83.5
81
-
Approaching Access to Decent Work
80
100
100
50
100
75
100
80
75
75
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §91 & 92 of the the Constitution, 1999; §129, 130 & 533 of the Organic Labour Law for Workers, 2012 | No Change |
| Does the law require regular and timely payment of wages? | No | 0 | §98, 104, 126, 127, 129 & 533 of the Organic Labour Law for Workers, 2012; §92 of the the Constitution, 1999 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §118 of the Organic Law of Labours and Workers, 2012 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | §188 of the Organic Labour Law for Workers, 2012 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §117 & 173 of the Organic Labour Law for Workers, 2012 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §90 of the Constitution, 1999; §118, 167-173, 178 & 179, OLLW, 2012; §102, Law on Protection of Boys, Girls & Adolescents, 2007 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §178 of the Organic Law of Labours and Workers 2012 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §173 of the Organic Labour Law for Workers, 2012 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §119 & 184 of the Organic Labour Law for Workers, 2012 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §190, 192, 195, 196, 197 &199 of the Organic Law of Labours and Workers, 2012 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §58, 59 & 60 of the Organic Labour Law for Workers, 2012 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §62 of the Organic Labour Law for Workers, 2012 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §80 & 87 of the Organic Labour Law for Workers, 2012 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §81-84 of the Organic Labour Law for Workers, 2012 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §92, 95, 141, 142 & 195 of the Organic Labour Law for Workers, 2012 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §339 of the Organic Labour Law for Workers, 2012 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §343, 344 & 345 of the Organic Labour Law for Workers, 2012 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §332 of the Organic Labour Law for Workers, 2012 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §336, 337, 338, 340 & 534 of the Organic Labour Law for Workers, 2012 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §11 of the Social Security Law 2008; ISSA Country Profile for Venezuela | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §11 of the Social Security Law 2008; ISSA Country Profile for Venezuela | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §335 & 531 of the Organic Labour Law for Workers, 2012 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | No | 0 | §53(4), & 54(3) of the Organic Law on Prevention, Conditions and Work Environment, 2005 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §58 of Organic Law on Prevention, Conditions and Work Environment, 2005; §19-27, 49 & Principle IV of the Law No. 29783 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §333 & 334 of the Organic Labour Law for Workers, 2012 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §13, 14 & 15 of the Social Security Law; ISSA Country Profile for Venezuela | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §16, 27-31 of the Social Security Law 2002; ISSA Country Profile for Venezuela | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §32-39 of the Social Security Law 2002; ISSA Country Profile for Venezuela | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §31 Employment Benefit Regime Law, 2005; ISSA Country Profile for Venezuela 2019 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §9, 10 & 13 of the Social Security Law 2002; ISSA Country Profile for Venezuela | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §13-19 of the Social Security Law 2002; ISSA Country Profile for Venezuela | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §91 of the Constitution, 1999; §109 of the Organic Labour Law for Workers, 2012 (OLLW, 2012) | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §164, 165, 166 & 528, OLLW 2012; §15(10), 48 & 63, Organic Law on the Women's right to a Life Free from Violence, 2007 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §21 of the Constitution, 1999; §21 of the Organic Labour Law for Workers, 2012 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §20 of the Organic Law of Labours and Workers 2012; §80 of the Law on Hygiene and Safety Conditions, 1973 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Social Security Law 2008; ISSA Country Profile for Venezuela | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §32 & 305 of the Labour Law, 2012; §96 & 98 of the Law for the Protection of Children & Adolescents, 2007 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §953, Law on Protection of Children & Adolescents, 2007; §3 & 6 of the Education Law, 2009 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §18, 94 & 96, Law for Protection of Children & Adolescents, 2007; §80 of OSH Regulations 1973 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §30, Labour Law, 2012; §38, 40, 231, 232, & 266–268, Protection of Children & Adolescents Law, 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §95, Constitution 1999; §353-356, 374, 376, 377, 412, 418 & 536, Organic Labour Law for Workers, 2012 (OLLW, 2012) | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §6, 356, 431-440 & 442 of the Organic Labour Law for Workers, 2012 (OLLW, 2012) | Score adjusted because of availability of a legal source |
| Does the law provide the right to strike? | No | 0 | §441 & 465 of the Organic Labour Law for Workers, 2012 (OLLW, 2012) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §489 of Organic Labour Law for Workers, 2012 (OLLW, 2012) | No Change |