Occupational nature of accidents during recreational activities promoted by employers
Through Decision No. 1187 dated 12/08/2017, the Labor Cassation Chamber of the Supreme Tribunal of Justice established the occupational nature of accidents suffered by workers in any recreational activity promoted by employers by reason of work.
In this connection, the following was established by the Labor Cassation Chamber:
1. “it could not be interpreted that the accidents occurred by reason of the recreational activities arranged by the employers do not have an occupational nature, given that: i) employers are under the obligation to provide for activities of such nature, ii) workers are entitled to enjoy them, and iii) it is precisely by reason of work that workers have access to such activities, since if they did not work at a specific company or institution, they could not participate in the same.”
2. “To that effect, the employers being under the obligation to guarantee the hygiene, safety, and health conditions at work, it must be understood that they will be also under such obligation in the cases of recreational or leisure activities sponsored by them in favor of their workers, inside or outside the establishment where the workers perform their tasks, regardless of whether the activities are obligatory or not.”
3. “For this reason, the accidents occurred in the execution of recreational or leisure activities must be investigated by the Instituto Nacional de Prevención, Salud y Seguridad Laborales [National Institute for Labor Prevention, Health and Safety – INPSASEL, in Spanish], in order to determine their occupational character; it must be verified if the activities took place in compliance with the safety and accident and disease prevention standards; the circumstances in which the accident occurred and the worker’s behavior must be also verified”.
In order to access Decision No. 1187, 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.”