Reform of the Organic Labor Law: Understanding the Regulation

Posted on Dec 7, 2024 in Law & Jurisprudence

Reform Progress of Regulation of the Organic Law of Work

Article 1

This inserts a new article on priority sources in administrative work, which reads as follows:

“Article 5

Priority of sources, working in administrative procedures:

In the event that it corresponds to the officials and administration officials to settle labor disputes intersubjectivity between individuals, the rules provided in the following instruments should be observed in the established order:

a) Labor Law or governing the matter;
b) Procedural Labor Law;
c) Code of Civil Procedure, and
d) Administrative Procedures Law.

First Paragraph: In proceedings of this nature, only hierarchical recourse or appeal against the decision may be exercised unless the law provides otherwise.

Paragraph Two: In the rest of the administrative procedures, adjective rules under special laws will apply in preference and, additionally, the provisions of the Organic Law on Procedures will govern.

Article 2

Amending Article 5, as follows:

“Article 6

International rules of origin:

The rules of the International Labor Organization set out in its Constitution and conventions, as well as under treaties and other international legal instruments on labor relations and social security ratified by the Republic, take precedence over any other legal status, in terms most favorable to the worker.

Article 3

Amending Article 8, as follows:

“Article 9

Enunciation

The principles referred to in subparagraph e) of Article 60 of the Labor Act will, inter alia, and without prejudice to express provision in its labor laws, the following:

a) Protectoria or protection of workers:
1. i) Rule of the most favorable rule or principle of favor, by virtue of which, if reasonable doubts are raised in the application of two or more rules, the one that most favors the worker will be applied. In this case, the selected standard will be applied in its entirety.
2. ii) Principle in dubio pro operario, in response to which in case of reasonable doubt in the interpretation of a standard, it should be adopted most favorable to the worker, and
3. iii) The principle of conservation of the more favorable employment status, by virtue of which rights that are irrevocable and definitively incorporated into the worker’s estate must be respected. All or act as the employer in violation of the Constitution of the Bolivarian Republic of Venezuela is null and generated effect.
b) No waiver of the rights of workers, whatever their source. Action is void, arrangement or agreement waiving or impairment of these rights. It is only possible and settlements are the term of employment, in accordance with the requirements established by law and regulations.
c) Priority of reality or the facts, face shape or appearance of the acts deriving from the juridical work.
d) Conservation of employment:
1. i) The presumption of continuity of the employment relationship by virtue of which in case of doubt about this species or not, be resolved in favor of subsistence.
2. ii) Preference of employment contracts indefinitely, in response to which character will be allocated exceptional cases of term contracts authorized under Article 77 of Organic Law Work.
3. iii) Admission of subjective and objective novation of the employment contract.
4. iv) Compensation on termination of employment for reasons attributable to the employer, and
5. v) Interruptions of the employment relationship estimated irrelevant as causes of extinction in terms of articles 93 and 94 of the Labor Law.
e) Non-arbitrary discrimination in employment on the basis of gender or sexual preference, social status, race, religion, political belief, trade union activity, or any other relevant criteria based on inconsistent the legal system.

This principle includes discrimination which might arise in advance of the birth of the relationship work, such as, among other cases, imposing as a condition of admission to the company to refrain from exercising union activities or to undergo pregnancy tests.

f) Gratitude in administrative and judicial procedures in the work.

Article 4

Amending Article 9, as follows:

“Article 10

Labor transaction:

In accordance with the principle of inalienability of the rights that favor workers, referred to in paragraph 2 of Article 89 of the Constitution of the Bolivarian Republic of Venezuela, in accordance with Article 3 of the Labor Act, transactions, and agree only be made the term of employment and rights whenever they deal with disputed or discussed, shall be in writing and containing a detailed account of the events to motivate them and of the rights comprised therein.

Consequently, no transaction will be deemed as a mere list of rights, even if the worker has declared their conformity with the contract. In this case, the employee kept full action to enforce the obligations of the employment relationship.

Article 5

Amending Article 16 as follows:

“Article 17

Fundamental duties of the employer:

The employer shall, inter alia, the following fundamental duties:

a) Pay the wages of a laborer, on the terms and conditions in the undertaking, establishment, operation, or task.
b) Take appropriate measures to prevent the damaged laborer in his person or property during the provision of its services.
c) To ensure the effective occupation laborer and appropriate professional qualifications and the conditions physical and mental, in terms as may be agreed or that desprendieren nature of productive activity.
d) Respect for the dignity of the worker and, therefore, their privacy and freedom of conscience, and
e) Provide equal treatment and opportunities for workers without prejudice to the preferences based on relevant criteria referred to Article 14 of this Regulation.

Article 6

Amending Article 18 as follows:

“Article 19

Right not to comply with the instructions:

Without prejudice to the duty of obedience, the worker may refrain from performing the work ordered where they are clearly inadmissible, i.e., incompatible with his dignity, or set themselves in immediate danger life, health, or the preservation of the company.

The laborer must state the employer dissatisfaction with the work ordered, in cases provided for in Article 69 of the Labor Act, and ratify, as soon as possible, by letter which shall, also, the Labor Inspectorate of jurisdiction and, if health and safety work, the delegate of prevention and immediate supervisor of the situation in question.

In any case, the employer must provide an explanatory response, within five (5) days following the worker and other agencies involved. The lack of a timely response shall constitute acceptance circumstances stated by the worker.

Paragraph: If the worker is fired or discriminated against in employment, on the occasion of his refusal justified to meet the employer’s orders, it may take action under Article 15 of this Regulation. Of Similarly, if the employer persists in spite of the dissatisfaction expressed by the employee working, it may be withdrawn by invoking the event as a cause for it.

Article 7

Amending Article 30 as follows:

“Article 25

Probation

The parties may agree on labor contracts concluded in writing a trial period not exceeding ninety (90) consecutive days, in order that the laborer to judge whether the conditions are of convenience and the employers appreciate their knowledge and skills.

During the trial period, either party may terminate the contract of employment without any place to compensation, without prejudice to any rights that may have been caused in proportion to the time worked and as the notice period in accordance with Article 104 of the Labor Law.

First Paragraph: The stipulation is void to establish a probationary period if the worker has played the same or similar functions in the company before, in any form.

Second Paragraph: The trial period will be considered to determine the age of the worker, as he continues to provide services once it expired.

Article 8

Amending Article 31 as follows:

“Article 26

Term contract extension:

It is understood that special reasons justify mediate two (2) or more extensions of fixed-term contracts without altering his condition when the circumstances that justified its conclusion on the terms of Article 77 of Law Labour Organization, the time-stretch it out better than expected at the time of the conclusion of that contract.

Article 9

Amending Article 37, as follows:

“Article 31

Obligation to notify. Effects:

The substitution of the employer not affect relations and working conditions, legal or conventional, and nor affect previously established trade union organizations. In any case, it must be notified to the workers involved.

The written notification shall, in time, when it depends upon the will of the employer, and shall contain a comprehensive identification of the substitute, the date on which to perform the replacement, and causes.

If substitution would be inconvenient to the worker’s interests, he may invoke within thirty (30) days after notice and demand, in terms of Article 101 of the Labor Law, the termination of the employment and payment of compensation that would have accrued in the event of dismissal unjustified.

