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

Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Venezuela, Bolivarian Republic of - 2011    

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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.

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.