A breakdown of the Labor Organic Law
- TSJ says that the organic nature of the Labor Law is constitutional
- Employers asked to support Venezuelan gov't social projects
- Venezuelan Labor Law bans layoffs not agreed with workers
- Retroactivity of severance payments valid only for active workers
- Businessmen claim that Labor Law runs counter to the Constitution
- Entrepreneurs: Labor Law boosts business costs in Venezuela
- Retroactivity of severance payment should be estimated since 1997
- New Venezuelan Labor Law reduces working hours
Venezuela's President Hugo Chávez on April 30 announced the shrinkage of working hours from 44 to 40 hours a week, upon the entry into force of the Labor Organic Law.
He specified that a maximum term of one year would be set so that companies can make the appropriate adjustments. Under a legally binding provision, employees will have two continued days of leave.
Some of the regulations included in the new instrument are listed below.
Labor aims at overcoming capitalist exploitation and ensuring independence and sovereignty.
Outsourcing has been removed for being a "fraud of employers" to disregard labor laws.
Contractors shall continue for not been deemed as "intermediaries or outsourcers."
Claims of severance payment shall expire after 10 years.
Labor or sexual harassment has been included as unjustified dismissal.
The principle of "equal pay for equal work" shall be taken into account to set wages.
A National Fund of Severance Payments shall be established by means of a special law.
In the event of illegal shutdown of a company or lockout, the government may order the seizure thereof.
Daytime working hours, from 5 am to 7 pm, may not exceed eight hours a day or 40 hours a week.
Pregnant workers will be subject to special fire freezing from the beginning of their pregnancy through two years after the delivery.
Pregnant workers shall be entitled to a leave for six weeks before the birth and twenty weeks after the birth.
Breastfeeding women shall be entitled to two daily breaks of half an hour each, to feed their children at the Early Education Center or breastfeeding room, as appropriate. In default of the foregoing, each of the two breaks will last one and half an hour.
Workers' councils shall perform their own functions, different from the duties and responsibilities of trade unions.
Workers who render services as in-house staff or on their own as bike-drivers, deliverymen or deliverywomen, messengers or alike, shall be covered by the Law, even if they are the owners of the vehicles used to carry out their activities.
Domestic servants or workers who render services for a specific person for his/her personal or family service, namely: drivers, stewards, cooks, gardeners, nursemaids, laundresses, persons paid to iron clothes, and alike, shall be governed by this Law for all purposes.
Employers with an in-house staff of more than 200 workers shall grant scholarships in domestic and foreign educational centers to workers or their children.
Translated by Conchita Delgado
José Vicente Rangel clearly said: "We are not conducting negotiations threatened with a gun in the head." He warned behind closed doors in the midst of the social upheaval occurred during the oil strike in 2002 and 2003. Dissenting Timoteo Zambrano answered back that no other option was available: "The thing is that otherwise, you do not negotiate."