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Venezuela - Maternity protection - 2011


LAST UPDATE

22 November 2011

SOURCES


Name of Act

Organic Labour Act of 27 November 1990, as amended up to Organic Labour Act of 19 June 1997 (Official Gazette 5152)

Name of Act

Organic Act on Social Security System of 20 December 2002 (Ley Orgánica del Sistema de Seguridad Social, Gaceta Oficial n°37600)

Name of Act

Law on Equal Opportunities for Women
(Ley de Igualdad de Oportunidades para la Mujer, Gaceta Oficial n°5.398 extraordinaria del 26 de Octubre de 1999).

Name of Act

Organic Labour Act, 27 November 1990 (Gaceta Oficial No. 4240, extraordinary, 20 December 1990, pp. 1-75) as amended by Organic Labour Law, June 19, 1997, Official Gazette 5152, June 19, 1997.

Name of Act

Decree No. 1290 regulating health and safety at work, 18 December 1968, (Gaceta Oficial No. 1257, extraordinary, 15 January 1969, p. 1) in amended form until Decree No. 1563, 31 December 1973 (Gaceta Oficial No. 631, extraordinary, 31 December 1973).
PDF not available.

Name of Act

Organic Act on Social Security System of 20 December 2002 (Ley Orgánica del Sistema de Seguridad Social, Gaceta Oficial n°37600)

Name of Act

Law for equality of opportunities for women, Official registry No. 5.398 of October the 26th of 1999.
(Ley de Igualdad de oportunidades para la mujer)

Name of Act

Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.

Name of Act

Special Law to Dignify the work of concierges, Official registry No. 39.668 of May 20 of 2011.
(Ley Especial para la Dignificacion de Trabajadoras y Trabajadores Residenciales, publicada en la Gaceta Oficial de la Republica Bolivariana de Venezuela No.39.668 of 06/05/2011.

Name of Act

Law to Protect and to Promote breastfeeding, official registry No.38.763 of September 6 of 2007.
(Ley para Proteger y Promover la Lactancia Gaceta Oficial Nº 38.763 del 6 de septiembre de 2007

Name of Act

Organic Law to protect children and adolescents, Official registry 5.859 extraordinary of 2007.
LEY ORGÁNICA PARA LA PROTECCIÓN
DE NIÑOS, NIÑAS Y ADOLESCENTES
G.O. (5.859 Extraordinaria) 10/12/2007

Name of Act

Name of Act

Organic Act of Prevention, Environment and Working Conditions, official registry 38.236 of July 26 of 2005.
(Ley Organica de Prevencion, Condiciones y Medio Ambiente de Trabajo LOCYMAT, Gaceta oficial 38.236 del 26 de julio de 2005.

Name of Act

Law of Partial Reform Law of Decree No. 6266 with Rank, Value and Force of Law reforming the Social Security Act. Official registry No.5.976 of May 24 of 2010.
Ley de Reforma Parcial del Decreto No.6.266 con Rango, Valor y Fuerza de Ley de Reforma Parcial de la Ley del Seguro Social. Gaceta oficial No.5.976 Extraordinario del 24 de Mayo de 2010.

Name of Act

Decree No. 6266 with Rank, Value and Force of Law reforming the Social Security Act. Official registry No.5.891 Extraordinary of July 31 of 2008.

Name of Act

Decree No.5.370 of May 30 2007 establishing an exceptional and temporary program in favor of women aged 65 years or older.

Name of Act

Law of Employment Benefits Regime, official registry No.38.281 of September 27 of 2005.
Ley del Regimen Prestacional de Empleo, Gaceta oficial No.38.281 del 27 de Septiembre de 2005.

Name of Act

Decree No.2.814 of February 25 of 1993 Partial amendment of the Regulation of the Social Security Law.
Decreto No.2.814 del 25 de febrero de 1993.

Name of Act

General Regulation of the Law of Social Insurance in force since April de 1st of 1993.

Other source used

Other source used

Venezuelan Institute of Social Security

MATERNITY LEAVE


Scope

The maternity protection provided by the Organic Labour Act applies to all workers in the private sector and also public sector (who enjoy the benefits of this Act for situations not covered by their own regulations). The armed forces aren’t covered by the Labour Act.
Domestic workers are also covered as well as concierges.
Organic Labour Act §7,8
Special Law to Dignify the work of concierges, Official registry No. 39.668 of May 20 of 2011.
(Ley Especial para la Dignificacion de Trabajadoras y Trabajadores Residenciales, publicada en la Gaceta Oficial de la Republica Bolivariana de Venezuela No.39.668 of 06/05/2011.

