L'OIT est une institution spécialisée des Nations-Unies
ILO-fr-strap
Go to the home page
Site map | Contact us English | español
> GOUVERNANCE - page d'accueil > EPLex: une base de données sur les législations de protection de l'emploi > Venezuela, République bolivarienne du

Venezuela, République bolivarienne du - Conditions de forme / procédure du licenciement individuel


+ show references

Forme de la notification du licenciement au travailleur : écrite

Remarks:
  • The notification of the dismissal is always mandatory and shall be done in writing (art. 105 OLL).

Délai de préavis:
Remarks:
  • No notice period in necessary in cases of dismissal for just cause

    Notice periods must be observed with respect to workers who do not enjoy employment stability under the OLL ( all workers covered by the OLL under a permanent contract with more than 3 months' service who are not managers) and dismissed without a just cause AND all workers dismissed for economic reasons:
    For those employees, the notice period is established as follows:
    * after one month's service, one week;
    * after six months' service, two weeks;
    * after one year's service, one month;
    * after five years' service, two months; and
    * after ten years' service, three months.

    (art. 104 OLL and art. 36 OLLR)

    HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree (Decree No. 7914 for the year 2011). These are: all workers covered by the Labour Code except managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage. Under the immunlity decree, a worker can only be dismissed for a just cause previously approved by the Labour Inspector..
    • ancienneté ≥ 6 mois
      • licenciement économique - 2 semaine(s) .
    • ancienneté ≥ 9 mois
      • licenciement économique - 2 semaine(s) .
    • ancienneté ≥ 2 ans
      • licenciement économique - 1 mois .
    • ancienneté ≥ 4 ans
      • licenciement économique - 1 mois .
    • ancienneté ≥ 5 ans
      • licenciement économique - 2 mois .
    • ancienneté ≥ 10 ans
      • licenciement économique - 3 mois .
    • ancienneté ≥ 20 ans
      • licenciement économique - 3 mois .

    Indemnité compensatrice de préavis : Oui

    Remarks:
    • 1) Workers who do not enjoy employment stability under the OLL and dismissed without a just cause or for economic reasons:
      If the notice period requirement is not complied with by the employer, the employee should be paid a sum equivalent to the remuneration he or she would have received during the corresponding period (sec. 106, OLL).

      2) Workers who enjoy employment stability (all workers covered by the OLL under a permanent contract with more than 3 months' service who are not managers):
      Even though the notice period requirements do not apply to the dismissal those workers, if they are dismissed by way of unjustified dismissal (= for a reason other than a just cause), as part of the dismissal compensation package, in addition to compensation for unfair dismissal, they are entitled to compensation in lieu of notice. The employer can pay has the option either to pay it at the time of the dismissal or after the judge has declared the dismissal unjustified.
      The amount of such compensation correspond to a "fictional notice period" which is higher that the notice period foreseen for workers not covered by job stability. It is established as follows (art. 125 OLL:
      - 15 day's wages if the length of service is more than 1 month and less than 6 months;
      - 30 days' wages if the length of service is between 6 and less than 1 year;
      - 45 days' wages if the length of service is at least 1 years;
      - 60 days' wages if the length of service is at least 2 years but not more than 10 years;
      - 90 days' wages if the length of service is more than 10 years.
      HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree (Decree No. 7914 for the year 2011). These are: all workers covered by the Labour Code except managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage. Under the immunlity decree, a worker can only be dismissed for a just cause previously approved by the Labour Inspector. Failure to do so will entail mandatory reinstatement. Thus, the option provided under the OLL to pay termination compensation in lieu of reinstatement (including the above-mentioned compensation in lieu of notice) is not available to the employer

    Notification à l'administration publique: Non

    Remarks:
    • Under the OLL, there is no general obligation to notify the labour administration prior to any dismissal.
      However, any dismissal of a worker protected by job stability must be notified to the competent labour judge (Juez de Estabilidad Laboral) within five business days of the date of the dismissal, with an indication of the reasons. . (= post-dismissal notification to a judicial body)
      In the absence of such notification, the dismissal will be deemed unjustified (art. 116 OLL).
      The employer is not bound to observe such requirement when dismissing temporary, casual workers, managers and permanent employees with less than 3 months' service.

