Barrister Legal Advisor
October 3, 2022
Bay Law Definition
October 3, 2022

Bases Legales Del Derecho Colectivo Del Trabajo En Venezuela

Employees aged 18 and over, including non-dependent workers, and employers have the right to associate freely with trade unions and to form trade unions, associations and confederations. Foreign workers with more than ten years of residence in the country also have the right to be trade union leaders and representatives. Chambers with legal personality registered with the Ministry of Labour may exercise the functions of employers` unions and, in turn, professional associations established by law and their associations and federations may exercise the functions of workers` unions. Particular mention should be made of the system of protection of the immunity of trade unions, which prevents workers from being dismissed, transferred or harmed in any way without just cause, declared as such by the administrative authority, in order to ensure the defence of the collective interest and autonomy in the exercise of trade union functions. This means that workers who organize a union, participate in the election of the board of directors or are elected members of it, and all those who participate in negotiations or collective disputes are simply under the protection of the state, a right that is also protected by administrative and judicial remedies. 2.- When drawing up collective agreements, we said that the source of this right comes from the freedom and independence of the social partners and the collective bargaining process they follow. (Niklas Bruun). This is a fundamental element of the negotiation. Thanks to them, you can accompany the birth, development and completion of the negotiation process. This independence, to which we refer, includes the trade union aspect. The trade union must move completely in order to be able to carry out its tasks vis-à-vis the employer and the state authorities.

There must also be a balance between the unifying issues without stopping to reflect on the elements of pressure necessary for the birth of negotiations. If the state is authoritarian and does not allow open discussion or different approaches, we are faced with the impossibility of negotiating, unless there is an explicit agreement between the union and its workers and the state to negotiate working conditions. The control and protection of the freedom of association that the law imposes on the Venezuelan State is carried out by an administrative authority with which all trade unions must register in accordance with legal requirements. The administrative authority must always register the trade union within a short period of time, unless one of the factual hypotheses provided for by law is present; in this case, he may refrain from registering and the applicants have administrative and judicial remedies against this refusal. The protection of the right of association by the State is also manifested in the immediate transfer of special competence to all applicants, even before the trade union has been registered, since a mere notification to the administrative authority of the intention to establish one is sufficient to avail itself of it. The human rights treaties, covenants and conventions that have been signed and ratified have a constitutional hierarchy and prevail in the internal order, insofar as they are the most favourable to the norms of the Constitution and laws, and are of direct and direct application by the courts and other organs of public authority. In this context, the provisions of the Law on the Labour of Organs stipulate that the norms of the International Labour Organization contained in its Constitution and Conventions, as well as those provided for in treaties and other international normative instruments on industrial relations and social security ratified by Venezuela, take on the legal status of any other norm insofar as they are more favourable to the worker. The law provides for the creation of crèches by employers with more than twenty employees and the right for the nursing mother to two daily breaks to breastfeed her child. The salary is subject to a supplement for night work (30%), overtime (50%), public holidays and weekly rest days (50%); In the latter case, there is also a right to compensatory rest. In the administrative field (labour inspection), the transaction is possible provided that the employment relationship has ended and the requirements of article 3 of the Labour Act on organs are fulfilled. The parties must indicate that the employment contract has been terminated and relate the rights it contains. The control of the labour inspector is understood, but it cannot determine the agreed concepts, since the operation is a contract by which the parties, through mutual concessions, put an end to an ongoing dispute or prevent a possible legal dispute (Article 1713 of the Civil Code).

[3] The transaction must be understood as a contract. In addition, there is a jurisprudence of the Supreme Court that repeats the criteria of the invalidated Supreme Court. [4] 1.- The Venezuelan reality of the present requires a transparent analysis of collective bargaining. This means that the subjects of it must be the subject of reflection. If we refer to the general trade union movement, we will find that there is one associated with the public sector, of undeniable importance, but trapped in contradictions that prevent it from solving its problems. There is a traditional division within them that hinders organization and unity of action. If we are talking about the private sector, the level of unionization has dropped significantly, to the point that we could put it at 10 or 12% of unionization. This index is not due to the responsibility of the workers or even their managers. It is influenced by an important economic phenomenon such as globalization, which, with its different trends, has achieved several objectives. One concerns the flexibility of working conditions without the involvement of employees. Another, for the deregulation of ordinary laws, as is the case with the Law on the Work of Organs, which has anchored a number of issues in this direction.

Another aspect is related to the increase in atypical contracts that distort the nature of the employment contract. The other concerns the emphasis on individual contracts of employment and not on collective bargaining. Of course, with the decline of trade union organisations, collective bargaining is also disappearing. Similarly, the existence of informal work has a significant impact on formal industrial relations. And then there is the constant discussion about categorizing the so-called gray areas as belonging to civil or commercial law, to some of their figures and not to labor law. Venezuela has been a member of the ILO from 1919 to the present day, with an interruption in 1958, and has ratified 52 Conventions, 48 of which are in force. List of ratifications of international labour conventions Mention should be made in particular of the right of employers in economic difficulty to submit a list of demands calling for changes in working conditions. In this case, the managing authority uses conciliation as an ideal means of reaching an agreement between the parties and, if this is achieved, the collective agreement will be reformed for the remainder of its period of validity and may be extended if the circumstances giving rise to it persist. On the contrary, if no conciliation is concluded, the dispute will be submitted to arbitration if it concerns essential public services.

The law also defines the employment contract and the persons concerned: employees, employers or employers and their representatives, intermediaries and contractors. It also regulates the representation of employers and defines the responsibilities of intermediaries and entrepreneurs. For its part, the regulation complements these aspects, deals with the joint and several liability of employers forming a group of companies and regulates the situation of temporary employment agencies and their relations with their employees.