Remarks: The provisions of this Act are of public nature and apply to all the territory, for nationals and for non-nationals who are performing work in Venezuela. They are expressly excluded from the application of this Act the workers linked to the defence and security of the country and to the maintenance of the public order, such as the armed forces and the police. Public servants are also excluded and their labour relations shall be governed by special regulations.Art.7,8,10
Name of Act
Law on Public Holidays (Ley de Fiestas Nacionales, Gaceta Oficial de la Republica de Venezuela n° 29541 of 22 June 1971) of 17 June 1971
Regulation of the Organic Labour Law as amended up to Decree n°4.447 of 28 April 2006 (Decreto n° 4.447, Reglamento de la Ley Orgánica del Trabajo, Gazeta Oficial No. 38 426, April 28, 2006 pp.1)
Remarks: These rules shall govern the legal relations arising from labour relations as a social right, in the terms set forth in the Organic Labor Law Decree n°4.447 Regulating the Organic Labour Law Decree §1
Name of Act
Bolivarian Republic of Venezuela Constitution of 30 December of 1999 as amended up to February 2009.
Daily working time shall be considered the time during which the worker is at the disposal of the employer and may not freely dispose of his time.
The ordinary working day refers to the time the worker is at the disposal of the employer on a normal or regular basis. Overtime shall not be considered part of the ordinary working day.
Organic Labour Act Art.189
Employee/worker
Worker is any natural person who performs any kind of task for another legal or natural person and under his dependence and in exchange of remuneration. Employee is any worker in whose tasks there is a predominance of non-manual work or tasks which imply an intellectual effort. Self-employee is the person who regularly performs his work under no dependence of any employer.
Organic Labour Act Art.39,40,41
Employer
Shall mean a natural or legal person who, in its own name, and for its own or another¿s account, is in charge of an enterprise, concession or undertaking of any nature or importance, whatever the number of workers he employs.
Organic Labour Act Art.49
Overtime/overtime work
Overtime work is the work performed outside of the normal hours of work and which is subject to the approval of the Labour Inspectorate.
Organic Labour Act Art.207
Part-time work(er)
Part-time work is the work with shorter hours of work than normal, for work of the same nature. Part-time workers shall be entitled to the same rights as those employed in full time basis, except for those rights granted because of the performance of a full time basis.
Regulation of the Organic Labour Law Art.107
Night work(er)
Night work is the work performed in the interval between 7p.m. and 5 a.m. Night work for rural workers is the work performed in the interval between 6 p.m. and 4 a.m.
Organic Labour Act Art.195,326
Domestic worker
Domestic workers are those workers who provide services in a household or to an individual for his personal service or for a family, such as: private driver, waiter, cooker, gardener, nurse, laundress, and other tasks of the same nature.
Organic Labour Act Art.274
Young worker
Young workers are those workers who at least have reached the age of 14 and who have not attained 16 years old. Young workers shall not perform any task which may endanger their health or normal development in the intellectual or moral order.
Organic Labour Act Art.247,248,249
NORMAL HOURS LIMITS
Daily hours limit
General limit
The hours of work shall not exceed 8 per day.
Organic Labour Act Art.195 Bolivarian Republic of Venezuela Constitution Art.90
Historical data (year indicates year of data collection)
2009: 8 hours.
2007: 8 hours
Exceptions
The 44 hour limit does not apply to certain groups, including: (1) managerial workers; (2) supervisors whose work is intermittent; (3) workers whose presence alone is required; (4) on-call work that includes long periods of inactivity; and (5) jobs that, by their nature, cannot be subject to hours limits.
These workers cannot be required to remain at work for more than 11 hours per day and are entitled to a minimum 1 hour rest break.
The employer and the worker may agree to establish a working day of 9 hours a day, without exceeding 44 hours per week, in order to allow the workers to enjoy two complete days of rest every week.
