La OIT es una agencia especializada de las Naciones Unidas
ILO-es-strap
Volver a la página de entrada
Site map | Contact us English | français
> DIALOGUE - página de entrada > EPLex: una base de datos sobre la legislación de protección del empleo > Venezuela, República Bolivariana de

Venezuela, República Bolivariana de - Indemnización por despido e indemnización especifica por despidos económicos


+ show references

Indemnización por despido:
Remarks:
  • Upon termination of employement, under the OLL, the workers are entitled to a number of benefits, some of which are payable (except for pro-rated vacation days) regardless of the cause for for termination as they are considered "vested rights", namely:
    - vacation-related benefits (art. 223-225 OLL): i)
    unused vacation days and corresponding vacation bonuses, ii) prorated vacation and corresponding prorated vacation bonus (except in case of just cause dismissal)
    - earned or prorated profit sharing (art. 174 LOT)
    - seniority award (art. 108 OLL- applicable rules described below)
    In addition, depending on on whether the employee enjoys job stability and on the reason for the dismissal, dismissed workers may be entitled to compensation for unjustified dismissal (which can be paid in advance) and a payment in lieu of advance notice. For the purpose of this database, only those two indemnities have been included under severance pay.

    1) Employees enjoying job stability (permanent worker's with more than 3 months' service not holding managerial positions):

    A) Dismissal for a just cause:
    No entitlement to compensation for notice nor to compensation for unjustified dismissal.

    B) Unjustified dismissal:
    A worker is entitled to both compensation for unjustified dismissal and compensation in lieu of advanced notice.

    i) compensation for unfair dismissal: The employer can, upon termination of employment, acknowledges that the dismissal is unjustified and pays such compensation. In such cases, there will be no remedy for unjustified dismissal available to the worker before a Court. Such compensation is calculated as follows (art. 125-126 OLL):
    * 10 days' wages if the employee's length of service is between 3 and 6 months;
    * 30 days' wages if the length of service is 6 months or more,
    *and then 30 days' wages for each year of service, up to a maximum of 150 days' wages.
    Justified dismissal or termination for economic reasons do not give rise to such indemnities.

    ii) compensation in lieu of advanced notice:
    Even though the notice period requirements do not apply, workers dismissed by way of unjustified dismissal are entitled to as part of the dismissal compensation package, they are entitled to compensation in lieu of notice in addition to compensation for unjustified dismissal. The employer can pay has the option either to pay it at the time of the dismissal or after the judge has declared the dismissal unjustified.
    The amount of such compensation correspond to a "fictional notice period" which is higher that the notice period foreseen for workers not covered by job stability. It is established as follows (art. 125 OLL)
    - 15 day's wages if the length of service is more than 1 month and less than 6 months;
    - 30 days' wages if the length of service is between 6 and less than 1 year;
    - 45 days' wages if the length of service is at least 1 years;
    - 60 days' wages if the length of service is at least 2 years but not more than 10 years;
    - 90 days' wages if the length of service is more than 10 years.

    2) Workers who do not enjoy job stability:
    No entitlement to compensation for unjustified dismissal nor to the above mentioned special compensation in lieu of advance notice provided in art. 125 OLL.

    Upon termination and regardless of the cause of termination, every worker is entitled to a seniority award (prestaciòn de antigüedad): art. 108 OLL.

    HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree (Decree No. 7914 for the year 2011).
    These are: 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.


    [NB: The amounts indicated below correspond to the payment to be made upon an unjustified dismissal of a worker enjoying job stability. They do not include seniority payments]
  • duración de servicio ≥ 6 meses: 60 día(s)
  • duración de servicio ≥ 9 meses: 60 día(s)
  • duración de servicio ≥ 1 año: 75 día(s)
  • duración de servicio ≥ 2 años: 120 día(s)
  • duración de servicio ≥ 4 años: 180 día(s)
  • duración de servicio ≥ 5 años: 210 día(s)
  • duración de servicio ≥ 10 años: 240 día(s)
  • duración de servicio ≥ 20 años: 240 día(s)

Indemnización por despido por razones económicas:

Remarks:
  • Art. 44 OLLR states that redundancy payment should be determined during the conciliation procedures in the Conciliation Board.

