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Decree on Firing Freeze

Presidential Decree No. 1,583 published in Extraordinary Official Gazette No. 6,168 dated December 30, 2014, established a firing freeze in favor of the workers of the public and private sectors from January 1, 2015 to December 31, 2015.  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 of their jurisdiction, according to article 422 of the Organic Law on Labor and Workers.

 

The breach of the firing freeze prescribed in the Decree will entitle the worker to demand his/her reinstatement before the relevant Labor Inspector’s Office, within thirty (30) calendar days following the dismissal.  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 fire 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, only during the period for which they were hired; (iii) workers who were hired for a specific work, up to the time when the work is completed.

 

The fire freeze will not apply to workers of direction and casual or temporary workers.  The job security of public servants will be governed by the protection rules contained in the Law of the Statute of the Public Function.

 

The Decree became effective on January 1, 2015.

 

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.