Article 10

Amending Article 38, as follows:

“Article 32

Transfer or worker’s assignment:

Verifying the transfer or assignment of the worker where the employer provision will remember him a final service and indefinite, subject to reporting and on behalf of another, with the latter’s consent.

The transfer or assignment of the worker shall be submitted to the employer substitution scheme and produce their same effects.

The transfer or assignment of the worker shall not apply when workers of the company are exercising their rights to organize and bargain collectively.

Article 11

Amending Article 41, as follows:

“Article 34

Effects:

During the suspension of the employment relationship, the worker and the employer will be exempted from reciprocal duties of providing the service and pay the wages.

However, in this case, the employer must comply with obligations concerning the provision of housing and worker’s power, if applicable.

Paragraph: The employee, to cease the suspension of the employment relationship, you must return to her workplace:

a) In the cases mentioned in subparagraphs a), b), d), e) h) of Article 94 of the Labor Law, Business Day next.
b) In the cases referred to in subparagraph g) of Article 94 of the Labor Act, according to the scheduled or, default, the next business day, and
c) In the cases of subparagraphs c) and f) of Article 94 of the Labor Act, within five (5) working days following.

Failure to be reinstated in due time, the worker may bring an action under Article 15 of this Regulation.

Article 12

Amending Article 63, as follows:

“Article 40

Initiation of proceedings:

When he learns of a mass layoff, the Labor Inspector responsible for the territory, proceeding or upon its own motion, order the employer notification to the second (2nd) day appear next business by himself or by proxy, in order to be questioned under oath about following individuals:

a) The number of workers who have joined the payroll of your company in the last six (6) months;
b) The number of layoffs that took in the same period, identifying workers dismissed;

In this act the employer or his representative must provide the list of workers that have integrated the company in the last six months, identifying the redundant workers.

If the result of interrogation evidenciare the employer committed massive layoffs, in terms of Article 34 of the Labor Act, the Inspector shall state in the respective file and forwarded to the Minister of Labor, in order to decide on the suspension of the same and the payment of wages.

Article 13

Amending Article 64, as follows:

“Article 41

Joint evidence:

When the interrogation proves the layoff issue, the Inspector will open a joint probation of ten (10) days to relevant evidence, of which three (3) first will be for promotion, two (2) days to object and the five (5) days remaining for disposal. In the search for truth by the inspector shall have the broadest powers of investigation. Administration Work may perform, among other actions, inspections or supervision as it deems necessary.

Article 14

Article 65 was amended, as follows:

“Article 42

Report:

Within eight (8) business days following the expiration of the probationary period, the Labor Inspector prepare a report which shall specify the number of workers that make up the roster, the number of workers laid off, and the period in which they were executed. The report will be forwarded to working day following the Minister of Labor.

Article 15

Amending Article 67, as follows:

“Article 44

Order of reinstatement:

Demonstrated the existence of massive layoffs, the Minister of Labor, within twenty (20) days following receipt of the report, decide whether there are grounds of social interest to suspend its effects. If decide that there are grounds to suspend social interest, order the reinstatement of affected workers their jobs, to pay the salaries and other benefits they are entitled and which have failed to receive from the time the dismissal was made to date of reinstatement, as well as any other measure necessary to ensure the implementation of this decision.

Article 16

Amending Article 68, as follows:

“Article 45

Procedure in case of conflicting layoff:

Resolution issued to order the suspension of the effects of layoff and, therefore, the resettlement of affected workers concerned and payment of lost wages if the employer persists in his intention to dismiss shall have the procedure laid down in the next section of this Regulation subject compliance with the administrative order.

Article 17

Amending Article 69 as follows:

“Article 46

List of demands:

When the employer seeks a reduction in staff based on the existence of circumstances economic, or progress, or technological changes must be submitted to the Inspector of Labor the town a list of demands that will be processed in accordance with the provisions of Chapter III of Title VII of Organic Labor Law and these Regulations.

The statement of claims should contain the following information:

a) Identification of the employer and if it is a legal person must provide a copy of the identity card of the legal representatives, as well as register and statutory reforms to date.
b) Number of workers who serve in the company and identification of them and those who desiring to be affected by the reduction stating their positions or jobs, seniority in the service of the employer and last salary earned.
c) Description of production systems and processes used in the company and those for which they seeks to replace, noting the advantages of them and their impact on productivity, if any, and
d) Analysis of the economic situation of the company if the application will found in this circumstance. In this case, should accompanied by balance sheets and profit and loss statements duly audited.

Paragraph: The Labor Inspector may request the collections and information deemed relevant searches or inspections and order measures of expertise.

Article 18

Article 70 was amended, as follows:

“Article 47

Composition of the conflict by the Board of Conciliation:

In the procedure referred to in the preceding article, the Conciliation Board referred to in Article 479 of the Act Labour Organization, will aim to reach unanimous agreement regarding:

a) The workers will be affected by the downsizing;
b) The period within which to implement the downsizing or, conversely, the partial or date of return total of the workers concerned;
c) The compensation that may correspond to the affected workers concerned.

Article 19

This inserts a new article on the changing conditions of work, the text will read:

“Article 48

Changing conditions:

Instead of downsizing, the Conciliation Board may resolve some of the following solutions:

1 .- The change in working conditions contained in the collective agreement on the terms set out in Articles 525 and 526 of the Labor Law;
2 .- The collective suspension of work in order to overcome the economic crisis posed for a period not exceeding sixty (60) days shall be observed as provided in Article 34 of this Regulation;
3 .- The beginning of a process of recapitalization and revitalization of the company with the participation of their associative workers, under co-management or self-managed forms. In this case, the State will provide protection particular, providing that such companies are managed under a system of responsibility:
1. a) Obtain credit preferences or subsidies from government financial institutions;
2. b) Have access to renegotiate agreements to maintain debt payments to the National Treasury or related to social security contributions;
3. c) Have access to the implementation of recovery plans or development of industry and domestic services, which involve financial or tax preferences;
4. d) Participation in government procurement programs, Tires and Wheels Macro business, national and international
5. e) support and comprehensive protection for innovation and technological expansion that expand the productive capacity Company;
6. f) Other incentives for preferential status established by the State aimed at the recovery and revitalization of companies.

Article 20

Amending Article 71, as follows:

“Article 49

Composition of the conflict by the Board of Arbitration:

When the reconciliation had not been possible within the period laid down in Article 525 of the Organic Law Work, the dispute raised on the economic circumstances of progress or technological changes affecting the Company will be submitted to an Arbitration Board, whose appointment, constitution, and operation are governed by standards contained in Section Four of Chapter III of Title VII of the Labor Act, subject what you have, where appropriate, the agreement or arbitration which may subscribe to.