The working hours limit may be modified by agreement between workers and employers provided that other limits are established and that the total hours worked over a period of 8 weeks does not exceed the average of 44 hours a week. In any case, the working day may not exceed 12 hours, including a one hour rest break. In addition, the worker is entitled to a rest day every seven working days.
Organic Labour Act Art.198, 200, 196, 206 Regulation of the Organic Labour Law Art.85
Special categories
» Night work
The hours of work during night-time shall not exceed 7 hours per day, and 7.5 hours per day when the work is perform during day-and-night time.
Organic Labour Act Art.195 Bolivarian Republic of Venezuela Constitution Art.90
» Shift work
In case of shift work, the hours of work shall not exceed 12 per day, time during which the worker is entitled to one hour compulsory rest.
Organic Labour Act Art.201, 195 Regulation of the Organic Labour Law Art.84 (a,b,c)
» Young workers
Young workers under 16 years old shall not perform more than 6 hours per day and shall be split into two periods, none of which may be longer than 4 hours. Young workers under 16 years old who perform intermitent work cannot work more than 8 hours per day with a minimum rest break of one hour.
Organic Labour Act Art.254, 255
» Agricultural workers
The hours of work shall not exceed 8 per day in case of agricultural workers. However, this limit can be exceeded where the nature of the work requires it, within a weekly limit of 60 hours.
Organic Labour Act Art.325
» Domestic work
Domestic workers who live in the household are not subject to a daily limitation of working hours and so the hours are subject to the nature of their work, but they shall enjoy at least 10 consecutive hours of daily rest. However, domestic workers who live out of the household shall be subject to the 8 hours general limit of daily working hours.
Organic Labour Act Art.275
Weekly hours limit
General limit
The hours of work shall not exceed 44 per week.
Organic Labour Act Art.195 Bolivarian Republic of Venezuela Constitution Art.90
Historical data (year indicates year of data collection)
2009: 44 hours
2007: 44 hours
1995: 44 hours.
Exceptions
The 44 hour limit does not apply to certain groups, including: (1) managerial workers; (2) supervisors whose work is intermittent; (3) workers whose presence alone is required; (4) on-call work that includes long periods of inactivity; and (5) jobs that, by their nature, cannot be subject to hours limits.
These workers cannot be required to remain at work for more than 11 hours per day and are entitled to a minimum 1 hour rest break.
The working hours limit may be modified by agreement between workers and employers provided that other limits are established and that the total hours worked over a period of 8 weeks does not exceed the average of 44 hours a week. In any case, the working day may not exceed 12 hours, including a one hour rest break. In addition, the worker is entitled to a rest day every seven working days.
Organic Labour Act Art.198, 200, 206, 325
Special categories
» Night work
The hours of work during night-time shall not exceed 40 hours per week, and 42 hours per week when the work is perform during day-and-night time.
Organic Labour Act Art.195 Bolivarian Republic of Venezuela Constitution Art.90
» Shift work
In case of shift work, the limitation of working hours shall be calculated over an 8 week period. the total working hours may not exceed 40 hours per week.
Regulation of the Organic Labour Law Art.84
» Young workers
Young workers cannot work more than 30 hours per week.
Organic Labour Act Art.254
» Agricultural workers
The hours of work shall not exceed 48 per week in case of agricultural workers. However, this limit can be exceeded where the nature of the work requires it, within a weekly limit of 60 hours
Organic Labour Act Art.325
» Domestic work
Domestic workers who live in the household are not subject to any limitation of working hours and so the hours are subject to the nature of their work, but they shall enjoy at least 10 consecutive hours of daily rest. However, domestic workers who live out of the household shall be subject to the 48 hours general limit of daily working hours.
Organic Labour Act Art.275
OVERTIME WORK
Criteria for overtime
General
No employer may oblige a worker to perform overtime work. The normal hours of work may be extended in the following tasks: - Preparatory work or supplementary tasks, necessary to be performed outside of the normal hours of work. -Work which is necessary to prevent the damage or the loss of goods. -Work necessary to coordinate two shifts of work. -Work necessary to to follow up of the inventory, deadlines, settlements of account and related issues. -work which has an urgent character. -Special tasks, like the urgent repairs and maintenance, installation of new equipments. These extensions shall be authorised by the Labour Inspector.
