Public Officials Employment Law

Posted on Nov 18, 2024 in Law & Jurisprudence

Key Provisions of the Public Officials Employment Law

Title I: Governing Employment Relations

Article 1

This law governs employment relations between public officials and public servants and national, state, and municipal public administrations. It covers:

  1. Leadership and management of the civil service and public careers.
  2. Personnel management, including planning, recruitment, selection, admission, induction, training, development, career planning, evaluation, promotion, transfer, position valuation, salary scales, permits, licenses, and disciplinary rules for retirement.

Sole Paragraph

This law excludes:

  1. Officials and public servants of the National Legislature.
  2. Officials and public servants covered by the Foreign Service Act.
  3. Officials and public servants of the Judiciary.
  4. Officials and public servants of Citizen Power.
  5. Officials and public servants of the Electoral Power.
  6. Workers in the service of Public Administration.
  7. Officials and public servants of the Attorney General’s Office.
  8. Officials and public servants of the National Customs and Tax Administration (SENIAT).
  9. Senior staff, academic, educational, administrative, and research personnel of national universities.

Title III: Officials and Civil Servants

Chapter I: General Provisions

Article 16

Anyone can apply for a position in public administration, subject only to limitations established by the Constitution and law.

Article 17

Applicants must meet these requirements:

  1. Be Venezuelan.
  2. Be at least eighteen years old.
  3. Hold a secondary education title.
  4. Not be subject to political disablement or civil interdiction.
  5. Not receive retirement or pension benefits from a state agency, except for high-level positions (in which case, benefits should be suspended). Exceptions apply for compatible positions.
  6. Qualify for the post.
  7. Meet entry procedures established by this law and its regulations.
  8. Submit an affidavit of assets.
  9. Meet other legal requirements.

Article 19

Civil service officials can be freely appointed and removed. Employees or civil servants who have won public tenders, passed probationary periods, and received appointments provide paid services permanently. Freely appointed and removed officials are subject only to the limitations established in this law.

Article 20

Freely appointed and removed officials can occupy senior positions of trust. These include:

  1. Executive Vice President or Vice President.
  2. Ministers.
  3. Heads of national offices or equivalents.
  4. Presidential committee members.
  5. Deputy Ministers.
  6. Directors, general managers, and similar-rank officials in the President’s Office, Executive Vice Presidency, and Ministries.
  7. Members of national autonomous institute boards.
  8. Directors, general managers, and similar-rank officials in autonomous institutes.
  9. Registrars and notaries public.
  10. State Secretaries General.
  11. Sector CEOs in governorates, municipal managers, and similar-rank officers.
  12. Highest authorities of autonomous state and municipal institutions and their directors or similar-rank officers.

Chapter II: Rights

Article 22

Upon entering office, officials must be informed about the administrative unit’s purpose, organization, functions, powers, duties, and responsibilities.

Article 23

Officials are entitled to payment according to this law and its regulations.

Article 24

Officials are entitled to annual vacations (15 days for the first 5 years, 18 for the second 5, 20 for the third 5, and 25 from the 16th year onwards) and a 40-day salary bonus. Officials leaving before completing a year of service receive a prorated vacation bonus.

Article 25

Officials qualify for a year-end bonus of at least 90 days’ full salary, which can be increased through collective bargaining.

Article 26

Officials are entitled to paid or unpaid, mandatory or permissive permits and licenses as established by regulations.

Article 27

National, state, and municipal officials are entitled to full social security protection.

Chapter II: Disciplinary Actions

Article 82

Officials are subject to these disciplinary sanctions:

  1. Written warning.
  2. Dismissal.

Article 86

Grounds for dismissal include:

  1. Three written reprimands in six months.
  2. Repeated breach of duties.
  3. Adopting illegal resolutions causing serious harm.
  4. Disobeying orders unless they violate the Constitution or laws.
  5. Not meeting minimum services during strikes.
  6. Lack of probity, assault, slander, insubordination, immoral conduct, or acts harming the administration’s reputation.
  7. Arbitrary use of authority.
  8. Severe material damage caused intentionally or by gross negligence.
  9. Unjustified absence for three days within thirty days.
  10. Criminal conviction or administrative responsibility order.
  11. Soliciting or receiving bribes.
  12. Disclosing confidential information.
  13. Having conflicts of interest.
  14. Three consecutive negative evaluations.

Article 87

Misconduct sanctioned by written reprimand expires after six months.

Article 88

Dismissal offenses expire after eight months.

Title VIII: Administrative Litigation

Article 92

Administrative acts under this law are subject to functional judicial review within the timeframe specified in Article 94.

Article 93


It will be the competent court for judicial civil service, hear and determine all controversies arising in connection with the implementation of this Act, including the following:

1. The claims being made by the officers or public officials or candidates to join the civil rights when aggrieved by acts or deeds of the body or bodies of public administration.
2. Applications for declaration of nullity of clauses in collective agreements.

Article 94
Any appeal on the basis of this law can only be properly exercised within a period of three months from the date of occurrence of the event giving rise to it, or from the date on which the applicant was notified of the act.

