No, because the Judiciary, in pursuit of the truth and effective judicial protection, has the duty to analyze the facts and the law, and based on the arguments presented, decide within the corresponding legal limits.
Yes, collective bargaining agreements function as legal norms with the force of law between the parties, possessing a validity distinct from other types of contracts. This grants them a unique legal status that allows them to be equated with established regulations.
No, because when INPSASEL conducts its investigation, it may overlook, fail to consider, or properly assess evidentiary elements provided by the employer to prove compliance with the standards established in LOPCYMAT. During the evidentiary stage of a potential trial, the Employer is granted the opportunity to demonstrate that, throughout the employee’s tenure, the company fulfilled its formal duties under the law. This includes providing personal protective equipment (PPE), hazard notifications, procedure manuals, information on inherent job risks and potential occupational diseases, safety gear, and all necessary training and education to mitigate or eliminate the risk of contracting or aggravating an illness.
Either party may perform a procedural act without the in situ presentation of the Power of Attorney, provided that it is presented subsequently (preferably the following day), without prejudice to the rights of the opposing party, and as long as it can be verified that the granting of said instrument predates the date of the act in which it was not accompanied. Therefore, it is indeed possible to perform a procedural act without a Power of Attorney present.
According to the analysis of the doctrine from the Social Cassation Chamber of the Supreme Tribunal of Justice (TSJ), the cases in which companies have successfully avoided the application of the LOTTT have been through agreements to suspend the employment relationship or labor settlements upon termination, executed before the competent authority.
Pursuant to Article 3 of the LOTTT, the primary risk is the application of Venezuelan Labor Law. This implies that, based on the salary received by the employee abroad, a company headquartered in Venezuela could be forced to pay entitlements related to the termination of the employment relationship (social benefits, vacations, vacation bonuses, profit-sharing, among others). This represents a significant increase in labor liabilities, especially since the remuneration for employees serving outside of Venezuela is paid in foreign currency and the amounts are generally higher than those paid locally.
In Venezuela, the payment of salaries and other labor entitlements in foreign currency is permitted, provided there is an agreement between the parties and they stipulate which benefits will be paid in such currency, taking into account the provisions of the Law of the Central Bank of Venezuela and the foreign exchange agreements.
Pursuant to the Organic Law of Labor Courts and Procedure and the rulings established by the Social Cassation Chamber of the Supreme Tribunal of Justice (TSJ), it is mandatory for judicial officers to apply, in its entirety, the standard that is most favorable to the worker.
If the benefit granted by the employer is intended exclusively for the performance of work duties, it cannot be classified as part of the salary, given that such benefit is not granted for the worker’s personal gain and/or enrichment, but rather as a necessary tool for the job.
No, as the meal benefit for workers is of a social, non-remunerative nature.
The national government may enter into bilateral agreements to promote employment, while respecting the protection standards provided for in the LOTTT. However, through special laws, it may establish different working modalities for employees who provide services in land and water transportation, home-based workers, agricultural workers, among others.
No, the reopening of the border only promotes commercial exchange between both nations. Bilateral agreements are required to obtain any of these benefits; likewise, it is necessary to enact special laws to drive and promote such incentives. Special Economic Zones are a valid alternative for offering these advantages.
Yes, at GECA we have experience appearing before the CAS (Court of Arbitration for Sport in Switzerland), FIFA, the International Olympic Committee (IOC), the UCI, and the International Shooting Sport Federation (ISSF). We have also advised athletes and academies on matters related to Major League Baseball (MLB).
No, at GECA we have worked with various sports disciplines such as basketball, boxing, cycling, sport shooting, and karate. However, the majority of the cases we handle are indeed related to football and baseball.
Yes, we handle disciplinary cases in general, including doping. We also manage cases involving other types of sanctions, such as suspensions, fines, warnings, among others.
In general, our industry experience allows us to handle a wide variety of cases. Therefore, we invite you to contact us whenever you have a sports-related matter. However, we can generally outline the following types of sports cases that we handle at GECA:
At GECA, we represent and advise clubs and athletes alike. Rather than creating conflicts of interest, this duality has allowed us to understand the opposing side and put ourselves in the shoes of those across the table. We also provide counsel to entities looking to invest in sports, as well as to leagues, federations, and sports agents.
It is neither legal nor constitutional for an employer to compel their employees to work on holidays, overtime, or during their weekly rest days, even when authorized by the Labor Inspector.
In tax matters, the law provides for import tax refunds (Drawback) and refunds of other national taxes as determined by the National Executive. Regarding labor matters, its stated purpose is the creation of new sources of employment.
El salario normal es la remuneración devengada por el trabajador en forma regular y permanente en ocasión de la prestación del servicio. El salario integral se corresponde con todo aquello que devenga el trabajador con ocasión de la prestación del servicio sin distinguir periodicidad, regularidad o permanencia. Este salario, es el utilizado para cancelar utilidades, bono de fin de año, bono vacacional y prestaciones sociales.
No. While it is true that the LOTTT establishes recurrence as a condition for abusive conduct to be considered workplace harassment, judicial precedents have moved away from this statutory criterion. The reasoning has evolved to a standard where it is sufficient to prove that the harm suffered by the harassed person was caused by a wrongful act of the employer. In other words, under the current legal standard, workplace harassment can be established through a single harmful act.
Yes, it is possible to dismiss an employee who has committed a fault, through a dismissal authorization procedure that must be filed before the competent Labor Inspectorate.
No. It will only apply when the employment relationship ends due to circumstances beyond the parties’ control, and in cases of dismissal without justifying reasons (Unjustified Dismissal), if and only if the worker expresses their will not to file a claim for reinstatement.
In labor law, an employment relationship is presumed to exist between the person providing a service and the person receiving it. Therefore, the mere provision of services under subordination, in exchange for compensation (salary), is sufficient for the worker to be entitled to social benefits and other labor benefits such as vacations, profit-sharing, food stamps (Cesta Ticket), childcare, among others.
In the use of digital platforms and devices, the employer is obligated to comply with the regulations that establish limits on working hours, breaks during and at the end of the workday, and rest periods on holidays, vacations, and weekends. New trends in labor matters and human rights advise avoiding digital fatigue and respecting the worker’s right to privacy to balance work and family life.
Yes, employees can be paid in foreign currency as long as the impact of its value on social benefits and other labor-related entitlements is recognized. It is recommended that such payments always reflect the official exchange rate at the time of payment to comply with Central Bank (BCV) regulations.
The obligations provided for in collective bargaining agreements are incorporated into the individual employment contract and are mandatory. However, the labor union and the company may enter into agreements to adapt such obligations to a context or reality that makes their fulfillment impossible, provided this is done by mutual agreement with the consent and intervention of the Labor Inspector.
The worker has the right to enjoy annual leave for each uninterrupted year of service, and the employer is obligated to grant it. In the event of a disagreement between the worker and the company, they must refer the matter to the Labor Inspector to resolve it.
Venezuelan labor legislation establishes that the LOTTT applies to services provided (executed) or agreed upon (contracted) within Venezuelan territory. Therefore, as a general rule, the employee and the employer remain obligated to continue applying Venezuelan law for services rendered abroad, except in limited circumstances.
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