Qualifying conditions

There are not qualifying conditions in order to be entitled with maternity leave.
Organic Labour Act

Duration


Compulsory leave

The duration of Maternity leave (18 weeks) is compulsory. The total duration can be enjoyed after confinement.
Organic Labour Act §386

General total duration

Th worker is entitled to a maternity leave of 18 weeks (6 weeks before and 12 weeks after confinement)
Organic Labour Act §385
Historical data (year indicates year of data collection)
  • 2009: Th worker is entitled to a maternity leave of 18 weeks (6 weeks before and 12 weeks after confinement)
  • 2004: Eighteen weeks
  • 1998: Eighteen weeks
  • 1994: Eighteen weeks

Extension

If a woman worker does not use all her prenatal leave, through medical authorization or because confinement takes place before the due date, the unused time shall be added to the postnatal period if confinement occurs after the due date, the period of prenatal leave shall be extended until confinement takes place and the amount of postnatal leave shall not be reduced.
Organic Labour Act §386, 388

Leave in case of illness or complications

In the case of illness resulting from pregnancy or confinement, the woman shall be entitled to leave for a further unspecified period.
Organic Labour Act §385

RELATED TYPES OF LEAVE


Parental leave

Not provided.
Organic Labour Act
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.

Paternity leave

Fathers, will enjoy a paternity leave of fourteen (14) continuous days, since the date of born of his child.
This right also covers adoptive fathers.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Scope

The norm talk about fathers and there is not an express previous or general scope at the beginning of the norm.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Qualifying conditions

The male worker shall present to his employer a medical certificate regarding the date of born of his child as well as his condition of father of this child.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Length

14 continuous days.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Adoption leave


Scope

Women workers in the public and private sectors, except the armed forces, who are covered by separate regulations establishing the benefits to which they are entitled and which may not be less than those of workers covered by the Labour Act.
Regarding fathers, the norm creating the paternity leave only mentions fathers without further details.
Organic Labour Act § 7,8
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Qualifying conditions

There has not been established conditions for adoption leave for mothers.
Adoptive fathers shall present to their employers a medical certificate regarding the date of born of the child as well as his condition of father of this child.
Organic Labour Act §387
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Length

A woman worker who adopts a child under three years of age shall be entitled to maternity leave for up to ten weeks.
A man who adopts a child under three years of age shall be entitled with paternity leave for fourteen continuous days.
Organic Labour Act §387
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

RIGHT TO PART-TIME WORK


General provisions

There are not legal provisions entitling pregnant workers or nursing mothers to apply for part-time working hours.
Organic Labour Act
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.

CASH BENEFITS


Maternity leave benefits


Scope

This Law governs the legal relationships and situations on the occasion
of protection of Social Security affiliates and their beneficiaries in
contingencies of maternity, old age, survivors, sickness, accidents,
disability, death, retirement, severance or unemployment.

They are protected by compulsory social insurance, permanent workers
under the jurisdiction of an employer without considering if is urban or rural sector.

By Regulation or Special Decree, the National Executive(President) may extend the scope to other categories of workers.

Par. 1: The National Executive will apply the compulsory social security regime to home-workers and domestic workers both casual or temporary.

Par. 2: The National Executive shall establish the Social Security
Optional for non-dependent workers and for non working women workers on the occasion of motherhood.

Article 3: People who serve the nation, states, territories,
Capital District, municipalities, autonomous institutions and people in general public moral, are covered by the Social Security system
Mandatory in cases of cash benefits for disability or partial incapacity, old age, survivors and marriage.

Insurance will apply medical care and cash benefits for temporary incapacity(maternity), when the Executive sees fit. To this end take the measures necessary to incorporate the healthcare services of the Ministries, Autonomous institutions and other public entities of the Venezuelan Institute Social Insurance.

For purposes of this Act, institutions and corporations above shall be considered employers.
All matters relating to the welfare and social security and members of the National Armed Forces will continue to be governed by special laws.

The members of producer cooperatives as well as employees of trade unions are also covered by this Social Security norm.

