BOLIVARIAN REPUBLIC OF VENEZUELA

POPULAR MINISTRY OF POWER FOR UNIVERSITARY EDUCATION

BOLIVARIAN UNIVERSITY OF VENEZUELA
Undergraduate Training Program in Legal Studies
UNIVERSITY VILLAGE “FRANCISCO PACO LÓPEZ”
BARINAS, STATE OF BARINAS

Labor Law

ERIKA TORRES C.I.V-27.133.661

1. FROM A LEGAL (LEGAL, CONSTITUTIONAL) POINT OF VIEW, WHAT IS IT FOR YOU THE
Venezuelan Labor Law 'In Your Opinion'

It is the branch of law that is responsible for legislating everything related to labor matters.
our country, its source is in the Organic Law of workers that regulates
worker-employer relations. Its essence lies in the establishment of social justice
that protects the worker as this is the most important social actor in every process of
production. To avoid any injustice towards the worker and worker from the part of the
Both public and private employers establish Labor Law emanating from the
National Constitution, the Organic Law, and the customs and traditions unique to our country
to create and organize the entire system of protection for the worker because the Nation and the
States recognize the importance of the worker as a person and as a human being.

2. MENTION THE SOURCES OF VENEZUELAN LABOR WORK

The sources of Venezuelan Labor Law are the Constitution, international treaties,
labor laws, the collective labor agreement or the arbitration award, the usages and customs, the
jurisprudence in labor matters, the application of the norm and the most favorable interpretation,
among others.

CONSTITUTION
Article 445: It gathers the right to work.
Article 21: It supports gender equality in the exercise of the right to work.
Article 112: It gathers the protection that the State provides to work, as well as the conditions

materials, moral and intellectual aspects of workers. It also promotes the model
social law as a model of labor relations.
INTERNATIONAL TREATIES
 The International Treaties signed by the Venezuelan State are a source of law in
Venezuela. In the labor field, it is important to highlight the agreements of the Organization

International Labour Organization, as well as, in subsidiary application, fundamental rights

collected in various charters of rights such as the Universal Declaration of Human Rights
Humans.
SYNTHESIS OF THE INTERNATIONAL LABOR CONVENTIONS RATIFIED BY
VENEZUELA.
LABOR LAWS
Organic Laws
Organic Law of Work, Workers, and Workers.
Organic Procedural Labor Law.
Organic Law of the Social Security System.
Organic Law on Prevention, Conditions and Work Environment.
SPECIAL LAWS
Special Law for the Dignification of Residential Workers.
Special Law on Cooperative Associations.
LAWS
Law of INCES.
Social Security Law.
Law on Social Services.
Food Law for Workers.
Employment Benefits Regime Law.
Reform Law of the Law on Decoration 'Order of Merit in Work'.
REGULATIONS
Partial Regulation of the Organic Law of Labor, Workers and Workers.
Partial Regulation of the Organic Law on Prevention, Conditions, and Environment
Work.
Partial Reform of the Regulation on Health and Safety Conditions in the Workplace
Decree No. 1,564 (31/12/1973), Decree No. 1,290 (18/12/1968).
Regulations for the operation of the regional boards and the national board for the
assignment of the degree of disability due to workplace accidents and illnesses
occupational.
 STANDARDS
Technical Standard of the Occupational Health and Safety Program.
Technical Standard for the Declaration of Occupational Disease.

Covenin Standard 2249 - 93 / Illuminance in work tasks and areas.

Norm Covenin 2254 - 95 / Heat and Cold. Maximum permissible exposure limits in
workplaces. (1st review).
Covenin Standard 2237 - 89 / Clothing, Equipment, and Personal Protective Devices.
COLLECTIVE AGREEMENTS:
Collective agreements come from negotiations between employers or the
employer and the workers or the unions. More precisely, they derive from the
collective negotiation between the representatives of the workers and the
representatives of the entrepreneurs. There may be sectoral agreements, for a
specific work area or company agreements. They must specify
certain provisions contained in the laws in a generic way, such as the duration of the
working day or the salary level. The agreements must be respected as if they were laws.
drag.
3. PRINCIPLES OF LABOR LAW OR ACTORS

The Constitution, as the supreme norm of the Venezuelan State, as well as the Organic Law of
Work, workers, and employees collect a series of principles. Among them, it is worth mentioning
highlight

Principle of intangibility and progressivity (Art. 89 CRBV, Art. 18.2 LOTTT).

