Partial Amendment of the Regulations to the Law of Nutrition of Workers
We hereby inform you, that Official Gazette N° 39.713 of July 14, 2011, publishes the Partial Amendment of the Regulations to the Law of Nutrition of Workers, the main changes of which, are the following:
1) The former title of the same, Regulations to the Law of Nutrition of Workers, is changed for Regulations to the Law of Nutrition of Male and Female Workers.
2) In Article 14, the reference to “20 workers or more”, is deleted, since all employers, regardless of the number of workers they employ, shall have the obligation of providing the benefit established in the Law.
3) Article 15 was amended to indicate that the benefit can be extended in a coordinated manner through collective bargaining agreements, collective agreements or individual labor agreements; or in a voluntary manner to male and female workers that earn a salary higher than the limit indicated in the second paragraph of article 2 of the law.
4) Article 19, that read as follows was deleted:
“when the benefit is granted by means of provision or delivery to the male worker or female worker, of coupons, tickets or electronic nutrition cards, the non rendering of services by the male or female worker, will not be a cause to suspend the granting of the benefit corresponding to such shift.
5) Article 29, that reads as follows, is included:
“When the granting of the nutrition benefit is implemented by payment in cash or its equivalent, in the cases foreseen in the law, the same must be made within five (5) days following the expiration of the corresponding month”.
6) Article 30, that reads as follows is included:
“The male or female employer must deliver monthly a receipt to the male or female worker which evidences the compliance of the nutrition benefit in cash or its equivalent, in order to differentiate the same from the payment of the salary.
In the articles referring to the modalities of compliance of the benefit, it is now included that the same may be honored by paying the worker in cash.
“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.”