Article 21

Amending Article 74, as follows:

“Article 51

Efficiency wage atypical

Share of wages in no event exceed twenty percent (20%) may be excluded from the calculation basis of allowances, benefits, and allowances arising from the employment relationship under the following rules:

a) It shall be agreed in the collective agreement.
b) In the event that the respective company or union workers have not unionized workers, may be agreed:
1. i) Collective Agreements concluded by the employer with a coalition or group of workers in as provided in Title III of this Regulation, or
2. ii) Individual employment contracts, with clauses that express in detail its scope.
c) can only be agreed if it affects a portion of salary increase to recognize the workers, or the start of the employment relationship for purposes of the original setting of wages.
d) shall specify the services, benefits, and allowances, whatever their source, for whose calculation is not estimate the portion of the salary referred to, and
e) The share of wages to which it has retained its effectiveness atypical legal nature and, accordingly, is subject to the protection regime, mode of payment of wages and privileges.
f) The share of wages to which it has an atypical performance in any way affect the minimum wage.

Paragraph: In the case of workers excluded in accordance with the Organic Law Labour, of the scope of the collective agreement, wages may be agreed atypical performance through collective agreements or individual employment contracts.

Article 22

Amending Article 76, as follows:

“Article 53

Wage increases of productivity.

Increases productivity in a company and cause improvement of production higher wages for workers.

To this end, the company and its workers agreed, in relation to production processes in a department, section, or workplace, plans and programs aimed at improving both product quality as productivity and, in them, consider the incentives for participants, according to their contribution.

Article 23

Amending Article 81, as follows:

“Article 58

Verification of declared:

The Tax Administration, when so requested in accordance with the provisions of Article 181 of the Act Labour Organization, performing the tests as they deem appropriate for the purposes of verifying the income earned by the employer in one or more financial years and render a report within a period not to exceed six (6) months from the date of the application.

Such application may also be made by the Labor Inspector.

The said report shall be submitted, duly certified, applicants, the employer, and the Minister Labour Minister.

Article 24

Amending Article 82, as follows:

“Article 59

Bonus replacement:

Bonuses to shrink by Articles 183 and 184 of the Labor Law shall be calculated based on comprehensive salary and must be paid within fifteen (15) days of December each year. If wage per unit of work, or by the piece or commission, shall be the average salary earned during the period worked in the year immediately preceding the payment of the bonus.

Article 25

Article 83 was amended, as follows:

“Article 60

Minimum wage:

May not agree on a salary less than that which governs least in accordance with the provisions of the Organic Law Labour and this Regulation.

Paying below the minimum wage will be punished in accordance with Article 627 of the Labor Law.

In addition, the offender offending employer shall repay to the worker the difference between the minimum wage and actually paid, as well as their impact on profits, benefits, and compensation for all time that have received lower salaries than those set as a minimum, plus pay the amount equivalent to interest accrue that amount to the lending rate determined by the Central Bank Venezuela, with reference to the six (6) major commercial and universal banks in the country.

Article 26

Amending Article 84, as follows:

“Article 61

Rules for determining minimum wages:

Minimum wages may be established by:

a) Consultation in the context of a tripartite commission, in accordance with Articles 167 and following of the Law Labour Organization;
b) Democratic participation and leading role through a Social Dialogue Committee of national character;
c) minimum wage rates by industry in accordance with the provisions of Article 171 of the Organic Law Labour, and
d) Decree of the President of the Republic, under the terms provided in Article 172 of the Organic Law Work.

Article 27

Article 85 is amended, as follows

“Article 62

Integration of the Social Dialogue Committee of national character:

A Social Roundtable review of national minimum wages, at least once a year and have a within thirty (30) days after installation during the month of January each year to take a recommendation.

National Executive shall from that recommendation, without prejudice to the powers conferred on him Article 172 of the Labor Law, fix the amount of minimum wages.

The Social Dialogue Committee of national character made up in equal representation from:

a) The trade union organizations representing workers, properly registered with the Ministry with jurisdiction over the matter.
b) Trade union organizations most representative of employers, duly registered with the Ministry with subject matter jurisdiction.
c) The most representative organizations of the popular economy.
d) The National Executive.

The participation of trade unions, they must meet the obligations under article 430 of the Labor Act and found no expiration of the period for which they were elected to their Boards Directives.

Article 28

Amending Article 86, as follows:

“Article 63

Coordination of the Social Dialogue Committee of national character.

Corresponds to the National Executive through the minister Labour Minister coordinating the Roundtable National and social character, by that virtue must perform the following functions:

a) Set well in advance, with knowledge of its members, venue and timing of meetings Mesa;
b) To propose, at the beginning of each meeting, the agenda of the day
c) To serve as moderator during the meeting;
d) Invite the Board meetings, as an exhibitor or observers, to people he deems appropriate;
e) Request the Task Force referred to in Article 66 of this regulation, market studies work that are relevant;
f) Prepare the final report on the agreements reached within the Bureau, and
g) Any other as may be provided in the rules of procedure of the Bureau.

Article 29

Article 88 was amended, as follows:

“Article 64

Recommendation of minimum wages differentiated:

The Social Dialogue Committee appointed under the preceding articles may recommend different minimum wages, for different states, regions, or geographic areas, taking into account the cost of living in rural areas, in areas urban and metropolitan areas and other elements, which might make the difference.

Article 30

Article 90 is amended, as follows:

“Article 65

Minimum wage fixing by the President of the Republic:

If after the lapse of thirty (30) working days from the installation of the Bureau of Social Dialogue in nature no national recommendation is adopted, the Executive may apply to the conditions specified in article 172 of the Labor Law.

Article 31

Amending Article 91, as follows

“Article 66

Task Force

Establishing a Task Force under the Ministry of Labor and whose primary function will serve as permanent secretariat and technical advisory body to the Bureau of Social Dialogue at the national.

The Task Force shall be composed of experts from the Ministry of Labor and at least one representative from each one sector to become the officers of a national Social Dialogue. This equipment will be coordinated by person appointed by the Minister of Labor.

Article 32

Amending Article 92, as follows:

“Article 67

Functions of the Task Force:

The Task Force referred to in the preceding article shall have the following functions:

a) To collect, systematically, records and other requirements emanating from the Social Dialogue Committee of national character.
b) Evacuate the views or opinions as may be requested by the Bureau of Social Dialogue at the national or considers relevant to the performance of their duties.
c) Coordinate the technical aspects that the Bureau of Social Dialogue at the national require for the proper performance of their duties.
d) Through its coordinator, minutes of meetings held by the Bureau of Social Dialogue national.
e) Provide to the Bureau of Social Dialogue at the national facilities required for the effective implementation of functions.
f) Any other as may be assigned by the Social Dialogue Committee of national character

Article 33

Article 93 is amended, as follows:

“Article 68

Status of members of the Bureau of Social Dialogue at the national and the Task Force:

The representatives of social sectors that integrate the Bureau of Social Dialogue at the national and Equipment Force will not be considered for this condition, public officials or public servants.

Article 34

Amending Article 59, as follows:

Article 69

Duration of the Decree to set minimum wages:

When the National Executive thinks fit to fix minimum wages, having regard to Article 172, the Labor Act and observed that regardless of the consultations referred to in that article, send the relevant Decree to the National Assembly for consideration, within five (5) business days following its publication in the Official Gazette of the Bolivarian Republic of Venezuela.

The National Assembly, within ten (10) days following the date of receipt of the Ordinance, shall ratify or suspension. If the referred period elapse without causing any pronouncement, operating the tacit ratification.

