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Venezuela, República Bolivariana de - Vías de recurso y procedimientos contenciosos en casos de litigios individuales
+ show references
- Organic Labour Law [OLL], 20 December 1990 , consolidated version, as amended by the 1997 reform (Ley Organica del Trabajo - available in Spanish)
Fecha: 18 Jun 1997 (ver en NATLEX
»)
- Organic Labour Law Regulation [OLLR], 28 april 2006.
(Reglamento de la Ley Organica del Trabajo - available in Spanish)
Fecha: 28 Apr 2006; ver la pagina web
»
- Organic Labour Procedure Law [OLPL], 13 August 2002 (Ley Orgánica Procesal del Trabajo - available in Spanish),
Fecha: 13 Aug 2002 (ver en NATLEX
»)
- Presidential Decree No 7154 of 23 December 2009 [Decree providing certain workers with immunity from dismissal for the year 2010]
Fecha: 23 Dec 2009; ver la pagina web
»
Compensación por despido injustificado - libre determinación de la Corte: No
Compensación por despido injustificado - límites legales (techo calculado en meses o método de calculo)
:
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.
Posibilidad de readmisión: Sí
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.
Conciliación previa obligatoria: Sí
Remarks: - Art. 117 OLL and art 133 of OLPL: preliminary mandatory conciliation before the Judge.
Corte o Tribunal competente
: tribunal del trabajo
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.
Arbitraje: Sí
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.
Notas / Comentarios
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
- Organic Labour Law [OLL], 20 December 1990 , consolidated version, as amended by the 1997 reform (Ley Organica del Trabajo - available in Spanish)
Fecha: 18 Jun 1997 (ver en NATLEX
»)
- Organic Labour Law Regulation [OLLR], 28 april 2006.
(Reglamento de la Ley Organica del Trabajo - available in Spanish)
Fecha: 28 Apr 2006; ver la pagina web
»
- Presidential Decree No. 6603 dated 29 December 2008 [Immobility Decree] (available in Spanish only)
Fecha: 29 Dec 2008
- Organic Labour Procedure Law [OLPL], 13 August 2002 (Ley Orgánica Procesal del Trabajo - available in Spanish),
Fecha: 13 Aug 2002 (ver en NATLEX
»)
Compensación por despido injustificado - libre determinación de la Corte: No
Compensación por despido injustificado - límites legales (techo calculado en meses o método de calculo)
:
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 (sec. 125, BLA).
Posibilidad de readmisión: Sí
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).
Conciliación previa obligatoria: Sí
Remarks: - Art. 117 OLL and art 133 of OLPL: preliminary mandatory conciliation before the Judge.
Corte o Tribunal competente
: tribunal del trabajo
Remarks: - See art. 116-117 OLL. See also OLPL, Title II, and Title VIII, art. 191 to 215.
Arbitraje: Sí
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.
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