The National Executive will dictate the conditions and requirements for implementation of Compulsory Social Security in the cooperatives mentioned above.
Law of Partial Reform Law of Decree No. 6266 with Rank, Value and Force of Law reforming the Social Security Act. Official registry No.5.976 of May 24 of 2010.
Ley de Reforma Parcial del Decreto No.6.266 con Rango, Valor y Fuerza de Ley de Reforma Parcial de la Ley del Seguro Social. Gaceta oficial No.5.976 Extraordinario del 24 de Mayo de 2010. §1,2,3,4
Decree No. 6266 with Rank, Value and Force of Law reforming the Social Security Act. Official registry No.5.891 Extraordinary of July 31 of 2008. §1,2,3,4

Qualifying conditions

The Organic Act on Social Security norm does not establish any qualifying condition to receive this benefit. Nevertheless, it is said that a regulation may stipulates these conditions.
The web-site of the Venezuelan Institute of Social Security does not mentions any qualifying condition, and at the date this up-date has been done it has been impossible to have access to further information on any further regulation.
Organic Act on Social Security System of 20 December 2002 (Ley Orgánica del Sistema de Seguridad Social, Gaceta Oficial n°37600)
Venezuelan Institute of Social Security
Organic Labour Act

Duration

During the 18 weeks of maternity leave.
Organic Act on Social Security System of 20 December 2002 (Ley Orgánica del Sistema de Seguridad Social, Gaceta Oficial n°37600) §11

Amount

The amount cannot be lower than the wage that the worker was receiving before confinement.
Organic Act on Social Security System of 20 December 2002 (Ley Orgánica del Sistema de Seguridad Social, Gaceta Oficial n°37600) §11
Historical data (year indicates year of data collection)
  • 2009: The amount cannot be lower than the wage that the worker was receiving before confinement.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Social Security.
The system will be financed through:
Contributions paid by affiliates.
Remaining net capital for health and social security, which is accumulated for distribution and contribution of these services.
The amounts collected by way of moratorium rates originated
because of the late payment of contributions.
The amounts collected for fines, penalties or other similar nature.
Interest, rents, royalties and any other product from its assets and investments.
Organic Act on Social Security System of 20 December 2002 (Ley Orgánica del Sistema de Seguridad Social, Gaceta Oficial n°37600) §1,11,18,106
Historical data (year indicates year of data collection)
  • 2009: Social Security
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits

Not provided.
Organic Labour Act
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.

Paternity leave benefits


Scope

The law establishing the paid paternity leave talks about fathers and there is not a general, previous or special scope of the norm in order to exclude certain fathers. Nevertheless, considering that it has been established as qualifying condition the presentation by the male worker to the employer of a medical certificate regarding the date of born of the child, as well as the condition of worker as father of the child. It is possible to deduce that employees are entitled.
It is unknown whether or not there has been enacted a further Decree or Regulation on this, until the date this up-date has been done.

The Social Security governs the legal relationships and situations on the occasion of protection of Social Security affiliates and their beneficiaries in contingencies of maternity, old age, survivors, sickness, accidents,
disability, death, retirement, severance or unemployment.

They are protected by compulsory social insurance, permanent workers
under the jurisdiction of an employer without considering if is urban or rural sector.

By Regulation or Special Decree, the National Executive(President) may extend the scope to other categories of workers.

Par. 1: The National Executive will apply the compulsory social security regime to home-workers and domestic workers both casual or temporary.

Par. 2: The National Executive shall establish the Social Security
Optional for non-dependent workers and for non working women workers on the occasion of motherhood.

Article 3: People who serve the nation, states, territories,
Capital District, municipalities, autonomous institutions and people in general public moral, are covered by the Social Security system
Mandatory in cases of cash benefits for disability or partial incapacity, old age, survivors and marriage.

Insurance will apply medical care and cash benefits for temporary incapacity(maternity), when the Executive sees fit. To this end take the measures necessary to incorporate the healthcare services of the Ministries, Autonomous institutions and other public entities of the Venezuelan Institute Social Insurance.

For purposes of this Act, institutions and corporations above shall be considered employers.
All matters relating to the welfare and social security and members of the National Armed Forces will continue to be governed by special laws.

The members of producer cooperatives as well as employees of trade unions are also covered by this Social Security norm.