Principle of non-waiver (Art. 89.2 CRBV, Art. 19 LOTTT).
Principle of favor (Art. 89.3 CRBV, Art. 18.5 LOTTT).
Principle of equality (Art. 89.5, Art. 20 and 21 LOTTT).
Principle of non-discrimination (Art. 89.5, Art. 20 and 21 LOTTT).
Principle of continuity (Art. 61 LOTTT).
Principle of social justice (Art. 1 LOTTT).
Principle of the primacy of reality over forms or appearances (Art. 22 LOTTT)
4. WORK AS A SOCIAL FACT

Work: It is all human activity, intellectual or material, regardless of the degree of

preparation technique required for each profession u office.
Social Fact: It is anything that constitutes an expression of associated human life and everything that
which affects the relationships among men as a community.
These are modes of acting, thinking, and feeling that exhibit the remarkable property that exists.
outside of individual consciousnesses. These types of behavior or thought are not only
external to the individual, but endowed with an imperative and coercive power by virtue of the
which are imposed on him whether he wants to or not.

CHARACTERISTICS OF SOCIAL FACT

a) It has cohesive power over each individual.

b) It establishes a possibility of sanction due to non-compliance) It is opposed to all activity

who intends to violate it.

The Complexity of Social Facts

1.- Unintended consequences of social action.

Social facts are complex; the results (consequences) of the multiple

Interactions that occur in a society are often unpredictable. Even the best
wills can lead to bad results. An institution like the University, in the
current social environment often becomes a refuge for the unemployed. Or the prisons,
that despite its reeducational and reintegration purpose, often becomes a school of
delinquency.
Social action is not always reducible to the subjective meaning that the social actor pursues with their
acts, since something else is always produced. The unconscious logic of society produces
generally unwanted consequences; but which must be recognized as social facts
real. That is to say, Sociology must also investigate the unintended consequences of action.
social.

5) WORK AS OBJECT OF REGULATION BY LAW

The objective of labor law is to protect the human worker, as long as the
work activity is not carried out freely and spontaneously, that is not executed out of friendship,
collaboration or with a benevolent attitude, among spouses and children in household matters, etc.

The primary purpose of labor law is social justice, and its mission is the study of
the problems legal what they have relationship with a activity labor

Based on the above, we understand Labor Law to have the objective:

Regulate the duties and rights of both workers and employers.

Regular everything related to salary, working hours, justified and unjustified dismissals,
individual contracts, unions, strikes among others.

Regulating the conflicts of the legal-labor relationship.

Another important function of this branch of law is free and democratic union organization, and
the possibility for unions to take measures in defense of the interests of their members, in
especially, the right to strike.

6. WORK AS DUTY AND RIGHT, ITS CONSTITUTIONAL AND LEGAL BASES

Each and every one of the basic rights of workers is almost an exact reproduction
of constitutional precepts, which in this way sufficiently justifies its qualification of
basic and fundamental. The worker has the obligation to: Carry out the work in a
diligent, Comply with the work schedule, Follow the employer's instructions, Refrain from performing
competition activities with the employer, Keep professional and business secrecy, Ensure
for the employer's interests. Workers' rights are inalienable, this is only
a summary of the basic rights of the worker, which may vary depending on the cases, for
for more information consult the Organic Labor Law (LOTTT).