Notas / Comentarios
1) dismissal with cause (reference to valid grounds): no severance pay
2) dismissal for economic reasons: redundancy payment
3) dismissal without cause: compensation for unfair dismissal and compensation in lieu of advance notice . Both can be payed in advance by the employer at the time of the dismissal. In that case, no legal action for challenging the dismissal will be available to the employee (Art. 126 OLL)

HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree (Decree No. 7914 for the year 2011).These are: 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.

Note on seniority payment (art. 108 OLL):
- Employees are entitled (not changed by the immunity Decree) to a seniority payment equivalent to five (5) days of salary for each full month of service starting from the fourth month of service include ( i.e., 45 days of salary for the first full year of service, and 60 days of salary for each additional year). These payments are deposited into a fund or accrued into the company accounts, and are not paid until the employment ends, although part can be requested in advance to attend to certain housing, educational, and medical needs.
In addition, from the second year of service, employees are entitled to 2 additional days of salary per year, or fraction of a year greater than 6 months, up to a maximum of 30 additional days.
- Upon termination of employment regardless of its cause, the employee has the right to be paid the seniority payment that has been credited on the books of the employer or has been deposited in his/her name in that specific year employment ends, in the following manner:
* if employee's seniority is more than 3 months and up to 6 months, the employer must pay 15 days of salary or the difference not yet credited or deposited,
* if employee's seniority is more than 6 months and up to 1 year, the employer must pay 45 days of salary or the difference not yet credited or deposited,
* if employee's seniority is more than one year, the employer must pay 60 days of salary or the difference not yet credited or deposited provided that the employee worked for at least 6 months during that year.

+ show references

Indemnización por despido:
Remarks:
  • Upon termination of employement, under the OLL, the workers are entitled to a number of benefits, some of which are payable (except for pro-rated vacation days) regardless of the cause for for termination as they are considered "vested rights", namely:
    - vacation-related benefits (art. 223-225 OLL): i)
    unused vacation days and corresponding vacation bonuses, ii) prorated vacation and corresponding prorated vacation bonus (except in case of just cause dismissal)
    - earned or prorated profit sharing (art. 174 LOT)
    - seniority award (art. 108 OLL- applicable rules described below)
    In addition, depending on on whether the employee enjoys job stability and on the reason for the dismissal, dismissed workers may be entitled to compensation for unjustified dismissal (which can be paid in advance) and a payment in lieu of advance notice. For the purpose of this database, only those two indemnities have been included under severance pay.

    1) Employees enjoying job stability (permanent worker's with more than 3 months' service not holding managerial positions):

    A) Dismissal for a just cause:
    No entitlement to compensation for notice nor to compensation for unjustified dismissal.

    B) Unjustified dismissal:
    A worker is entitled to both compensation for unjustified dismissal and compensation in lieu of advanced notice.

    i) compensation for unfair dismissal: The employer can, upon termination of employment, acknowledges that the dismissal is unjustified and pays such compensation. In such cases, there will be no remedy for unjustified dismissal available to the worker before a Court. Such compensation is calculated as follows (art. 125-126 OLL):
    * 10 days' wages if the employee's length of service is between 3 and 6 months;
    * 30 days' wages if the length of service is 6 months or more,
    *and then 30 days' wages for each year of service, up to a maximum of 150 days' wages.
    Justified dismissal or termination for economic reasons do not give rise to such indemnities.

    ii) compensation in lieu of advanced notice:
    Even though the notice period requirements do not apply, workers dismissed by way of unjustified dismissal are entitled to as part of the dismissal compensation package, they are entitled to compensation in lieu of notice in addition to compensation for unjustified dismissal. The employer can pay has the option either to pay it at the time of the dismissal or after the judge has declared the dismissal unjustified.
    The amount of such compensation correspond to a "fictional notice period" which is higher that the notice period foreseen for workers not covered by job stability. It is established as follows (art. 125 OLL)
    - 15 day's wages if the length of service is more than 1 month and less than 6 months;
    - 30 days' wages if the length of service is between 6 and less than 1 year;
    - 45 days' wages if the length of service is at least 1 years;
    - 60 days' wages if the length of service is at least 2 years but not more than 10 years;
    - 90 days' wages if the length of service is more than 10 years.