The National Executive will dictate the conditions and requirements for implementation of Compulsory Social Security in the cooperatives mentioned above.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9
Decree No. 6266 with Rank, Value and Force of Law reforming the Social Security Act. Official registry No.5.891 Extraordinary of July 31 of 2008. §1,2,3,4

Qualifying conditions

Medical certificate regarding the date of born of the child as well as a certificate regarding the condition of father of the child in the employee’s head.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Duration

14 days.
Eventually this paternity leave benefit may be extended for up to 14 more days in case of serious illness of the child or the mother(please read the field on leave for sickness of a child).
Law for equality of opportunities for women, Official registry No. 5.398 of October the 26th of 1999.
(Ley de Igualdad de oportunidades para la mujer) §9

Amount

100% of wages.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Financing of benefits

It is not clear whether or not this cash benefit is paid by employer’s in the form of salary during leave or by the Social Security, because neither the Decree No. 6.266 with rank and value of Law nor the Decree amending it mention paternity benefit as they expressly do with maternity benefit.

It is unknown whether a further regulation or decree has been enacted
on this subject at the time this up-date has been done.

In case this benefit is paid by the Social Security System, the Social Security System will be financed through:
Contributions paid by affiliates.
Remaining net capital for health and social security, which is accumulated for distribution and contribution of these services.
The amounts collected by way of moratorium rates originated
because of the late payment of contributions.
The amounts collected for fines, penalties or other similar nature.
Interest, rents, royalties and any other product from its assets and investments.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9
Decree No. 6266 with Rank, Value and Force of Law reforming the Social Security Act. Official registry No.5.891 Extraordinary of July 31 of 2008.
Law of Partial Reform Law of Decree No. 6266 with Rank, Value and Force of Law reforming the Social Security Act. Official registry No.5.976 of May 24 of 2010.
Ley de Reforma Parcial del Decreto No.6.266 con Rango, Valor y Fuerza de Ley de Reforma Parcial de la Ley del Seguro Social. Gaceta oficial No.5.976 Extraordinario del 24 de Mayo de 2010.

Adoption leave benefits


Scope

This Law governs the legal relationships and situations on the occasion
of protection of Social Security affiliates and their beneficiaries in
contingencies of maternity, old age, survivors, sickness, accidents,
disability, death, retirement, severance or unemployment.

They are protected by compulsory social insurance, permanent workers
under the jurisdiction of an employer without considering if is urban or rural sector.

By Regulation or Special Decree, the National Executive(President) may extend the scope to other categories of workers.

Par. 1: The National Executive will apply the compulsory social security regime to home-workers and domestic workers both casual or temporary.

Par. 2: The National Executive shall establish the Social Security
Optional for non-dependent workers and for non working women workers on the occasion of motherhood.

Article 3: People who serve the nation, states, territories,
Capital District, municipalities, autonomous institutions and people in general public moral, are covered by the Social Security system
Mandatory in cases of cash benefits for disability or partial incapacity, old age, survivors and marriage.

Insurance will apply medical care and cash benefits for temporary incapacity(maternity), when the Executive sees fit. To this end take the measures necessary to incorporate the healthcare services of the Ministries, Autonomous institutions and other public entities of the Venezuelan Institute Social Insurance.

For purposes of this Act, institutions and corporations above shall be considered employers.
All matters relating to the welfare and social security and members of the National Armed Forces will continue to be governed by special laws.

The members of producer cooperatives as well as employees of trade unions are also covered by this Social Security norm.

The National Executive will dictate the conditions and requirements for implementation of Compulsory Social Security in the cooperatives mentioned above.
Decree No. 6266 with Rank, Value and Force of Law reforming the Social Security Act. Official registry No.5.891 Extraordinary of July 31 of 2008. §,1,2,3,4
Law of Partial Reform Law of Decree No. 6266 with Rank, Value and Force of Law reforming the Social Security Act. Official registry No.5.976 of May 24 of 2010.
Ley de Reforma Parcial del Decreto No.6.266 con Rango, Valor y Fuerza de Ley de Reforma Parcial de la Ley del Seguro Social. Gaceta oficial No.5.976 Extraordinario del 24 de Mayo de 2010. §1,2,3,4

Qualifying conditions

The adoptive child shall be under 3 years of age.
Organic Labour Act §387

Duration

During the 10 weeks of Adoption leave for adoptive mothers.
During 14 days for fathers up to 14 more days in case of serious illness of the child or serious health condition of the mother.
Organic Act on Social Security System of 20 December 2002 (Ley Orgánica del Sistema de Seguridad Social, Gaceta Oficial n°37600) §11
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Amount

