Decree on firing freeze
Decree No. 639, published in Official Gazette No. 40,310 of December 6, 2013, established a firing freeze in favor of the workers of the public and private sectors, from January 1, 2014 to December 31, 2014. By virtue of the foregoing, the workers protected by the Decree may not be dismissed or transferred, nor may their employment conditions be worsened, without a justified cause previously approved by the Labor Inspector’s Office of their jurisdiction, according to article 422 of the Organic Law on Work and Workers.
The breach of the firing freeze prescribed in the Decree will entitle the worker to demand his/her reinstatement or restoration of the juridical situation infringed before the relevant Labor Inspector’s Office, within thirty (30) calendar days following the breach of the firing freeze, through the procedure established in article 425 of the Organic Law on Work and Workers. Also, the Decree expressly establishes that in addition to the salaries accrued and not paid, the dismissed worker may demand payment of the other benefits not received by him/her.
According to the Decree, the firing freeze will protect (i) workers who were hired for an undetermined period of time, after they have rendered services for one (1) month; (ii) workers who were hired for a specific period of time, during the period for which they were hired; and (iii) workers who were hired for a specific work, up to the time when the work is completed.
The firing freeze will not apply to workers of direction and casual or temporary workers. The exclusion of workers who earn salaries exceeding three (3) minimum salaries, included in previous Decrees on this matter, was removed.
The Decree will become effective as of January 1, 2014.
In order to access the Decree, please click here
“NOTE: THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY SPECIFIC MATTER AND ITS CONTENT ARE INTENDED AS A MANAGEMENT ALERT AS TO CURRENT DEVELOPMENTS IN VENEZUELA, ANY SPECIFIC LEGAL QUESTIONS REGARDING THE POSSIBLE APPLICATION OF NEW OR PROPOSED LEGISLATION TO PARTICULAR SITUATIONS SHOULD BE ADDRESSED TO TRAVIESO EVANS ARRIA RENGEL & PAZ.”