The decree to set minimum wages shall, in any case, indicate that its validity is subject to ratification, express or implied, by the National Assembly.

The National Executive may, instead of publishing the decree that set minimum wages, refer to the respective project National Assembly for consideration and proceed with the publication once it has ratified the express or tacitly attention to Article 22 of the Labor Law.

In this case, be incorporated into the text of the decree’s reference to ratification achieved.

Paragraph: This rule shall apply to the case of decrees that the Executive must submit to the

National Assembly for consideration in accordance with Article 22 of the Labor Law. “

Article 35

Amending Article 96, as follows:

“Article 70 (sic)

Calculation of benefits, allowances, compensation and penalties:

In cases where the minimum wage lays the basis for calculating benefits, benefits, allowances or

sanctions, the term referred to the monthly minimum wage in the capital of the Republic. If it

effect are found on two (2) or more minimum wages, the term referred to one of greater value:

Article 36

Amending Article 102, as follows:

“Article 76 (sic)

Proceedings in bankruptcy proceedings:

In cases of transfer of assets or bankruptcy, which involved claims of employees will follow the following rules:

a) The judge or judge of the contest shall order the immediate payment of claims protected by the privilege provided for in

Article 158 of the Labor Law. Payment will be paid with funds that exist at the time

declaring the transfer of assets to the bankruptcy:

In the absence of sufficient funds, this payment will be made a priority to the proceeds of operations

settlement to be authorized.

When the judge or judge decides to prescribe preventive occupation of the assets of the debtor or debtor in the same decree

instruct the depositary to proceed to the payment of amounts referred to in Article 158 of the Act

b) If the worker or worker asked for the payment of claims protected by the privilege provided for in section 158 of

Act, which does not appear in the accounts of the company, if established, or in any document issued by the employer or

patron, or if they were contradicted before the judge or judge of the contest, it will send the revenues to the judge

holding the labor courts, which should proceed to resolve the conflict in the workplace adjective process.

c) If the opportunity for qualifying claims in bankruptcy proceedings were contradicted one or more of the

claims protected under the privileges set out in Articles 159 and 160 of the Labor Law, and not

could achieve reconciliation, the court or judge of the contest will send the respective file to the judge Labour

competent, in order to be processed in accordance with the provisions of adjectival law work. In this case,

presentation of the worker’s claim before the judge or judge of the contest will have the same effect as

libel claim and shall meet the requirements set forth by the law of competition and the adjective law

work.

d) In any case, the orders received by the court or judge of the work it can legally agree on preventive measures

from, which will immediately notify the court or judge, the competition, and

e) The final decision of the Judge firm Labour have res judicata and shall be

executed by the Judge or Judge of the competition. “

Article 37

Amending Article 103, as follows:

“Article 77 (sic)

Compensation:

When the employer or patron extend credit or guarantee to guarantee the provision of old, in the terms and

conditions laid down in Article 108 of the Labor Law, may upon termination of the relationship

work to offset the outstanding balance in respect of such credits or guarantees to the amount that corresponds to the worker or

working for delivery.

In the case of other claims, compensation, may only affect up to an amount equal to fifty percent

(50%) of the amount due from the employer or employer to the worker, unless the court of final

firm determined that the employer or employer’s credit resulting from a wrongful act of the employee or worker, in which

case shall the compensation to the amount of such credit. The provisions of this Article shall not prevent the employer

or patron exercises actions conferred by common law to recover the balance of your credit. “

Article 38

Amending Article 109, as follows:

“Article 81 (sic)

Extension of time:

Not be subject to extension of the day, those tasks that involve unsafe or unhealthy conditions, a

unless there are circumstances under Articles 202 and 203 of the Labor Law, and all

case should be given effect to the provisions governing the conditions and working environment. “

Article 39

Amending Article 111, as follows:

“Article 83 (sic)

Companies subject to seasonal variations:

Companies are deemed subject to seasonal fluctuations, which must meet a predictable periods

intense activity by the substantial increase in demand for their products or services at certain times of year such

as those aimed at the exploitation of tourism or agriculture or livestock

bounded by seasons, or processing of products derived from them.

The Ministry of Labour, in consultation with the competent ministries in their respective industries,

Special Resolutions set by the date of commencement and completion of the seasons, and the scope

geographical application.

In the cases referred to in this article may increase the duration of the day, during the periods or

seasons that require it, provided that:

a) The prior authorization request to the Labour Inspector or Inspector’s jurisdiction, indicating the identity of

each of the workers who serve on such days.

b) were agreed in the collective agreement or, where the company employees or workers have not

unionized, the collective agreement or individual employment contract, with details of the compensation that they

be granted, which in no case be less than those provided for in section 155 of the Organic Law

Work.

c) The workers do not work more than two periods or seasons each year under the arrangements in

this article.

d) The workday does not exceed ten (10) hours, in which workers are entitled to a

furlough time.

e) Total hours worked over eight (8) weeks does not exceed the ceilings laid down in article

90 of the Constitution of the Bolivarian Republic of Venezuela and Article 195 of the Labor Law. “

Article 40

This inserts a new section on continuous necessarily work in shifts, longer hours, which reads

will read as follows:

“Article 84

Necessarily continuous work and shift work:

Necessarily continuous work and shift work in accordance with the provisions of Article 201 of the Organic Law

Labour is subject to the following rules:

a) The working day shall not exceed twelve (12) hours, within which the laborer is entitled to

one-hour furlough.

b) During each period of seven days, the laborer should enjoy at least one day

rest.

c) Total hours worked over eight (8) weeks does not exceed the limits laid down in Article 90 of the

Constitution of the Bolivarian Republic of Venezuela and Article 195 of the Labor Law. “

Article 41

This inserts a new article on the time limits by agreement between employers and workers, the text will

read:

“Article 85

The time limits by agreement between employer and employee or employer or worker:

Modifications to the limits of time by agreement between the employer or employers and workers or workers in

accordance with Article 206 of the Labor Law, be subject to the following rules:

a) The working day shall not exceed twelve (12) hours, within which the laborer is entitled to

one-hour furlough.

b) During each period of seven days, the laborer should enjoy at least one day

rest.

c) Total hours worked over eight (8) weeks on average does not exceed forty-four (44) hours

week.

This agreement shall be submitted for approval and to the respective Labour Inspectorate. “

Article 42

Amending Article 114, as follows:

“Article 88 (sic)

Weekly:

The laborer is entitled to rest one day a week, which coincides with Sunday. In

assumptions can not be interrupted work on the terms laid down in Article 213 of the Organic Law

Work may be agreed upon a day other than Sunday for the enjoyment of the compulsory weekly rest. In all cases

worked on Sunday shall be paid in accordance with the provisions of Article 154 of the Organic Law

Job. “

Article 43

This inserts a new article on the ordinary working hours on a holiday, the text will read:

“Article 90

Ordinary working day on a holiday:

In cases where the law allows the normal working day involves the provision of holidays,

must be paid to the worker additional compensation for work on a holiday, in accordance with

Article 154 of the Labor Law. “

Article 44

This inserts a new article on the salary for the calculation of holiday and vacation bonus, the text shall be

read:

“Article 95

Salary for the calculation of holiday and vacation bonus:

The holiday pay and vacation bonus must be based on the normal salary earned by the worker or

working in the month immediately preceding work day actually enjoy the right to vacation.

