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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


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Venezuela, Bolivarian Republic of - 2019    

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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):
Article 142 (c) OLL provides that “in case of termination of the working relationship, whatever the cause is, benefits will be calculated on the basis of 30 days per year of work or fraction over six months calculated by reference to the last salary”. However the application of this provision raises some difficulties in practice. Article 6 of the Immunity Decree No. 3.708 establishes that in case of unjustified dismissal the worker will be able to opt for reinstatement. Article 9 provides that the employers who do will be sanctioned on the basis of Article 531 (violation of worker’s immobility), Article 532 (disregard of a public worker’s order) or Article 538 (causes of arrest - including disregarding the obligation of reinstatement) OLL.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes