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

Venezuela, Bolivarian Republic of - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
If the employer insists on dismissing the worker after the judge has declared the dismissal unjustified, the employer must pay, in addition to the salaries which the worker would have earned during the legal proceedings, compensation amounting to ten days' wages if the employee's length of service is between three and six months; 30 days' wages if the length of service is six months or more, and then 30 days' wages for each year of service, up to a maximum of 150 days' wages.

Remarks:
  • Art. 125 OLL.

    HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree namely: 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 and payment of back wages.

Reinstatement available: Yes

Remarks:
  • Reinstatement can be requested before the Labour judge by the worker (art. 116 OLL). However, employers with less than 10 employees are not obliged to reinstate the worker provided that they pay compensation (art. 117 OLL).

    HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree namely: 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, prior to any dismissal, the employer must request authorization from the Labour Inspector who will only grant it if there is a just cause.If the employer fails to do so, the Labour Inspect will order reinstatement and payment of back wages.

Preliminary mandatory conciliation: Yes

Remarks:
  • Art. 117 OLL and art 133 of OLPL: preliminary mandatory conciliation before the Judge.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 116-117 OLL: labour stability judge (Juez de Estabilidad Laboral).

    HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree namely: 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, prior to any dismissal, the employer must request authorization from the Labour Inspector who will only grant it if there is a just cause.If the employer fails to do so, the Labour Inspect will order reinstatement and payment of back wages.

Existing arbitration: Yes

Remarks:
  • The OLPL provides for the possibility to refer the dispute to arbitration in the course of the legal proceedings before the judge.
    Art. 133 OLPL and 135-149 OLPL.

    NOT APPLICABLE to workers covered by the Immunity Decree.

Notes / Remarks
HOWEVER, the rules described in this section are those provided in the OLL. They do not apply to workers covered by the immunity decree namely: 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, prior to any dismissal, the employer must request authorization from the Labour Inspector who will only grant it if there is a just cause.If the employer fails to do so, the Labour Inspect will order reinstatement and payment of back wages.

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
If the employer insists on dismissing the worker after the judge has declared the dismissal unjustified, the employer must pay, in addition to the salaries which the worker would have earned during the legal proceedings, compensation amounting to ten days' wages if the employee's length of service is between three and six months; 30 days' wages if the length of service is six months or more, and then 30 days' wages for each year of service, up to a maximum of 150 days' wages.

Remarks:
  • Art. 125 OLL.

    HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree namely: 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 and payment of back wages.

Reinstatement available: Yes

Remarks:
  • Reinstatement can be requested before the Labour judge by the worker (art. 116 OLL). However, employers with less than 10 employees are not obliged to reinstate the worker provided that they pay compensation (art. 117 OLL).

    HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree namely: 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, prior to any dismissal, the employer must request authorization from the Labour Inspector who will only grant it if there is a just cause.If the employer fails to do so, the Labour Inspect will order reinstatement and payment of back wages.

Preliminary mandatory conciliation: Yes

Remarks:
  • Art. 117 OLL and art 133 of OLPL: preliminary mandatory conciliation before the Judge.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 116-117 OLL: labour stability judge (Juez de Estabilidad Laboral).

    HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree namely: 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, prior to any dismissal, the employer must request authorization from the Labour Inspector who will only grant it if there is a just cause.If the employer fails to do so, the Labour Inspect will order reinstatement and payment of back wages.

Existing arbitration: Yes

Remarks:
  • The OLPL provides for the possibility to refer the dispute to arbitration in the course of the legal proceedings before the judge.
    Art. 133 OLPL and 135-149 OLPL.

    NOT APPLICABLE to workers covered by the Immunity Decree.

Notes / Remarks
HOWEVER, the rules described in this section are those provided in the OLL. They do not apply to workers covered by the immunity decree namely: 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, prior to any dismissal, the employer must request authorization from the Labour Inspector who will only grant it if there is a just cause.If the employer fails to do so, the Labour Inspect will order reinstatement and payment of back wages.

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
If the employer insists on dismissing the worker after the judge has declared the dismissal unjustified, the employer must pay, in addition to the salaries which the worker would have earned during the legal proceedings, compensation amounting to ten days' wages if the employee's length of service is between three and six months; 30 days' wages if the length of service is six months or more, and then 30 days' wages for each year of service, up to a maximum of 150 days' wages.

Remarks:
  • Art. 125 OLL.

    HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree namely: 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 and payment of back wages.

Reinstatement available: Yes

Remarks:
  • Reinstatement can be requested before the Labour judge by the worker (art. 116 OLL). However, employers with less than 10 employees are not obliged to reinstate the worker provided that they pay compensation (art. 117 OLL).

    HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree namely: 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, prior to any dismissal, the employer must request authorization from the Labour Inspector who will only grant it if there is a just cause.If the employer fails to do so, the Labour Inspect will order reinstatement and payment of back wages.

Preliminary mandatory conciliation: Yes

Remarks:
  • Art. 117 OLL and art 133 of OLPL: preliminary mandatory conciliation before the Judge.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 116-117 OLL: labour stability judge (Juez de Estabilidad Laboral).

    HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree namely: 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, prior to any dismissal, the employer must request authorization from the Labour Inspector who will only grant it if there is a just cause.If the employer fails to do so, the Labour Inspect will order reinstatement and payment of back wages.

Existing arbitration: Yes

Remarks:
  • The OLPL provides for the possibility to refer the dispute to arbitration in the course of the legal proceedings before the judge.
    Art. 133 OLPL and 135-149 OLPL.

    NOT APPLICABLE to workers covered by the Immunity Decree.

Notes / Remarks
HOWEVER, the rules described in this section are those provided in the OLL. They do not apply to workers covered by the immunity decree namely: 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, prior to any dismissal, the employer must request authorization from the Labour Inspector who will only grant it if there is a just cause.If the employer fails to do so, the Labour Inspect will order reinstatement and payment of back wages.