Bolivarian Republic of Venezuela Constitution Art.90 Organic Labour Act Art.199, 207
Limits on overtime hours
General limits
The effective duration of the work, included overtime work, shall not exceed 10 hours per day. The total of overtime working hours shall not exceed 10 hours per week and 100 hours per year.
Organic Labour Act Art.207(a,b)
Historical data (year indicates year of data collection)
2009: 10 hours per week and 100 hours per year. (Need labour inspection approval).
10 hour maximum daily limit (normal and overtime hours).
2007: 10 hours per week and 100 hours per year
10 hour maximum daily limit (normal and overtime hours)
1995: Maximum 10 hours a day, including overtime. 10 hours per week and 100 per year.
Restrictions/exceptions
The Government may fix other limitations of overtime work after hearing the trade unions.
Organic Labour Act Art.207
Compensation for overtime work
Overtime rate(s)
Overtime work shall be paid with a 50% increase.
Organic Labour Act Art.155
Historical data (year indicates year of data collection)
2009: Ovetime is payed with 50% increase.
2007: 50% increase
1995: 50% premium.
Special categories
Domestic work
Domestic workers who live in the household are not subject to any limitation of working hours and so the hours are subject to the nature of their work, but they shall enjoy at least 10 consecutive hours of daily rest.
Organic Labour Act Art.275
SCHEDULES
General
The employer shall post in a visible place in the undertaking and with visible characters the schedules relative to the days and hours of rest, or in any other manner established by the Labour Inspection.
Organic Labour Act Art.188
Compressed workweek
Under agreeement between the employer and the employee, it may be established working days of up to 9 hours, not exceeding the limit of 44 hours per week, in order to provide two days of weekly rest.
Organic Labour Act Art.196
REST PERIODS
Rest breaks
General provisions
Workers not engage in continuous work shall enjoy a rest break of at least 30 minutes, and so no worker may perform more than 5 hours without such rest. Lunch and meal breaks are not considered working time.
Organic Labour Act Art.192, 205
Historical data (year indicates year of data collection)
2009: In work where there is no continuous process, the working day shall be interrupted with a break of at least half an hour, so a maximum of five continuous hours shall be worked.
Lunches and rest breaks enjoyed in canteens established by the employer shall not be considered working time.
2007: In work where there is no continuous process, the working day shall be interrupted with a break of at least half an hour, so a maximum of five continuous hours shall be worked.
Lunches and rest breaks enjoyed in canteens established by the employer shall not be considered working time.
1995: 30 minutes after 5 hours of work.
Special categories
» Shift work
The hours of work shall not exceed 12 hours per day for shift workers, time during which the worker shall enjoy one hour of compulsory rest break.
Organic Labour Act Art.84
» Young workers
The hours of work of under 16 years old workers, shall be split into two periods, none which may be longer than four hours. Between these periods young workers shall be entitled to a rest break of at least two hours, during which they have to leave the workplace.
Organic Labour Act Art.254
Daily rest periods
Duration
(No statutory general provisions on daily rest.)
Historical data (year indicates year of data collection)
2009: (No statutory general provisions on daily rest.)
1995: No legal provision.
Special categories
» Young workers
Young workers who perform domestic work are entitled to a daily rest of at least 12 hours.
Organic Labour Act Art.256
» Domestic work
Domestic workers living in the household are entitled to enjoy a daily rest period of at least 10 consecutive hours.
Organic Labour Act Art.275
Weekly rest periods
Duration
» General
Workers shall be entitled to enjoy one day of weekly rest.
