What we do
- Employment contracts, internal regulations and HR policies
- Calculation and review of severance (prestaciones sociales), vacation and profit sharing
- Termination of employment, resignations, dismissals and settlements
- Reinstatement, dismissal authorization and other proceedings before the Labor Inspectorate
- Claims and defense before the labor courts
- Occupational health and safety (LOPCYMAT) and collective bargaining
When to contact us
- You are hiring staff or reviewing your team's terms of employment.
- An employment relationship has ended and severance must be calculated and paid.
- An employee was dismissed and is seeking reinstatement.
- You received a summons from the Labor Inspectorate or a labor lawsuit.
Legal basis
- Organic Labor Law (LOTTT, 2012)art. 51, limitation periods; art. 89, reinstatement; art. 142, severance.
- Organic Labor Procedure Lawlabor trial: preliminary hearing, mediation and trial.
- Organic Law on Prevention, Conditions and Working Environment (LOPCYMAT)occupational health and safety.
Frequently asked questions
How is severance calculated in Venezuela?
The LOTTT provides two calculations. During employment, the employer deposits a guarantee of 15 days' salary per quarter, plus 2 additional days per year from the second year. On termination, 30 days per year of service (or fraction over six months) are calculated at the last salary. The employee receives the higher of the two (art. 142). The salary base and interest must be reviewed case by case.
How long does an employee have to bring a claim in Venezuela?
The periods differ. To seek reinstatement before the Labor Inspectorate after an unjustified dismissal, an employee with job stability has 30 calendar days (art. 89). Severance claims are time-barred 10 years after the employment ends, and other employment claims after 5 years (art. 51). It is best not to wait until the deadline.
What should a company do when summoned by the Labor Inspectorate?
Appear on the stated date through a duly authorized representative, with the supporting documents (contract, payslips, attendance records, communications). Failing to appear can have serious consequences, such as the facts being deemed admitted. We review the file before the hearing and prepare the defense.