Article 95
Disputes arising in connection with the implementation of this Act shall be initiated through the judicial review function, which consists of a written complaint in which the person or people involved should indicate in a brief, intelligible and accurate:

1. The identification of the plaintiff and operated.
2. The administrative act, the clause in the collective agreement which revocation is applied to the facts affecting the plaintiff, if that be the case.
3. Claims pecuniary or otherwise, which shall be specified with greater clarity and scope.
4. The reasons and grounds of the claim, without being able esplanade through doctrinal considerations. The case law from be invoked only if the same were clear and precise and accurately apply to the factual situation posed. In no case shall be transcribed verbatim the items of legal texts not in full sentences.
5. The instruments in which the claim is based, that is, those of which the right arises immediately deducted. These instruments must be produced to the complaint.
6. Place shall be carried out summonses and notifications.
7. Name of trustee or agent or otherwise. In such a case must be entered along with the corresponding power suit.
8. Any other circumstances which, according to the nature of the claim, is necessary to inform the judge.

Article 96
Complaints that are extended doctrinal and jurisprudential considerations that are deemed known to the judge or the judge, which are unintelligible or repetitive of facts or circumstances, transcribe the administrative act that accompanies that are so extensive or so that the judge or the judge that from these causes evidenciare may cause a delay in the administration of justice, will be returned to plaintiff within three days following its filing office, for purposes that are reformulated.

Article 97
The suit may be entered in any court or judge in Trial or the municipality, who shall submit it within three days of receipt office, the competent court. In this case the period for repayment, if any, will be counted from the date of receipt of the complaint by the competent court.

Article 98
Upon receiving the complaint, either on their first opportunity if it is adjusted to the law, or after having been reformulated, the competent court allowed within the following three days of release, if he were not caught by any of the grounds inadmissibility provided for in the Organic Law of the Supreme Court.

Article 99
Admitted to the complaint, within two days following the court office will request the administrative record to the General Attorney of the Republic, the General Attorney of the state, the Trustee or the City Attorney’s legal representative autonomous institute national, state or municipal.

On the same occasion to admonish the court operated to give the answer to the complaint within fifteen days of release from his subpoena, which may occur via trade with return receipt or by certified mail.

In the summons the court or judge must accompany certified copy of the complaint and any annexes thereto. Cited operated under the above provisions, the parties shall be construed to right, so it need not be a new notification for subsequent acts of the process, except as provided by law.

Article 100
In its answer to the complaint will apply the same rules to the complaint, insofar as possible, but not the answer to the complaint will be returned.

Article 101
All the claims of the plaintiff and the defenses of the actions will be resolved in the final sentence, without prejudice to the provisions of Article 98 of this Law, regarding the admission of the complaint.

Article 102
If the party does not communicate powered answer to the complaint within the prescribed period, the same shall be contradicted in all parts where part driven enjoyed this privilege.

Article 103
Once the term of office two weeks to reply, had or did not place the same, the court will set in one of the following five days of release, time for the preliminary hearing takes place.

Article 104
During the preliminary hearing the judge or judge may show the parties the terms that in his opinion, the litigation has been locked. The parties may make any considerations about it, which may be accepted by the judge. In turn, this may put questions to them for the purpose of clarifying situations of uncertainty as to the ends of the controversy.

At the same hearing, the judge or judge shall call upon the parties to conciliation, weighted with greater objectivity the procedural status of each. Similarly, the court or judge may set a new opportunity for the continuation of the preliminary hearing. In any case, intervention by the judge in this hearing may result in your disqualification or recusal, it is understood that work towards a speedy and effective justice.

Reconciliation to occur, will end the process.

Article 105
The parties, within five days of release after the preliminary hearing, only if some of these requests at that time the opening of the evidentiary period, must accompany not requiring evacuation and promote those that need it.

Article 106
The evacuation of the tests will take place within ten days of despatch of the expiration of time provided in the preceding article, the term more away for tests to be evacuated outside the courthouse, which shall be at a day for every hundred miles or fraction, but not exceeding ten consecutive days. The judge or judge may only be commissioned for the tests to be evacuated outside the courthouse.

Article 107
Expiration of the probationary period, the court or judge shall fix one of the five days of release to take place following the final hearing. It opened on the judge or the judge, who directs it. In fact, disciplinary powers available to ensure order and the best celebration of it.

The parties should exercise their right of speech to defend their positions. In this regard, the court shall determine the length of each operation. It may also again question the parties about any aspect of the dispute and then retire to consider its final decision, which device will be rendered in the same final hearing, unless the complexity of the case requires that it be delivered within the office five days after the hearing.

Article 108
Judge or Judge, within ten days of release time following the expiration of the only separate provisions of the preceding article, shall issue a written ruling without narrative and even less with transcripts of records, documents, other acts of the appointments process or doctrinal stating in a clear, brief and concise end of the litigation and the pleas of fact and law of the decision, acting on each of these extremes on the basis of the evidence, or otherwise, unable to extend its ruling in doctrinal or jurisprudential considerations appointments.

The magistrate or judge, in sentencing, may declare the application inadmissible for any of the grounds established in the Organic Law of the Supreme Court.

Article 109
The judge or judge, at any stage of the proceedings may, upon request of the parties, issue interim measures if it considers that they are necessary to avoid irreparable or difficult to repair in the final, considering the circumstances.

Article 110
Against decisions issued by judges or senior judges with jurisdiction to determine the functional judicial review, appeal may be lodged within five days of release starting from it is entered in writing the final decision, to before the First Court of Administrative Disputes.

Article 111
In matters not expressly regulated in this Title shall apply additionally the brief procedure under the Code of Civil Procedure, provided that its rules are not incompatible with the provisions of this Act