    2) Workers who do not enjoy job stability:
    No entitlement to compensation for unjustified dismissal nor to the above mentioned special compensation in lieu of advance notice provided in art. 125 OLL.

    Upon termination and regardless of the cause of termination, every worker is entitled to a seniority award (prestaciòn de antigüedad): art. 108 OLL.

    HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree (Decree No. 7154 for the year 2010). These are: 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.

    [NB: The amounts indicated below correspond to the payment to be made upon an unjustified dismissal of a worker enjoying job stability. They do not include seniority payments]
  • duración de servicio ≥ 6 meses: 60 día(s)
  • duración de servicio ≥ 9 meses: 60 día(s)
  • duración de servicio ≥ 1 año: 75 día(s)
  • duración de servicio ≥ 2 años: 120 día(s)
  • duración de servicio ≥ 4 años: 180 día(s)
  • duración de servicio ≥ 5 años: 210 día(s)
  • duración de servicio ≥ 10 años: 240 día(s)
  • duración de servicio ≥ 20 años: 240 día(s)

Indemnización por despido por razones económicas:

Remarks:
  • Art. 44 OLLR states that redundancy payment should be determined during the conciliation procedures in the Conciliation Board.

Notas / Comentarios
1) dismissal with cause (reference to valid grounds): no severance pay
2) dismissal for economic reasons: redundancy payment
3) dismissal without cause: compensation for unfair dismissal and compensation in lieu of advance notice . Both can be payed in advance by the employer at the time of the dismissal. In that case, no legal action for challenging the dismissal will be available to the employee (Art. 126 OLL)

HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree (Decree No. 7154 for the year 2010). These are: 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.

Note on seniority payment (art. 108 OLL):
- Employees are entitled (not changed by the immunity Decree) to a seniority payment equivalent to five (5) days of salary for each full month of service starting from the fourth month of service include ( i.e., 45 days of salary for the first full year of service, and 60 days of salary for each additional year). These payments are deposited into a fund or accrued into the company accounts, and are not paid until the employment ends, although part can be requested in advance to attend to certain housing, educational, and medical needs.
In addition, from the second year of service, employees are entitled to 2 additional days of salary per year, or fraction of a year greater than 6 months, up to a maximum of 30 additional days.
- Upon termination of employment regardless of its cause, the employee has the right to be paid the seniority payment that has been credited on the books of the employer or has been deposited in his/her name in that specific year employment ends, in the following manner:
* if employee's seniority is more than 3 months and up to 6 months, the employer must pay 15 days of salary or the difference not yet credited or deposited,
* if employee's seniority is more than 6 months and up to 1 year, the employer must pay 45 days of salary or the difference not yet credited or deposited,
* if employee's seniority is more than one year, the employer must pay 60 days of salary or the difference not yet credited or deposited provided that the employee worked for at least 6 months during that year.

+ show references

Indemnización por despido:
Remarks:
  • Upon termination of employement, under the OLL, the workers are entitled to a number of benefits, some of which are payable (except for pro-rated vacation days) regardless of the cause for for termination as they are considered "vested rights", namely:
    - vacation-related benefits (art. 223-225 OLL): i)
    unused vacation days and corresponding vacation bonuses, ii) prorated vacation and corresponding prorated vacation bonus (except in case of just cause dismissal)
    - earned or prorated profit sharing (art. 174 LOT)
    - seniority award (art. 108 OLL- applicable rules described below)
    In addition, depending on on whether the employee enjoys job stability and on the reason for the dismissal, dismissed workers may be entitled to compensation for unjustified dismissal (which can be paid in advance) and a payment in lieu of advance notice. For the purpose of this database, only those two indemnities have been included under severance pay.

    1) Employees enjoying job stability (permanent worker's with more than 3 months' service not holding managerial positions):

    A) Dismissal for a just cause:
    No entitlement to compensation for notice nor to compensation for unjustified dismissal.