      Notification to and authorization from the Labour Inspector is required for workers enjoying special protection (see art. 449 OLL on the general special protection against dismissal for trade union related activities (fuero sindacal), on the categories of workers entitled to such protection see: art. 451, 356, 418, 452, 617 OLL, 356 OLL, 418 OLL, 452 OLL, 617 OLL; on special protection for pregnant women and women on maternity leave, see: art. 384, on special protection during the authorized period of suspension of the employment relationship, see art. 94 and 96 OLL).

      HOWEVER, the above mentioned protection has been extended to a large number of workers by the so-called "Immunity Decrees" (Decree No. 7914 for the year 2011). These are: all workers covered by the Labour Code except managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage. Under the immunity decree, a worker can only be dismissed for a just cause previously approved by the Labour Inspector.

    Notification aux représentants des travailleurs: Non

    Autorisation de l'administration publique ou d'un organe judiciaire: Non

    Remarks:
    • Approval by the Labour Inspector is only mandatory in the event of a dismissal of a worker enjoying special protection. (see art. 449 OLL on the general special protection against dismissal for trade union related activities(fuero sindacal), on the categories of workers entitled to such protection see: art. 451, 356, 418, 452, 617 OLL, 356 OLL, 418 OLL, 452 OLL, 617 OLL; on special protection for pregnant women and women on maternity leave, see: art. 384, on special protection during the authorized period of suspension of the employment relationship, see art. 94 and 96 OLL)

    Accord des représentants des travailleurs: Non

    Notes / Remarques
    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.

    + show references

    Forme de la notification du licenciement au travailleur : écrite

    Remarks:
    • The notification of the dismissal is always mandatory and shall be done in writing (art. 105 OLL).

    Délai de préavis:
    Remarks:
    • No notice period in necessary in cases of dismissal for just cause

      The obligation to observe a notice period only applies to limited cases: in respect of managers and employees who have less than 3 months' service when their employment relationship ends for unjustified dismissal or for economic or technological reasons . (art. 104 OLL and art. 36 OLLR)
      For those employees, the notice period is established as follows:
      * after one month's service, one week;
      * after six months' service, two weeks;
      * after one year's service, one month;
      * after five years' service, two months; and
      * after ten years' service, three months.

      • ancienneté ≥ 6 mois
        • licenciement économique - 2 semaine(s) .
      • ancienneté ≥ 9 mois
        • licenciement économique - 2 semaine(s) .
      • ancienneté ≥ 2 ans
        • licenciement économique - 1 mois .
      • ancienneté ≥ 4 ans
        • licenciement économique - 1 mois .
      • ancienneté ≥ 5 ans
        • licenciement économique - 2 mois .
      • ancienneté ≥ 10 ans
        • licenciement économique - 3 mois .
      • ancienneté ≥ 20 ans
        • licenciement économique - 3 mois .

      Indemnité compensatrice de préavis : Oui

      Remarks:
      • 1) Workers who do not enjoy employment stability under the OLL and dismissed without a just cause or for economic reasons:
        If the notice period requirement is not complied with by the employer, the employee should be paid a sum equivalent to the remuneration he or she would have received during the corresponding period (sec. 106, OLL).

        2) Workers who enjoy employment stability (all workers covered by the OLL under a permanent contract with more than 3 months' service who are not managers):
        Even though the notice period requirements do not apply to the dismissal those workers, if they are dismissed by way of unjustified dismissal (= for a reason other than a just cause), as part of the dismissal compensation package, in addition to compensation for unfair dismissal, they are entitled to compensation in lieu of notice. The employer can pay has the option either to pay it at the time of the dismissal or after the judge has declared the dismissal unjustified.
        The amount of such compensation correspond to a "fictional notice period" which is higher that the notice period foreseen for workers not covered by job stability. It is established as follows (art. 125 OLL:
        - 15 day's wages if the length of service is more than 1 month and less than 6 months;
        - 30 days' wages if the length of service is between 6 and less than 1 year;
        - 45 days' wages if the length of service is at least 1 years;
        - 60 days' wages if the length of service is at least 2 years but not more than 10 years;
        - 90 days' wages if the length of service is more than 10 years.
        HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree (Decree No. 7154 for the year 2010). These are: all workers covered by the Labour Code except managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage. Under the immunlity decree, a worker can only be dismissed for a just cause previously approved by the Labour Inspector. Failure to do so will entail mandatory reinstatement. Thus, the option provided under the OLL to pay termination compensation in lieu of reinstatement (including the above-mentioned compensation in lieu of notice) is not available to the employer

      Notification à l'administration publique: Non

      Remarks:
      • Under the OLL, there is no general obligation to notify the labour administration prior to any dismissal.
        However, any dismissal of a worker protected by job stability must be notified to the competent labour judge (Juez de Estabilidad Laboral) within five business days of the date of the dismissal, with an indication of the reasons. . (= post-dismissal notification to a judicial body)
        In the absence of such notification, the dismissal will be deemed unjustified (art. 116 OLL).
        The employer is not bound to observe such requirement when dismissing temporary, casual workers, managers and permanent employees with less than 3 months' service.

        Notification to and authorization from the Labour Inspector is required for workers enjoying special protection (see art. 449 OLL on the general special protection against dismissal for trade union related activities (fuero sindacal), on the categories of workers entitled to such protection see: art. 451, 356, 418, 452, 617 OLL, 356 OLL, 418 OLL, 452 OLL, 617 OLL; on special protection for pregnant women and women on maternity leave, see: art. 384, on special protection during the authorized period of suspension of the employment relationship, see art. 94 and 96 OLL).

        HOWEVER, the above mentioned protection has been extended to a large number of workers by the so-called "Immunity Decrees" (Decree No. 7154 for the year 2010). These are: all workers covered by the Labour Code except managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage. Under the immunity decree, a worker can only be dismissed for a just cause previously approved by the Labour Inspector.

      Notification aux représentants des travailleurs: Non

      Autorisation de l'administration publique ou d'un organe judiciaire: Non

      Remarks:
      • Approval by the Labour Inspector is only mandatory in the event of a dismissal of a worker enjoying special protection. (see art. 449 OLL on the general special protection against dismissal for trade union related activities(fuero sindacal), on the categories of workers entitled to such protection see: art. 451, 356, 418, 452, 617 OLL, 356 OLL, 418 OLL, 452 OLL, 617 OLL; on special protection for pregnant women and women on maternity leave, see: art. 384, on special protection during the authorized period of suspension of the employment relationship, see art. 94 and 96 OLL)

      Accord des représentants des travailleurs: Non

      Notes / Remarques
      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 2010) dating 23 December 2009 (No. 7154) covering the period from 1 January 2010 to 31 December 2010.
      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.

      + show references

      Forme de la notification du licenciement au travailleur : écrite

      Remarks:
      • The notification of the dismissal is always mandatory and shall be done in writing (art. 105 OLL).

      Délai de préavis:
      Remarks:
      • No notice period in necessary in cases of dismissal for just cause

        The obligation to observe a notice period only applies to limited cases: in respect of managers and employees who have less than 3 months' service when their employment relationship ends for unjustified dismissal or for economic or technological reasons . (art. 104 OLL and art. 36 OLLR)
        For those employees, the notice period is established as follows:
        * after one month's service, one week;
        * after six months' service, two weeks;
        * after one year's service, one month;
        * after five years' service, two months; and
        * after ten years' service, three months.

        • ancienneté ≥ 6 mois
          • licenciement économique - 2 semaine(s) .
        • ancienneté ≥ 9 mois
          • licenciement économique - 2 semaine(s) .
        • ancienneté ≥ 2 ans
          • licenciement économique - 1 mois .
        • ancienneté ≥ 4 ans
          • licenciement économique - 1 mois .
        • ancienneté ≥ 5 ans
          • licenciement économique - 2 mois .
        • ancienneté ≥ 10 ans
          • licenciement économique - 3 mois .
        • ancienneté ≥ 20 ans
          • licenciement économique - 3 mois .

        Indemnité compensatrice de préavis : Oui

        Remarks:
        • 1) Workers who do not enjoy employment stability under the OLL and dismissed without a just cause or for economic reasons:
          If the notice period requirement is not complied with by the employer, the employee should be paid a sum equivalent to the remuneration he or she would have received during the corresponding period (sec. 106, OLL).

          2) Workers who enjoy employment stability (all workers covered by the OLL under a permanent contract with more than 3 months' service who are not managers):
          Even though the notice period requirements do not apply to the dismissal those workers, if they are dismissed by way of unjustified dismissal (= for a reason other than a just cause), as part of the dismissal compensation package, in addition to compensation for unfair dismissal, they are entitled to compensation in lieu of notice. The employer can pay has the option either to pay it at the time of the dismissal or after the judge has declared the dismissal unjustified.
          The amount of such compensation correspond to a "fictional notice period" which is higher that the notice period foreseen for workers not covered by job stability. It is established as follows (art. 125 OLL:
          - 15 day's wages if the length of service is more than 1 month and less than 6 months;
          - 30 days' wages if the length of service is between 6 and less than 1 year;
          - 45 days' wages if the length of service is at least 1 years;
          - 60 days' wages if the length of service is at least 2 years but not more than 10 years;
          - 90 days' wages if the length of service is more than 10 years.
          HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree (Decree No. 6603 for the year 2009). These are: all workers covered by the Labour Code except managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage. Under the immunlity decree, a worker can only be dismissed for a just cause previously approved by the Labour Inspector. Failure to do so will entail mandatory reinstatement. Thus, the option provided under the OLL to pay termination compensation in lieu of reinstatement (including the above-mentioned compensation in lieu of notice) is not available to the employer

        Notification à l'administration publique: Non

        Remarks:
        • Under the OLL, there is no general obligation to notify the labour administration prior to any dismissal.
          However, any dismissal of a worker protected by job stability must be notified to the competent labour judge (Juez de Estabilidad Laboral) within five business days of the date of the dismissal, with an indication of the reasons. . (= post-dismissal notification to a judicial body)
          In the absence of such notification, the dismissal will be deemed unjustified (art. 116 OLL).
          The employer is not bound to observe such requirement when dismissing temporary, casual workers, managers and permanent employees with less than 3 months' service.

          Notification to and authorization from the Labour Inspector is required for workers enjoying special protection (see art. 449 OLL on the general special protection against dismissal for trade union related activities (fuero sindacal), on the categories of workers entitled to such protection see: art. 451, 356, 418, 452, 617 OLL, 356 OLL, 418 OLL, 452 OLL, 617 OLL; on special protection for pregnant women and women on maternity leave, see: art. 384, on special protection during the authorized period of suspension of the employment relationship, see art. 94 and 96 OLL).

          HOWEVER, the above mentioned protection has been extended to a large number of workers by the so-called "Immunity Decrees" (Decree No. 6603 for the year 2009). These are: all workers covered by the Labour Code except managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage. Under the immunity decree, a worker can only be dismissed for a just cause previously approved by the Labour Inspector.

        Notification aux représentants des travailleurs: Non

        Autorisation de l'administration publique ou d'un organe judiciaire: Non

        Remarks:
        • Approval by the Labour Inspector is only mandatory in the event of a dismissal of a worker enjoying special protection. (see art. 449 OLL on the general special protection against dismissal for trade union related activities(fuero sindacal), on the categories of workers entitled to such protection see: art. 451, 356, 418, 452, 617 OLL, 356 OLL, 418 OLL, 452 OLL, 617 OLL; on special protection for pregnant women and women on maternity leave, see: art. 384, on special protection during the authorized period of suspension of the employment relationship, see art. 94 and 96 OLL)

        Accord des représentants des travailleurs: Non

        Notes / Remarques
        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 legislative provisions on dismissal, the dismissal system was amended by presidential decrees enacted at regular interval since 2002, usually with one-year validity, the latest (as of 2009) having been adopted on 29 December 2008 (No. 6603) covering the period from 1 January 2009 to 31 December 2009.
        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.