Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Venezuela, Bolivarian Republic of - 2011
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- Organic Labour Law [OLL], 20 December 1990 , consolidated version, as amended by the 1997 reform (Ley Organica del Trabajo - available in Spanish)
Date: 18 Jun 1997 (view in NATLEX »)
- Organic Labour Law Regulation [OLLR], 28 april 2006.
(Reglamento de la Ley Organica del Trabajo - available in Spanish)
Date: 28 Apr 2006; view website »
- Organic Labour Procedure Law [OLPL], 13 August 2002 (Ley Orgánica Procesal del Trabajo - available in Spanish),
Date: 13 Aug 2002 (view in NATLEX »)
- Presidential Decree No 7914 of 16 December 2010 [Decree providing certain workers with immunity from dismissal for the year 2011]
Date: 16 Dec 2010; view website »
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.
Reinstatement available: Yes
Preliminary mandatory conciliation: Yes
Competent court(s) / tribunal(s): labour court
Existing arbitration: Yes
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.