Partial Regulations to the OLLW, in relation to Working Time
Decree No. 44 that issues the “Partial Regulations to the Decree with the Status, Value, and Force of Organic Law on Labor and Workers, in relation to Working Time” was published in Official Gazette No. 41.157 of April 30, 2013. The Regulations repealed articles 78 through 94 of the Regulations to the Organic Labor Law of April 28, 2006 and made the relevant adjustments to the provisions of the new Organic Law on Labor and Workers (“OLLW”).
In addition, three new articles were enacted, namely, 11, 12, and 14.
Article 11 prescribes that the Ministry with jurisdiction over labor and social security matters may modify, through a resolution, the limits of the working hours referred to in article 178 of the OLLW, after consultation with the unions, clearly establishing that extra hours will be paid to the workers with the extra charge indicated in article 118 of the OLLW.
Then, article 12 provides that rest time may be fractionated, with the previous agreement of the workers and the employer. However, in no case may the workers work for more than five continuous hours.
The last and new provision of article 14 establishes that the worker who provides services on one or two of the days of his/her weekly rest time will be entitled to enjoy one or two additional days of remunerated compensatory rest during the following work week, without the possibility of substituting this benefit with a benefit of a different nature.
The Decree became effective upon its publication in the Official Gazette.
In order to have access to the Decree, please click http://www.traviesoevans.com/memos/2013-04-30-40157.pdf
“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.”