic dismissal - 1 month(s).
    • tenure ≥ 5 years
      • economic dismissal - 2 month(s).
    • tenure ≥ 10 years
      • economic dismissal - 3 month(s).
    • tenure ≥ 20 years
      • economic dismissal - 3 month(s).

    Pay in lieu of notice: Yes

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Notes / Remarks
    This section reflects the provisions of the Organic Labour Law.
    Under the OLL, the procedural requirements for individual dismissals depends on whether the dismissal is for a just cause or if it is unjustified and whether the workers enjoy job stability.

    HOWEVER, in spite of those legal requirements provided in the OLL, the rules on dismissal have been substantially modified by so-called "Immunity Decrees" enacted at regular interval since 2002, the latest (as of 2011) dating 16 December 2010 (No. 7914) covering the period from 1 January 2011 to 31 December 2011.
    Under those Decrees, prior accreditation of just cause by the labour inspectorate is required for any dismissal of any worker falling within the scope of of application of the decrees (= all workers in the private sector and all those covered within the scope of application of the Labour Code) Violation of this rule may be remedied through reinstatement, where requested.
    Therefore, those workers covered by such employment stability, cannot be dismissed by way of unjustified dismissal but only for a just cause and the requirements described in this section are not applicable.
    They would apply to workers not covered by the Decree, namely: Managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage.