Key Labor Law Principles in Venezuela: A Comprehensive Analysis

Posted on Dec 16, 2024 in Law & Jurisprudence

Article 8 of the Regulations of the Labor Law outlines the fundamental principles of labor law. These are expressed as follows:

Protectoria Principle or Protecting Workers: This article contains three essential principles designed to protect and safeguard the welfare of workers:
- Rule of the More Favorable Standard or Favor Principle: When there is reasonable doubt in the application of two or more rules, the one most favorable to the worker will be applied in its entirety.
- Indubio Pro Operario: In case of reasonable doubt in the interpretation of a rule, the interpretation most favorable to the worker should be made.
- Principle of Conservation of the Most Favorable Condition: Labor rights are irrevocable and definitively incorporated into the employee’s assets (e.g., salary).

Principle of Inalienable Rights of Workers: Regardless of their source, workers’ rights cannot be waived, as doing so would negatively impact their economic situation. Article 9 of the Regulations of the Labor Law clarifies that this does not impede business transactions, which will be reviewed later.

Principle of the Primacy of the Reality of the Facts: This principle emphasizes that in legal employment relationships, importance should be given to the actual events within the employment relationship to accurately configure the situation, regardless of the form or appearance of the acts.

Principle of Conservation of Employment: This section enshrines five precepts for the preservation of employment:
- Continuity Principle of Work: If there is doubt about the extinction of employment, it should be resolved in favor of its continuation.
- Preference Principle of Indefinite Contracts: Authorization contracts should be given in exceptional cases, as provided in Article 77 of the Organic Labor Law.
- Admission of Subjective and Objective Novations of an Employment Agreement: Reforms and changes to the employment contract are allowed, but these changes should always improve and benefit the worker.
- Principle of Allowances for Termination of Employment Relationship by Fault of the Employer.
- Irrelevant Interruptions of Employment as Causes of Extinction: As per Articles 93 and 94 of the Labor Law, certain interruptions are not considered causes for termination, relating to the suspension of the employment relationship.

Principle of Non-Arbitrary Discrimination in Employment: Over the years, this principle has been invoked in many companies where discrimination based on gender, sexual preference, social status, race, religion, political belief, union activity, or any other irrelevant criteria inconsistent with the law has occurred. However, barriers causing such discrimination are gradually being dismantled.

Principle of Gratuity in Judicial and Administrative Proceedings in Labor: This principle aims to relieve the worker from the burden of paying any judicial fees related to administrative or judicial proceedings. This is due to the worker’s weaker legal position compared to the employer, who has greater economic strength. Article 9 of the Rules of the Labor Law addresses court settlements. While the principle of inalienability of rights favors the worker, it does not prevent agreements of a transactional nature intended to end claims, provided they are in writing, detail the motivating events, and clearly state the rights involved. Once approved by a competent judge or inspector, the transaction has the effect of res judicata. However, it must be ensured that there is no violation of the principle of arbitrary discrimination. Recognition by the company of certain workers based on relevant criteria consistent with the legal system, such as family responsibilities, length of service, training, productivity, missed work, economics of commodities, and union membership, as required by Article 13 of the Regulation, is permissible. Therefore, it cannot be considered discriminatory if a worker with dependents…