If wages per unit of work, piece, piece rates or commission, shall be the average salary earned during the

year immediately preceding the date on which the right to actually enjoy the holiday.

When for any reason terminate the employment relationship without the worker or the worker has enjoyed

holiday entitlements, the employer or the employer must pay remuneration calculated on the basis

final salary that has accrued, including payment for public holidays and weekly rest required that

would have accrued have indeed enjoyed the holidays. “

Article 45

Amending Article 125, as follows:

“Article 100 (sic)

Breastfeeding:

The nursing period, referred to Article 393 of the Labor Law, no less than six (6) months

from the date of delivery, without prejudice to the Ministries of Labor and Health to extend this period

by joint resolution.

Working women, completed the postnatal period, notify the employer or employer the opportunity that

enjoy daily breaks for breastfeeding. The employer or employer may only require changes to the points

by the worker, when in their opinion this affects the normal development of the productive unit and stating

reliably. In case of disagreement between the parties, the Labour Inspector or Inspector will decide whether or not

deteriorates in accordance with the procedure laid down in Article 454 of the Labor Law. “

Article 46

Amending Article 126, as follows:

“Article 101 (sic)

Worker worker beneficiary or beneficiaries:

The employer or employer who employs more than twenty (20) workers and / or workers, day care or services shall maintain

early education for their children during the workday. For this purpose, the calculation of the number of

workers will be held under the concept of economic unity of the same, even in cases where

it appears divided on different farms or other legal entities or organizations in different

departments, agencies or branches, for which separate accounts are kept.

Employers and employer shall ensure this benefit to workers who are paid a wage

monthly cash payment not exceeding the equivalent of five (5) minimum wage until their sons or daughters met

five (5) years of age.

If the employer or employer fails to comply with this benefit must compensate the employee or canceled job

the amount of money allotted to him also to pay an amount equal to the interest that would accrue

amount to the lending rate determined by the Central Bank of Venezuela, with reference to the six (6) major

commercial and universal banks in the country. “

Article 47

Amending Article 127, as follows:

“Article 102 (sic)

Methods of compliance:

The obligation under the preceding article may be satisfied by:

a) The installation and maintenance, by one or more employers or employers, day care or educational services

initial.

b) Payment of tuition and monthly payments to day care or early childhood services, duly registered with the

authorities. In this case, the obligation of the employer or employer shall be deemed satisfied by the payment of

amount of money equal to forty percent (40%) of the minimum wage, tuition and fees each

monthly.

c) Any other method is established by joint resolution, the Ministries of Labor and Education.

In any case, the employer or employer may fulfill its obligation by paying in cash or kind, the worker or

working of the costs of childcare or early education services. Exceptionally, where the

employer or employer fulfills its obligation under paragraph a) of this section and a cause beyond

laborer interrupt the provision of childcare or early education services, will

obliged to pay compensation to the worker in accordance with paragraph b) of this rule during the time

during such breaks. “

Article 48

Amending Article 132, as follows:

“Article 106 (sic)

Choosing child care:

If the employer or employer adopts the method of compliance provided in subsection b) of Article 102 of this

Regulation must agree with their workers or beneficiaries receiving child care workers that

providing services. In case of disagreement, be submitted to the Labour Inspector or Inspector’s jurisdiction, who

decided within the period fixed period of five (5) working days. “

Article 49

Amending Article 140, as follows:

“Article 110 (sic)

The limitation period:

In cases where one has been initiated proceedings under Article 454 of the Organic Law

Work or Articles 187 and following of the Labour Procedure Law, the period of limitation set forth in

Article 61 of the Labour Act begin to run when the procedure has been completed by

final decision or any action which has the same effect. “

Article 50

Amending Article 144, as follows:

“Article 114 (sic)

Subject groups:

Considered as collective subjects of labor law and, therefore, entitled to freedom of association, organizations

union of first, second and third grade, coalitions or groups of workers, and the cameras

Employers, on the terms and conditions of the Labour Act, and other organizations representing

collective interests of either workers on the one hand, or employers and employers, on the other. “

Article 51

Amending Article 145, as follows:

“Article 115 (sic)

Representativeness:

When it requires, the employer or employer collective bargaining or the right is exercised the conflict, the organization

association applicant or, failing that, the collective subject entitled, shall represent the absolute majority of

workers concerned.

To this end, if the employer or employer association or other organization concerned refuses the said representation, the

Labour Inspector or Inspector Competent determined through union referendum procedure provided

in Section Five of Chapter III of this Title or, if this proves not possible or inconvenient,

finding any other mechanism provided to ensure impartiality and confidentiality.

Paragraph: Two or more trade unions may work together for the purpose of forcing the employer or

employer to bargain collectively or to exercise the right to dispute. “

Article 52

Amending Article 149, as follows:

“Article 119 (sic)

Young workers. Trade union rights:

The young workers can freely exercise their trade union activity. “

Article 53

Amending Article 152, as follows:

“Article 122 (sic)

National unions. Trade union for managers and directors of the Sectional:

The election of members of the board of the Section of an organization set up at national level

the purposes set out in Paragraph One of Article 418 of the Labor Law must be notified to the

National Labour Inspectorate where the union was registered with a certified copy of the record of choice,

so that it makes the employer or employer notification. “

Article 54

Amending Article 153, as follows:

“Article 123 (sic)

Judicial call to union elections. Appointment of Electoral Commission:

The application referred to Article 435 of the Labor Law shall be handled as provided in

Article 15 of this Regulation.

The Labour Court ordered the union election call and take the necessary measures to ensure

the normal development of the electoral process. “

Article 55

This inserts a new section on accountability, the text will read:

“Article 127

Accountability:

The board of trade unions must submit detailed and complete account of his administration.

Those who have not complied with this requirement will be ineligible to be reelected. “

Article 56

This inserts a new article on union elections, the text will read:

“Article 128

Union election. Period Expired:

Trade unions have the right to conduct their elections without further limitations than those established

in its statutes and the law.

Members of the board of trade unions whose period for which it was elected has expired,

in accordance with the provisions of Articles 434 and 435 of the Labor Law and its statutes, can not

carry, hold or represent the union in legal acts which exceed the simple administration.

Article 57

Amending Article 168, as follows:

“Article 140 (sic)

Presentation of the draft collective agreement to the Inspector or Inspector:

The presentation of the draft collective agreement before the official or competent official will work the

union, in accordance with its statutes and the law, acting for body whom they empower.

If a group of workers desiring to bargain collectively, must submit the draft agreement

group to the Labour Inspector or Inspector of the jurisdiction, authority who appointed its members.

Likewise, if the initiative APPLICABLE to the employer or patron, the draft collective agreement may be

submitted by him or her or their representatives. “

Article 58

Section 172 is amended, as follows:

“Article 144 (sic)

Correction of errors or omissions:

If the Labour Inspector or Inspector considers it appropriate, in place of deposit, may indicate to the parties to the

collective agreement observations and recommendations as appropriate, in accordance with the provisions of Article 50

Organic Law on Administrative Procedures.