The amount cannot be lower than the wage that the worker was receiving before adoption.
Organic Labour Act §11

Financing of benefits

the Social Security System.
The system will be financed through:
Contributions paid by affiliates.
Remaining net capital for health and social security, which is accumulated for distribution and contribution of these services.
The amounts collected by way of moratorium rates originated
because of the late payment of contributions.
The amounts collected for fines, penalties or other similar nature.
Interest, rents, royalties and any other product from its assets and investments.
Organic Act on Social Security System of 20 December 2002 (Ley Orgánica del Sistema de Seguridad Social, Gaceta Oficial n°37600) §11,18,106

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Protecting maternity is a State duty. To this aim, it shall guarantee to every woman services and programmes of health care for free and with the highest quality, during pregnancy, confinement and the post-natal period.

Affiliates to the Social Security System are entitled to medical healthcare required with occasion of their maternity and to a daily cash benefits during maternity and adoption leaves. The National Executive will regulate the fulfillment of this duty through the subsidiary payment of an amount of money, when confinement occurs in municipalities uncovered by the Social Security and where the State does not provides medical assistance free of charge.

According to the General Regulation of the Social Insurance, maternity healthcare benefits are provided to affiliates and retired, as well as their wives or partners.
Organic Law to protect children and adolescents, Official registry 5.859 extraordinary of 2007.
LEY ORGÁNICA PARA LA PROTECCIÓN
DE NIÑOS, NIÑAS Y ADOLESCENTES
G.O. (5.859 Extraordinaria) 10/12/2007 §44
Constitution §76,86
Venezuelan Institute of Social Security
Decree No.2.814 of February 25 of 1993 Partial amendment of the Regulation of the Social Security Law.
Decreto No.2.814 del 25 de febrero de 1993. §123,139,140

Financing of benefits

Social Security.

The system will be financed through:
Contributions paid by affiliates.
Remaining net capital for health and social security, which is accumulated for distribution and contribution of these services.
The amounts collected by way of moratorium rates originated
because of the late payment of contributions.
The amounts collected for fines, penalties or other similar nature.
Interest, rents, royalties and any other product from its assets and investments.
Organic Act on Social Security System of 20 December 2002 (Ley Orgánica del Sistema de Seguridad Social, Gaceta Oficial n°37600) §11,18,106

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

The worker is entitled to to two paid breaks per day of half one hour each. If there is no nursery at the workplace, the breaks shall each be an hour long.
Organic Labour Act §393

Remuneration of nursing breaks

It can not be established any difference between the salary of a female worker or breastfeeding worker and another worker that performs the same work of them.
Organic Labour Act §394

Transfer to another post

The right to transfer has been expressly established during pregnancy and not during the breastfeeding period.
Organic Labour Act §383

Nursing facilities

An employer who employs more than 20 women must provide during the working day a nursery where women can leave their children up to the age of 5. To be granted these nursing facilities, women workers may not earn monthly more than 5 minimum wages.
Organic Labour Act §391
Organic Labour Act §126, 127

HEALTH PROTECTION


Arrangement of working time


Night work

It is not prohibited neither for pregnant workers nor breastfeeding mothers.
Organic Labour Act

Overtime

It is not prohibited neither for pregnant workers nor breastfeeding mothers.
Organic Labour Act

Work on rest days

It is not prohibited neither for pregnant workers nor breastfeeding mothers.
Organic Labour Act

Time off for medical examinations

It is not expressly provided.
Organic Labour Act

Leave in case of sickness of the child

It is only expressly provided for fathers in case of serious illness of a child or serious health complications of the mother, in these cases the fathers are entitled to fourteen (14) continuous paid days in addition to the paternity leave.
This right is extensible to adoptive fathers of a child/children under the age of three years.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Dangerous or unhealthy work


General

Pregnant workers shall be excepted from the duty to perform work that because of the physical effort it demands or other circumstances, is able to induce abortion or to obstacle the normal development of the fetus.This exception does not entail any modification in her working conditions.