Regulation of the Organic Labour Law Art.88
Historical data (year indicates year of data collection)
2009: Every worker is entitled to a weekly rest period of one day, which shall fall on Sunday, and must be payed as a working day.
1995: Sundays.
Day specified
» General
The weekly rest day is Sunday.
Regulation of the Organic Labour Law Art.88 Organic Labour Act Art.212
» Exceptions
If on the public interest, technical reasons or unforseen circumstances, weekly rest cannot be enjoyed in a Sunday, it shall be enjoyed in any other day.
Regulation of the Organic Labour Law Art.88
Work on weekly rest day
» Criteria
Workers may perform work during a weekly rest day if it is to perform activities which cannot be interrupted for any of the following reasons; reasons in the public interest, technical reasons or unforseen circumstances.
Organic Labour Act Art.213 (a,b,c)
» Compensation (for working on a rest day)
When an employee has worked on a Sunday or other day on which he or she is entitled to weekly rest, for four hours or more, he or she is entitled to a compensatory day off and a day’s wage. When he or she has worked for less than 4 hours, he or she is entitled to half a day’s salary and compensatory rest. The compensatory rest should be taken within the immediately following week.
Organic Labour Act Art.218 Regulation of the Organic Labour Law Art.89
Special categories
» Shift workers
Shift workers are entitled to enjoy at least 1 rest day every 7 days of work.
Regulation of the Organic Labour Law Art.84b)
» Domestic workers
Domestic Workers shall be entitled to enjoy at least one day of weekly rest.
Organic Labour Act Art.276
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
Workers shall be entitled to enjoy annual leave after one year of continuous employment with the same employer.
Organic Labour Act Art.219
Duration
» General
Workers are entitled to enjoy 15 days of paid annual leave in the first year plus one day for each year of service with the same employer up to a maximum of 15 extra days.
Organic Labour Act Art.219
Historical data (year indicates year of data collection)
2009: The worker is entitled to 15 days of paid leave.
2007: The worker is entitled to 15 days of paid leave.
1995: 15 days.
Payment
» Amount
Annual leave shall be remunerated with normal pay. In cases in which the employee is entitled to receive in kind-allowances as a part of the ordinary remuneration, he shall be entitled to continue receiving these benefits during the time of annual leave or the equivalent in cash, which shall be agreed between the parties and if not possible shall be determined by the Labour Inspector, taking into account the cost of living, the amount of payment and other relevant issues.
Organic Labour Act Art.221
» Date of payment
The payment of the wage corresponding to the annual leave period shall be made at the beginning of such period.
Bolivarian Republic of Venezuela Constitution Art.90 Organic Labour Act Art.222
Schedule and splitting
The employer and the worker shall agree in the time of the year to enjoy the annual leave period, and in the case they don’t reach an agreement, it shall be determined by the Labour Inspector. Annual leave shall not be postponed more than 6 months from the date in which the right arise, except in case of accumulations. Workers with family responsabilities shall have preference to choose the period of annual leave to match with school vacations.
Workers may opt to accumulate up to three annual leave periods, and enjoy them in a row, when is on the employee’s benefit.
The employer may schedule collective vacations and so suspend the activities of the undertaking for specific number of days in a year. In these cases, these periods shall be considered as annual leave time.
Organic Labour Act Art.230,220,229
Work during annual leave
The worker who performs remunerative work in his period of annual leave shall lose his entitlement to receive the payment for such leave.
Organic Labour Act Art.234
Special categories
» Young workers
Young workers shall enjoy, as far as possible, the annual leave period in the same period of the school vacations.
Organic Labour Act Art.260
» Domestic work
Domestic workers who have performed uninterrupted duties in a household, shall be entitled to enjoy 15 consecutive days of paid annual leave.
Organic Labour Act Art.277
PUBLIC HOLIDAYS
Number and dates
1 January; Maundy Thursday, Good Friday; 1 May; 25 December, plus the 19 April, 24 June, 5 July, 24 July and 12 October. All Sundays are considered public holidays.