If interested stakeholders and insist upon the deposit of the convention, the Inspector or Inspector of

Work will proceed in that direction and settle their respective comments on the administrative ruling, certifying

clauses of the convention which are not contrary to public order. “

Article 59

Amending Article 179, as follows:

“Article 151 (sic)

Extension of the duration of the convention:

The parties may extend the duration of the collective agreement for a limit not exceeding half of the period

for which it was agreed upon. “

Article 60

Amending Article 180, as follows:

“Article 152 (sic)

Modification of the convention. Binding Arbitration:

Overcome them without agreement of the parties, the conciliation period referred to Article 525 of the Organic Law

Work, conflict, if essential public services would affect the terms of Article 182 of this Regulation,

referred to arbitration, substantiated and determined, in the absence of agreement or arbitration, in accordance with Section

Four of Chapter III of Title VII of the Act “

Article 61

Amending Article 182, as follows:

“Article 154 (sic)

Scope:

Be submitted to the arrangements provided in this Section, collective bargaining in the field of Administration

National Public centralized and autonomous institutes, foundations, associations and state enterprises.

Collective negotiations involving governors or mayors, or their decentralized, be subject to

arrangements provided in this Section, as far as compatible and as provided in Article 163 of the

Regulation. “

Article 62

Amending Article 183, as follows:

“Article 155 (sic)

Technical and financial criteria for negotiation:

The President of the Bolivarian Republic of Venezuela, the Council of Ministers shall establish the criteria

technical and financial resources should pay those who represent them in collective bargaining to the entities listed in

preceding article.

Paragraph: The agreements concluded in the public sector, on the occasion of conflicting processes are subject

also to the rules of this section to ensure that the obligations do not seek to take

exceed the technical and financial limits established by the National Executive. “

Article 63

Article 184 is amended, as follows:

“Article 156 (sic)

Presentation of the draft collective agreement:

The trade union seeking to negotiate and conclude a collective agreement in the public sector

Inspector shall submit to the competent Labour Inspector or the respective draft convention. “

Article 64

Amending Article 185, as follows:

“Article 157 (sic)

Referral of the project:

Received the draft collective agreement, the Labour Inspector or Inspector shall forward a copy to the entity

employer and asked for the referral of comparative economic study, over a period of thirty (30) days based on

standards set by the Ministry of Planning and Development, evidencing the costs of working conditions

existing and planned in this project.

The Ministry of Planning and Development will pay the mandatory report within thirty (30) days after

the date of receipt of the comparative economic study. “

Article 65

Amending Article 188, as follows:

“Article 160 (sic)

Celebration of the collective agreement:

The employer entity may conclude a collective agreement to have the report issued by the Ministry of

Planning and Development, stating that the commitment is to take does not exceed the technical and

Financial established by the National Executive.

In case the Ministry of Planning and Development determines that the commitment exceeds those limits,

shall decide on the necessary adjustments and return the text of the agreement the Inspector or Inspector of Labour,

body so that the employer negotiate adjustments in accordance with the observations. “

Article 66

Amending Article 189, as follows:

“Article 161 (sic)

Responsibility of the representatives from employer:

The failure of both technical and financial instructions established by the National Executive as the

These provisions, by the representatives of public sector bodies involved, will result in

establishment of its responsibility under the Law Against Corruption, without prejudice

administrative, criminal and civil proceedings that might arise. “

Article 67

Amending Article 191, as follows:

“Article 163 (sic)

Negotiating regional and local level:

In the area of collective bargaining involving governors and mayors, or its decentralized,

following shall apply:

a) The technical and financial criteria for the negotiation shall be fixed by the Governor or the Mayor or

Mayor, as the case may be;

b) Studies under the Ministry of Planning and Development, will be developed by the unit to which

appropriate play analogous roles in the respective field of Interior or mayor, and

c) the interests of the governor or mayor, will be represented by the State Attorney or Receivership

Municipal, whichever the case. “

Article 68

Amending Article 193, as follows:

“Article 165 (sic)

Resolving disputes. Collective autonomy:

The exercise of trade union activities in-house or outside it shall in any case, the approach

disputes. His solution is the right of the subjects referred to in Article 114 of the Regulation,

collective exercise of autonomy which they are entitled.

The collective labor disputes involving the exercise or strike will be governed by the provisions of the Act

Labour Organization and this Regulation. “

Article 69

Amending Article 198, as follows:

“Article 170 (sic)

Verification Statement conflicting requirements:

On the business day following the presentation of conflicting statement, without prejudice to the obligation to transcribe or

notify the employer or employer by any appropriate means, the Labour Inspector or Inspector shall ensure that:

a) The fulfillment of the requirements to be submitted to comply with government bodies

public in accordance with the Administrative Procedures Law;

b) That the object complying with the provisions of Articles 469 of the Labour Act and 167 of this

Regulation;

c) The presentation of authentic record stating the conclusion of the Assembly agreed to introduce the statement

conflict, and

d) To have exhausted legal or contractual grievance procedures. “

Article 70

Amending Article 201, as follows:

“Article 173 (sic)

Permissible exceptions and defenses:

Only in the first meeting of the Conciliation Board the employer or employer may make opposing arguments and defenses. The

Labour Inspector or Inspector, decide within forty-eight (48) hours, the employer or employers not

any defenses or defenses on what has been the subject of a decision by the Inspector or

Labour Inspector, on the occasion of the presentation of the statement. The decision of the Inspector or Inspector will hear

appeal in the terms set out in Article 519 of the Labor Law. “

Article 71

Section 211 is amended, as follows:

“Article 183 (sic)

Minimum essential services. Self-regulation:

In collective agreements to govern companies or organizations pertaining to the provision of any of the

essential public services mentioned in the previous article, the parties shall govern the minimum services

necessary to be ensured during a strike.

Sole Paragraph (fixing of minimum services for the Labor Board): If in collective agreements

concluded not been regulated minimum essential services to be guaranteed in case of strike or

rigiere unless a collective agreement may be made during the deliberations of the Conciliation Board or,

any case, before the outbreak of the strike. “

Article 72

Amending Article 216, as follows:

“Article 188 (sic)

National Mediation Commission (CONAMA):

The Minister / Minister of Labor may refer to the knowledge of a National Mediation

(CONAMA), ex officio or upon request of the parties, collective labor disputes that could affect the sector

public and essential public services.

The Commission shall be attached to the Ministry of Labour, in which organic regulation will be determined, inter alia, their

operating range. Will be chaired by the head of the firm or the civil servant or that he or she

appointed and will be made also by two representatives from:

a) The Arbitration and Mediation Service (SENAME), referred to Article 174 of this Regulation;

b) Trade union organizations most representative workers and more organizations

representing employers and patrons, in the terms provided in Article 62 of this Regulation;

c) The Attorney General’s Office, the Ministry of Planning and Development and the National

Budget, if the conflict will engage the National Public Administration.

The Commission shall, for a period of ten (10) working days, mediation and, by that virtue, subject formulas

under specific consideration of the subjects involved. After the time indicated, or earlier if the

Commission considers that conciliation is not possible, which in any case shall be made in writing, subjects

may exercise the strike organizers.

