Venezuela: Termination of employment

Original and updating author: Juan Carlos Varela, Littler

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Summary

• Most employment relationships are governed by the legal principle of "employment stability", which is a right for employees to remain in their job, unless there are reasons that justify termination of the employment relationship. (See General)
• Statute regulates notice periods only in the case of employees resigning without cause. (See Notice periods)
• Employees covered by statutory "employment stability" may be dismissed only for a "just cause" explicitly stipulated by statute. (See Dismissal for just cause)
• Employees have "just cause" to resign without notice in certain circumstances. (See Resignation with cause and constructive dismissal)
• Statutory "job security" applies to various categories of employee. (See Special dismissal protection)
• Under the Organic Labour and Workers Law (the main item of legislation governing employment relationships), which was adopted in 2012, redundancy is not specified as a "just cause" for the dismissal of an employee. (See Redundancy)
• Employees are entitled on termination of the employment relationship to receive from the employer "seniority benefits" of at least 30 days' pay per year of service, calculated on the basis of the employee's pay at the time of termination. (See Severance payments)
• On the termination of the employment relationship, the employer is obliged to provide the employee, on request, with a "record of employment". (See Record of employment)
• When an employer dismisses an employee who benefits from "employment stability", it must, within the five working days following the dismissal, inform the relevant court about the dismissal and the causes justifying it. (See Contesting dismissals)