Every person has the right to work and the duty to work. The State will guarantee the
adoption of the necessary measures so that all persons can obtain employment
product that provides a dignified and decent existence and guarantees the full exercise of
This right. It is the purpose of the State to promote employment. The law will adopt measures tending to
guarantee the exercise of the labor rights of the workers and workers no
dependent... Articles 87, 88, 89, 91, and 97 of the Constitution of the Bolivarian Republic of Venezuela
Venezuela.

THE BASIC LABOR RIGHTS AND DUTIES THAT WORKERS HAVE ARE THESE:

Basic rights of workers

All people have the right to work and to freely choose their profession.
profession that is desired to be carried out.

The right to free unionization

The right to collective bargaining

The possibility of adopting collective conflict measures

The right to strike

The right to assemble

The right to receive information, make inquiries, and actively participate in the company.
Objective of the social labor process.

LOTTT Article 25.

The social process of work has as its essential goal, to overcome the forms of
capitalist exploitation, the production of goods and services that ensure our independence
economic, satisfy human needs through the fair distribution of wealth and
create the material, social, and spiritual conditions that allow the family to be the space
fundamental for the integral development of people and to achieve a just and loving society
peace, based on the ethical valuation of work and on the active, conscious, and solidarity participation of
the workers in the processes of social transformation, embodied with
the Bolivarian ideology. Consequently, the social work process must contribute to ensuring:
1. The independence and national sovereignty, ensuring the integrity of the geographical space of the
nation.
2. The economic sovereignty of the country assimilating, creating, and innovating techniques, technologies and
generating scientific and humanistic knowledge, based on the development of the country and in the service of
society.

3. Integral human development for a dignified and beneficial existence of the community
generating jobs, high national added value, and economic growth that allows
the improvement of the population's standard of living.

4. The sustainable food security and sovereignty.

5. The protection of the environment and the rational use of natural resources. In the social process of
work will promote and stimulate broad social dialogue, based on values and
principles of participatory and protagonistic democracy, in social justice and in
co-responsibility between the State and society, to ensure full social inclusion and the
integral human development.

Right to work and duty to work.

LOTTT Article 26.

Everyone has the right to work and the duty to work according to their
skills and aptitudes, and obtain a productive occupation, properly compensated, that provides
provide a dignified and decent existence.

People with disabilities have the same rights and duties, in accordance with
established in the law that governs the matter.

The State will promote liberating, dignified, productive, safe, and creative work.

Percentage of Venezuelan personnel.

LOTTT Article 27.

 Ninety percent or more of the workers in service of a
patron or a matron, who occupy a minimum of ten, must be Venezuelans.

Similarly, the remuneration of foreign personnel shall not exceed twenty percent of
total of the wages paid to the rest of the workers.

Venezuelan nationality will be required to perform certain responsibilities, such as: chiefs
of industrial relations, personnel, ship captains, aircraft, foremen or those who
they exercise analogous functions, without this being considered as discrimination.

LOTTT Article 28.

The ministry of popular power with competence in labor and social security matters,
previous study of the general conditions of workplaces and social security in the country
and depending on the circumstances of the specific case, temporary exceptions to the provisions may be authorized.
in the article previous in the cases y conditions following:
1. When it comes to activities that require special technical knowledge and it does not exist
Venezuelan personnel available. The authorization will be conditioned on the employer.
within the timeframe indicated, train y adept Venezuelan staff.
2. When there is a demand for a job position and the ministry of Popular Power with competence
in the field of labor and social security, verify that it cannot be satisfied with personnel
Venezuelan.
3. When it comes to immigrants entering the country hired directly by the Government
National, by entities of work contracted by it, or within the framework of Agreements
Internationally, the authorized percentage and the duration of the authorization will be established by resolution of
Ministry of People's Power with competence in labor and social security matters.
4. When it comes to people defined as refugees by the legal norms of Law
International.

Hiring foreign workers.

LOTTT Article 29.

When hiring foreign personnel, preference will be given to those who have children born or daughters.
born in the national territory, or those who are married to Venezuelans,
those who have established their residence in the country, or those who have a residence permit
superior to five continuous years.