Paragraph One (Commissions of Mediation): The Minister or Minister of Labor may be

Mediation Committees in federal institutions, whose membership and powers shall conform, as far as

compatible with the provisions of this article.

Second Paragraph (Private Sector): Within the private sector of the economy, those involved in

collective labor dispute may, by mutual agreement, request the Ministry of Labour submission to the Commission

National Mediation or that will function in the respective federal agency. “

Article 73

Article 218 is amended as follows:

“Article 190 (sic)

Information to the users:

In case of strikes that seriously affect the provision of public services, collective subjects conveners should

report on the characteristics of strike action, indicating the opening date and time of delivery of

indispensable minimum service guarantee, if applicable. To this end, the Ministry of Labor may request

the media for the purpose of which provide coverage of the aforementioned information,

accordance with the law regulating the matter.

Article 74

Article 221 is amended as follows:

“Article 193 (sic)

Duties of employer or employer:

The employer or employer, on the occasion of the referendum process should:

a) Giving workers the facilities required to participate in the process, provided it does not

affects the normal development of the productive activity;

b) Ensure protection of persons participating in the referendum, and

c) Submit to the inspector or inspector job payroll their workers, excluding

employees from management and workers of confidence.

If the employer or employer fails to meet the obligations outlined above or those provided in the following article, the inspector or

Competent Labour Inspector dismiss the exception or defense that has provoked the verification

representative, decide to terminate the process and consider the union as entitled to

collectively represent workers, all without prejudice to the penalties under

Article 637 of the Labor Law.

If the determination of representativeness will engage in two (2) or more trade unions, the aforementioned

employer’s failure will result in the imposition of specified penalties and the execution of a verification process

the support of workers to the trade unions concerned.

To this end, the Labour Inspector or Inspector shall consult the workers, ensuring

confidentiality, in hours and out of the workplace “

Article 75

Amending Article 230, as follows:

“Article 202 (sic)

Determining the most representative organization:

In cases that the union referendum is the result of a statement made by any trade union concerned

which involve the administration of the collective agreement, the referendum can only be agreed after it

half the duration of the convention. The trade union which is determined as the most

representative enjoy that status until the completion of the duration of the current collective agreement. The

determining the most representative organization, shall be based on the number of workers and

workers who came to the act of voting. Yet the unions are not disadvantaged or may terminate

breach of the collective agreement and the violation of labor rights and working conditions.

Article 76

Amending Article 231, as follows:

“Article 203 (sic)

Democratic election of Labor Directors:

The Labor Directors and their alternates will be chosen and elected by the workers in

universal suffrage, direct and secret and shall at the time of their choice to be active workers

autonomous institute, company or agency of the State Economic and social development in the public sector concerned,

and having worked there for a period of not less than three (3) years. When such bodies or agencies have

less than three (3) years of operation, the Labor Directors shall be elected office

operational since the beginning of its activities. “

Article 77

Amending Article 232, as follows:

“Article 204 (sic)

Organization of the election of Labor Directors:

The election of Labor Directors and their alternates, may be held upon notice to

employer or employer be obligated and the Labour Inspector or Inspector of jurisdiction, by:

a) The primary trade union organization that represents most workers are entitled to

choose, or alternatively,

b) The coalition or group of workers representing the absolute majority of workers and

workers with the right to choose. “

Article 78

Amending Article 233, as follows:

“Article 205 (sic)

Board of Elections. Composition and functions:

The union or coalition of workers who could organize the elections, shall call a meeting

general and in which the interested and involved in the process, in order to appoint the five (5) members

Electoral Board to oversee the election.

Board of Elections shall exercise the following powers:

a) call elections with at least thirty (30) days in advance;

b) Set the period of registration of candidates;

c) To verify compliance with the conditions required by law to participate in the electoral process;

d) Provide adequate publicity to the election to ensure the participation of workers

were interested;

e) Ensure the normal conduct of elections;

f) Make the vote count, and

g) Proclaim the Labor Directors and their alternates, based on the modality of choice made. “

Article 79

Amending Article 234, as follows:

“Article 206 (sic)

Conditions for the election of Directors and Managers at work:

The election of Labor Directors and their alternates will be made by direct and secret ballot.

The Electoral Board may request the participation of the Ministry of Labor to organize the election of the Directors or

Labor and alternate directors through the referendum process under Section Five of this

Chapter. “

Article 80

Section 237 is amended, as follows:

“Article 209 (sic)

Publication requirement:

The election of Directors and Managers Work must be published in the Official Gazette of the Bolivarian Republic

of Venezuela by the Ministry of Labour, within fifteen (15) days counted from the participation

conducted pursuant to the provisions of the preceding article, being a requirement for taking office. “

Article 81

Amending Article 238, as follows:

“Article 210 (sic)

Guardianship of the activity of the Directors and Managers at work:

Directors and alternate Directors Labour and trade union enjoy the moment of his election until

three (3) months after the expiration of the term for which they were elected and elected. “

Article 82

Amending Article 239, as follows:

“Article 211 (sic)

Incorporating or Substitutions:

The alternate or fill temporary vacancies of Labor Directors. In the event of failure

absolute, it will select a new Director or Deputy Director Education and within thirty (30) days.

Are fault grounds absolute termination of employment, death, disability and criminal convictions or civil or

total or partial disability that disallows the Director or Director Job. “

Article 83

This inserts a new article on the institutional representation and management of the private sector,

the text will read:

“Article 215

Institutional representation and management of companies in the private sector:

Private sector companies that receive special protection from the State and assume the debts and assets

obligations they have with their workers, according to Article 49 of this Regulation,

should incorporate Labor Directors to their boards, boards of directors or managers or councils

administration, in terms similar to those found in public sector bodies. “

Article 84

Amending Article 245, as follows:

“Article 218 (sic)

Mechanisms of protection against anti-union practices:

Notwithstanding that have special procedures that safeguard the freedom of association in any of its

content, including those under Articles 447, 453, 454, 455 and 456 of the Labor Law, victims

anti-union behavior or action may exercise under Article 15 of this Regulation.

Paragraph: If a worker who pursues the action under Article 15 of this Regulation,

union to which were affiliated or affiliated or will represent the majority of workers and

workers of the company in which that or those rendering services, may act as an intervener in the

process. “

Article 85

Amending Article 247, as follows:

“Article 220 (sic)

Immunity for union elections:

The trade union referred to in Article 452 of the Labour Act protect all workers and

workers especially those who were candidates or candidates for positions of leadership and who they

members or affiliated members of the union in the election process. “

Article 86

Article 249 is amended, as follows:

“Article 222 (sic)

Questioning the employer or employer:

At the time of the application for reinstatement, reinstatement or protection of a worker in possession of jurisdiction

association in accordance with the provisions of Article 454 of the Labour Act against dismissal, transfer,

deteriorates or any other anti-union discrimination, the Labour Inspector or Inspector shall notify the

employer or employer to appear at a specific time of the second business day following an event in which she will

questioned or interrogated for the purpose of verifying:

a) If the employment relationship existed;

b) If the extinction of that was due to the unilateral will of the employer or employer or if he or she ordered the removal or

deteriorates, and

c) If the worker or workers union immunity enjoyed by the date of termination of the relocation work

or deterioration in employment conditions.

