Venezuelan Labor Law bans layoffs not agreed with workers
The employment relationship will be terminated only if workers want to, even if he/she is given double severance payment
One of the goals of the new Venezuelan Labor Law is implementing absolute job stability of employees and workers. Such goal was attained. The legal instrument provides for absolute stability, except for dismissals for due cause.
In the absence of due cause, the only way for employers to terminate any employment relationship is workers' resignation. Not even double severance payment implies that a worker has been dismissed.
Yanet Aguiar, an attorney with Norton Rose firm, said that "the only way to terminate an employment relationship is worker's agreement; layoffs are no longer a unilateral decision of employers."
The new Organic Labor Law (Lottt) eliminates relative job stability and keeps absolute job stability only.
María Fernanda Astudillo is a store analyst for Alimentos Polar working at the company's facilities in La Yaguara. At only 23 years of age, she has made a career in that company where she has worked for the last six years. Now, besides her responsibilities, which include overseeing shipping/receiving and warehousing of goods, she is taking part in the roundtable discussions among the other companies operating in the La Yaguara industrial park, the Government and the workers exploring possible ways of coping with the order to expropriate the land.