Workers may not be exposed to the action of physical agents, ergonomics, psychosocial risks, chemical, biological or otherwise, without being warned about the nature thereof, the damages that may cause to health and previous coach on the principles of risks prevention.
Organic Labour Act §237, 382

Risk assessment

There are not special provisions on risk assessment for pregnant workers.
There is a general duty in employer’s head to guarantee the safety and health of all workers in the working place and to adopt the necessary measures ti guarantee these conditions.
Organic Labour Act
Organic Act of Prevention, Environment and Working Conditions, official registry 38.236 of July 26 of 2005.
(Ley Organica de Prevencion, Condiciones y Medio Ambiente de Trabajo LOCYMAT, Gaceta oficial 38.236 del 26 de julio de 2005.

» Assessment of workplace risks

There are not special provisions on risk assessment for pregnant workers.
There is a general duty in employer’s head to guarantee the safety and health of all workers in the working place and to adopt the necessary measures ti guarantee these conditions.
Organic Labour Act
Organic Act of Prevention, Environment and Working Conditions, official registry 38.236 of July 26 of 2005.
(Ley Organica de Prevencion, Condiciones y Medio Ambiente de Trabajo LOCYMAT, Gaceta oficial 38.236 del 26 de julio de 2005.

» Adaptation of conditions of work

There are not special measures for the benefit of pregnant employees in this sense. There is a general duty in the employer’s head to guarantee safety and health of all workers in working places and to adopt all the necessary measures to fulfill this duty.
Organic Labour Act
Organic Act of Prevention, Environment and Working Conditions, official registry 38.236 of July 26 of 2005.
(Ley Organica de Prevencion, Condiciones y Medio Ambiente de Trabajo LOCYMAT, Gaceta oficial 38.236 del 26 de julio de 2005.

» Transfer to another post

Pregnant worker shall not be transfer from work, unless this transfer is required for the needs of the service and it does not harm her health and/or pregnancy. The wages and working conditions shall not be reduced.
Organic Labour Act §382

» Paid/unpaid leave

Pregnant workers shall have a maternity leave during 6 weeks before confinement and 12 weeks after confinement, or for a longer period as consequence of a sickness medically certified as derived or originated from pregnancy or childbirth and that make female worker unable to work.
Organic Labour Act §385

» Right to return

It is not mentioned.
Organic Labour Act

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

A pregnant woman worker is exempted from undertaking tasks which, because of the need for considerable physical exertion, could cause her to miscarry or could affect the normal development of the fetus. This shall have no effect upon her conditions of work. Special regulations and resolutions shall establish standards to protect maternity from dangerous, unhealthy or heavy work.
Organic Labour Act §380, 382

» Work involving exposure to biological, chemical or physical agents

Women of child-bearing age are prohibited from being exposed to the maximum levels of radiation permitted in cases of emergency.
Organic Labour Act §106
Decree No. 1290 regulating health and safety at work §79

» Working requiring special equilibrium

There is not express prohibition.
Organic Labour Act
Decree No. 1290 regulating health and safety at work

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

Besides the general prohibition described at the beginning of this field, there are not enlisted particular risks neither in the Organic Labour Law nor in the Decree that regulates health and safety at work.
Organic Labour Act
Decree No. 1290 regulating health and safety at work

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Job offers in public and private institutions shall not discriminate a person because of their sex or age.
It is forbidden to advertise job offers and vocational or professional training courses by using discriminatory terms between men and women.
Decree on Equal Opportunities for Women §16,17

Prohibition of pregnancy testing

In no case may employers insist that women applying for jobs be subject to medical or laboratory examination in order to detect pregnancy, or request them to produce medical certificates for the same purpose. Women workers may, however, request such examinations in order to enjoy the protection accorded by the provisions of the Act.
Organic Labour Act §381

Protection from discriminatory dismissal

A pregnant woman worker shall be immune from dismissal during pregnancy and for one year after confinement, provided that no serious fault is committed, in which case the prior authorization of the Labour Inspectorate shall be required. This protection also applies to a woman worker who has adopted a child.

Organic Labour Act §384

Burden of proof

There are not special provisions in this sense.
Organic Labour Act
Decree on Equal Opportunities for Women

Guaranteed right to return to work

A pregnant woman may not be transferred from her place of work unless it is required for service reasons and the transfer does not affect her condition. Her salary must not be reduced and her employment conditions must not be affected.
Fathers enjoy also protection in their job for up to a year after the child’s birth, and their dismissal, transfer or deterioration of working conditions is forbidden unless there is a justified reason previously endorsed by the Labour Inspector.
Organic Labour Act §383
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§8

Results generated on: 03rd September 2014 at 01:51:15.
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