    B) Unjustified dismissal:
    A worker is entitled to both compensation for unjustified dismissal and compensation in lieu of advanced notice.

    i) compensation for unfair dismissal: The employer can, upon termination of employment, acknowledges that the dismissal is unjustified and pays such compensation. In such cases, there will be no remedy for unjustified dismissal available to the worker before a Court. Such compensation is calculated as follows (art. 125-126 OLL):
    * 10 days' wages if the employee's length of service is between 3 and 6 months;
    * 30 days' wages if the length of service is 6 months or more,
    *and then 30 days' wages for each year of service, up to a maximum of 150 days' wages.
    Justified dismissal or termination for economic reasons do not give rise to such indemnities.

    ii) compensation in lieu of advanced notice:
    Even though the notice period requirements do not apply, workers dismissed by way of unjustified dismissal are entitled to as part of the dismissal compensation package, they are entitled to compensation in lieu of notice in addition to compensation for unjustified dismissal. The employer can pay has the option either to pay it at the time of the dismissal or after the judge has declared the dismissal unjustified.
    The amount of such compensation correspond to a "fictional notice period" which is higher that the notice period foreseen for workers not covered by job stability. It is established as follows (art. 125 OLL)
    - 15 day's wages if the length of service is more than 1 month and less than 6 months;
    - 30 days' wages if the length of service is between 6 and less than 1 year;
    - 45 days' wages if the length of service is at least 1 years;
    - 60 days' wages if the length of service is at least 2 years but not more than 10 years;
    - 90 days' wages if the length of service is more than 10 years.

    2) Workers who do not enjoy job stability:
    No entitlement to compensation for unjustified dismissal nor to the above mentioned special compensation in lieu of advance notice provided in art. 125 OLL.

    Upon termination and regardless of the cause of termination, every worker is entitled to a seniority award (prestaciòn de antigüedad): art. 108 OLL.

    HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree (Decree No. 6603 for the year 2009). These are: 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.

    [NB: The amounts indicated below correspond to the payment to be made upon an unjustified dismissal of a worker enjoying job stability. They do not include seniority payments]
  • duración de servicio ≥ 6 meses: 60 día(s)
  • duración de servicio ≥ 9 meses: 60 día(s)
  • duración de servicio ≥ 1 año: 75 día(s)
  • duración de servicio ≥ 2 años: 120 día(s)
  • duración de servicio ≥ 4 años: 180 día(s)
  • duración de servicio ≥ 5 años: 210 día(s)
  • duración de servicio ≥ 10 años: 240 día(s)
  • duración de servicio ≥ 20 años: 240 día(s)

Indemnización por despido por razones económicas:

Remarks:
  • Art. 44 OLLR states that redundancy payment should be determined during the conciliation procedures in the Conciliation Board.

Notas / Comentarios
1) dismissal with cause (reference to valid grounds): no severance pay
2) dismissal for economic reasons: redundancy payment
3) dismissal without cause: compensation for unfair dismissal and compensation in lieu of advance notice . Both can be payed in advance by the employer at the time of the dismissal. In that case, no legal action for challenging the dismissal will be available to the employee (Art. 126 OLL)

HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree (Decree No. 6603 for the year 2009). These are: 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.

Note on seniority payment (art. 108 OLL):
- Employees are entitled (not changed by the immunity Decree) to a seniority payment equivalent to five (5) days of salary for each full month of service starting from the fourth month of service include ( i.e., 45 days of salary for the first full year of service, and 60 days of salary for each additional year). These payments are deposited into a fund or accrued into the company accounts, and are not paid until the employment ends, although part can be requested in advance to attend to certain housing, educational, and medical needs.
In addition, from the second year of service, employees are entitled to 2 additional days of salary per year, or fraction of a year greater than 6 months, up to a maximum of 30 additional days.
- Upon termination of employment regardless of its cause, the employee has the right to be paid the seniority payment that has been credited on the books of the employer or has been deposited in his/her name in that specific year employment ends, in the following manner:
* if employee's seniority is more than 3 months and up to 6 months, the employer must pay 15 days of salary or the difference not yet credited or deposited,
* if employee's seniority is more than 6 months and up to 1 year, the employer must pay 45 days of salary or the difference not yet credited or deposited,
* if employee's seniority is more than one year, the employer must pay 60 days of salary or the difference not yet credited or deposited provided that the employee worked for at least 6 months during that year.