Sole Paragraph (waiting time): If the employer or employer fails to appear at the scheduled time for the act of questioning

be granted one (1) hour of waiting. “

Article 87

Article 250 is amended, as follows:

“Article 223 (sic)

Precautions:

For social reasons and to protect the lives and work of workers and their

families, the Ministry of Labour may, within the administrative procedures provided in the Organic Law

Work, order the preventive measures it deems appropriate, provided that the measure complies with the principles of

opportunity and proportionality.

Also, the Labour Inspector or Inspector acting within the jurisdiction of the application procedures

reinstatement and back pay and grading of offenses, contained in Articles 453 and 454 of the Organic Law

Labor may order the following precautionary measures:

a) When given to your charge to the worker in possession of trade union misconduct and it exists well-founded fear

of newly incurred therein or thereby incur damage to persons or property by virtue of their position in the

company, the employer or employer may request the Labour Inspector or Inspector, as a preventive measure, to authorize

the provision of services by different or, if this is possible or so, no significantly reduced risk

targeted, the worker’s separation by the duration of the qualification procedure without

affecting their rights. To this end the employer or employer must provide sufficient evidence

constituting a serious presumption of such circumstances.

b) In the event that a worker who enjoy job security to be fired, transferred, uncertain or

the victim of any anti-union discrimination and justified fear exists that is causing damage to

the laborer, his family or the union may ask the Inspector or Inspector of

Working as a preventive measure, to order the return or restitution of the juridical situation, by

duration of the procedure and the full restoration of their wages earned. To this purpose the

laborer must provide sufficient evidence to constitute a serious presumption of the existence of

relationship and the alleged job security.

The contempt of the preventive measure will lead to the penalty provided for in Article 642 of the Labour Act, no

prejudice the assessment of such behavior in the final ruling. “

Article 88

This inserts a new article on the organization and operation of the National (sic) Business and

Establishments, the text will read:

“Article 227

Organization and operation of the National (sic) Enterprises and Establishments:

The organization and operation of the Register of Enterprises and Establishments, will be conducted through

special resolutions to that effect issued by the Ministry of Labor. “

Article 89

This inserts a new article on the labor solvency, the text will read:

“Article 228

Labour Solvency

The bodies, agencies and state enterprises may conclude contracts, agreements or arrangements with employers * to

the Ministry of Labour who have been issued for work credit.

The employment credit is a prerequisite for:

a) To request credit from the public finance system;

b) Get the National Guarantee System, Risk Fund and Venture Capital Company;

c) To receive technical and non-financial services;

d) Participate in government procurement programs, Tires and Wheels Macro Business, National and International

e) To renegotiate debts with the State;

f) To receive comprehensive protection and support for innovation and technological expansion;

g) Seek resources to encourage the importation of raw materials, inputs and / or technologies aimed at improving and

expand production;

h) To participate in the bidding process;

i) Processing and currencies receive public administration and

j) Request for approval the issuance of permits or licenses of import and export “

Article 90

Amending Article 254, as follows:

“Article 229 (sic)

Jurisdiction of the deconcentrated units of the Ministry of Labour

In consideration of circumstances such as workload, staffing, accessibility and

any that is deemed relevant for this purpose, the Ministry of Labour, by resolution, may create or

change permanently or temporarily, the territorial jurisdiction of the Labour Inspectorates, Agencies

Employment Attorneys Workers and other units in charge, even to another adjoining it where they are

headquarters. “

Article 91

Section 261 is amended, as follows:

“Article 236 (sic)

Punitive function:

Penalty proceedings under Article 647 of the Labour Act may be initiated in response to

reasoned report, issued by:

a) The Monitoring Unit, where they appear or the alleged offender or offenders are not timely corrected

failures that were observed; and

b) The other officers and officials of the Labour Inspectorate, with regard to breaches of which have

knowledge in the exercise of their duties.

When the civil servant’s work, finds that there are failures relating to livelihood, to the day

work, health or worker’s life, the Labour Inspector or Inspector, in imposing sanctions

laid down in Articles 627, 629, 630, 633 and 637 of the Labor Law, calculate the amount of the respective

penalty for the number of workers affected, without prejudice to the provisions of Article 80 of Law

Organic Administrative Procedures. “

Article 92

Article 262 is amended, as follows:

“Article 237 (sic)

Zonal Coordinating Ministry of Labour

The Labour Ministry will exercise control and monitoring functions of the administrative activities of the

Labour inspectorates, Employment Agencies and Attorneys Workers, by Zonal Coordinating Units

located in different geographical regions, which will be headed by a Coordinator / Coordinator

Zone. “

Article 93

Repealing Articles 23, 24, 25, 26, 27, 28, 32, 39, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 72, 86,

89, 94, 104, 108, 120, 135, 137, 138, 139, 264, 266 of the Rules of the Labor Law, published in the

Official Gazette No. 5292, dated 25 January 1999.

Article 94

This inserts a new section on the Status of Intermediary, whose text will read:

Article 240

Intermediary Status:

Under the repeal of Articles 23, 24, 25, 26, 27 and 28 of the Rules of the Labor Law,

published in the Official Gazette No. 5292, dated 25 January 1999, which regulates the employment agencies,

declaring a broker of temporary employment duly registered with the authority

competent.

Article 95

Amending Article 267, as follows:

“Article 241 (sic)

Repeal:

Are repealed:

a) The Rules of the Labour Law of 31 December 1973.

b) Regulation Part of the Labor Law to negotiate collective agreements of Labor

Service officers or employees of the National Public Administration May 16, 1991.

c) Regulation Part of the Labor Law on the Participation of Workers’ Benefits

Companies of 05 December 1991.

d) Regulation Part of the Labor Law on Integrated Management of Child Care Workers 26

August 1992.

e) Regulation Part of the Labor Law on the Representation of Workers in Management 18

March 1993.

f) Regulation Part of the Labor Law on Remuneration of January 7, 1993.

g) Regulation Part of the Organic Law Review Working Agreed Minimum Wages by 30

December 1997.

h) The Presidential Instruction No. 6 March 19, 1986, published in Official Gazette of the Republic of Venezuela No.

33 434 of 20 March 1986.

i) Any other provisions contrary to the provisions of this Regulation.

Article 96

Delete the text of Articles 47 to 62 inclusive and Article 264 of the Regulations of the Organic Law

Work, published in Official Gazette No. 5292, dated 25 January 1999, under the express repeal

contained in the Procedural Labor Law, published in the Official Gazette of the Bolivarian Republic

Venezuela No. 37,504 dated August 13, 2002.

Article 97

In accordance with the provisions of Article 5 of the Law on Official Publications, then printed text

Full of the Rules of the Labour Act dated January 20, 1999, published in the Official Gazette

5292 Extraordinary dated January 25, 1999, with agreed reforms here and removing items

repealed by adjusting the wording of all the language of gender provisions as provided in

Constitution of the Bolivarian Republic of Venezuela, and the text for the numbering following the correct yourself

corresponding sequential order, and replace the signatures, dates and other data as may be appropriate.