Organic Labour Act Art.218 Law on Public Holidays Art.1
Work on Public Holidays
» Compensation
Workers performing work on a public holiday shall be entitled to enjoy the ordinary wage for this day plus an increase of 50% for the hours of work performed.
Organic Labour Act Art.154
EMERGENCY FAMILY LEAVE
Relevant provisions have been not identified.
PART-TIME WORK
General provisions
Part-time work is the work with shorter hours of work than normal, for work of the same nature.
Regulation of the Organic Labour Law Art.107
Right to equal treatment
Right/scope
Part-time workers shall be entitled to the same rights as those employed in full time basis, except for those rights granted because of the performance of a full time basis.
Regulation of the Organic Labour Law Art.107
NIGHT WORK
Criteria for night work
Night work is the work performed in the interval between 7p.m. and 5 a.m. When day-and-night time work is performed in more than 4 hours during the night it shall be considered night time and be paid accordingly. Night work for rural workers is the work performed in the interval between 6 p.m. and 4 a.m.
Organic Labour Act Art.195,326
Limits
Daily hours limit
Workers shall not perform more than 7 hours per day during night-time or 7.5 hours per day if the work is performed during day-and-night-time.
Organic Labour Act Art.195
Weekly hours limit
Workers shall not perform more than 40 hours per week during night-time or 42 hours per week if the work is performed during day-and-night-time.
Organic Labour Act Art.195
Overtime work
The Government may, under special resolution, establish those works in which the performance of overtime is permitted during the night, provided that these hours shall be paid at overtime night work rate.
Organic Labour Act Art.195
Compensation
Night work shall be remunerated with an increase of at least the 30% over the day-time rate.
Organic Labour Act Art.156
Special categories
Young workers
Under 18 years old workers are prohibited from performing work in the interval between 19.00 and 06.00 of the following day. However, under special circumstances, it may be authorised the performance of night for young workers when the guardianship bodies in collaboration with the labor inspector considers so appropriate.
Organic Labour Act Art.257
SHIFT WORK
Criteria for shift work
When the nature of the work requires continuous work and so the performance of shift work is required, the daily and weekly limits of work may be extended provided that the total of working hours do not exceed such limits in a reference period of 8 weeks.
Organic Labour Act Art.201
Limits
Daily hours limit
Workers shall not perform more than 8 hours of work per day in a reference period of 8 weeks.
Organic Labour Act Art.195, 201
Weekly limit
Workers shall not perform more than 44 hours of work per week in a reference period of 8 weeks.
Organic Labour Act Art.195,201
Overtime work
The performance of overtime work for shift workers is only permitted if necessary to avoid a serious disturbance of the normal running of the undertaking, such in cases of force majeure, serious emergency or similar reason. In this case, overtime work shall be paid with overtime rate.
Organic Labour Act Art.202
ON-CALL WORK
Relevant provisions on "on-call work" have been not identified.
FLEXITIME
Relevant provisions on "flexitime" have not been identified.
CASUAL WORK
General provisions
Casual workers are those workers who perform eventual tasks or in non-continuous or regular basis, and which labour relation is finished when the tasks are done.
Organic Labour Act Art.115
Normal hours limit
Casual workers are not subject to the general limits of working time.
Organic Labour Act Art.198
SHORT-TIME WORK/WORK-SHARING
General provisions
"Seasonal workers" are those workers who perform tasks in concrete times of the year and in continuous basis, and for which is addressed specific targets, related to agricultural tasks, such as the harvest.
Organic Labour Act Art.114, 316
RIGHT TO CHANGE WORKING HOURS
Relevant provisions on "right to change working hours" have not been identified.
INFORMATION & CONSULTATION
Information
The employer shall post in a visible place in the undertaking and with visible characters the schedules relative to the days and hours of rest, or in any other manner established by the Labour Inspection.
Organic Labour Act Art.188
Results generated on: 19th April 2024 at 21:48:16.
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