LRI 2022 Venezuela - CLR

Venezuela,
Bolivarian Republic of

2022 Score

81

2020 Score

N/A

Rating

Approaching
Decent Work

Fair
Wages

80

Decent
Working Hours

100

Employment
Security

100

Family
Responsibilities

50

Maternity
at Work

100

Safe
Work

75

Social
Security

100

Fair
Treatment

80

Child &
Forced Labour

75

Trade
Union

50

Fair Wages

Question	Answer	Score	Legal Basis
Does the law prescribe minimum wage rates in the country?	Yes	1	§91 & 92 of the the Constitution, 1999; §129, 130 & 533 of the Organic Labour Law for Workers, 2012
Does the law require regular 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
Does the law require overtime compensation be at least 125% of the regular hourly rate?	Yes	1	§118 of the Organic Law of Labours and Workers, 2012
Does the law require additional compensation for working on a weekly rest day?	Yes	1	§188 of the Organic Labour Law for Workers, 2012
Does the law require additional compensation for night work?	Yes	1	§117 & 173 of the Organic Labour Law for Workers, 2012

Decent Working Hours

Question	Answer	Score	Legal Basis
Does the law stipulate general 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
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
Does the law require a weekly rest of at least 24 hours?	Yes	1	§173 of the Organic Labour Law for Workers, 2012
Does the law require paid public holidays?	Yes	1	§119 & 184 of the Organic Labour Law for Workers, 2012
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

Employment Security

Question	Answer	Score	Legal Basis
Does the law require written employment contracts or at least written employment particulars?	Yes	1	§58, 59 & 60 of the Organic Labour Law for Workers, 2012
Does the law restrict the hiring of fixed-term contract workers?	Yes	1	§62 of the Organic Labour Law for Workers, 2012
Does the law limit the length of probation period including renewals to a maximum of 3 months?	Yes	1	§80 & 87 of the Organic Labour Law for Workers, 2012
Does the law require a 30-day notice before contract termination?	Yes	1	§81-84 of the Organic Labour Law for Workers, 2012
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?	Yes	1	§92, 95, 141, 142 & 195 of the Organic Labour Law for Workers, 2012

Family Responsibilities

Question	Answer	Score	Legal Basis
Does the law require parental leave for parents?	No	0	No applicable legal provisions could be located
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
Does the law require flexible work arrangements for workers with family responsibilities?	No	0	No applicable legal provisions could be located
Does the law require paid nursing breaks?	Yes	1	§343, 344 & 345 of the Organic Labour Law for Workers, 2012

Maternity at Work

Question	Answer	Score	Legal Basis
Does the law prohibits inquiring about pregnancy during recruitment?	Yes	1	§332 of the Organic Labour Law for Workers, 2012
Does the law require paid maternity leave of at least 14 weeks?	Yes	1	§336, 337, 338, 340 & 534 of the Organic Labour Law for Workers, 2012
Does the law require cash maternity benefit be at least 67% of a worker's former wage?	Yes	1	§11 of the Social Security Law 2008; ISSA Country Profile for Venezuela
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?	Yes	1	§11 of the Social Security Law 2008; ISSA Country Profile for Venezuela
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

Safe Work

Question	Answer	Score	Legal Basis
Does the law require provision of free personal protective equipment to workers from employer?	No	0	§53(4), & 54(3) of the Organic Law on Prevention, Conditions and Work Environment, 2005
Does the law require the employer 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
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
Does the law provide for employment injury benefit?	Yes	1	§13, 14 & 15 of the Social Security Law; ISSA Country Profile for Venezuela

Social Security

Question	Answer	Score	Legal Basis
Does the law provide for an old age pension?	Yes	1	§16, 27-31 of the Social Security Law 2002; ISSA Country Profile for Venezuela
Does the law provide for a dependants'/survivors' pension?	Yes	1	§32-39 of the Social Security Law 2002; ISSA Country Profile for Venezuela
Does the law provide for unemployment benefit?	Yes	1	§31 Employment Benefit Regime Law, 2005; ISSA Country Profile for Venezuela 2019
Does the law require paid sick leave for the first 6 months of sickness?	Yes	1	§9, 10 & 13 of the Social Security Law 2002; ISSA Country Profile for Venezuela
Does the law provide for invalidity benefit?	Yes	1	§13-19 of the Social Security Law 2002; ISSA Country Profile for Venezuela

Fair Treatment

Question	Answer	Score	Legal Basis
Does the law require equal remuneration for work of equal value?	No	0	§91 of the Constitution, 1999; §109 of the Organic Labour Law for Workers, 2012 (OLLW, 2012)
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
Does the law prohibit discrimination in employment matters?	Yes	1	§21 of the Constitution, 1999; §21 of the Organic Labour Law for Workers, 2012
Does the law allow women to do the same jobs as men?	Yes	1	§20 of the Organic Law of Labours and Workers 2012; §80 of the Law on Hygiene and Safety Conditions, 1973
Does the law guarantee basic labour protections for gig economy workers?	Yes	1	Social Security Law 2008; ISSA Country Profile for Venezuela

Child & Forced Labour

Question	Answer	Score	Legal Basis
Does the law prohibit employment of children?	Yes	1	§32 & 305 of the Labour Law, 2012; §96 & 98 of the Law for the Protection of Children & Adolescents, 2007
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
Does the law prohibit the employment of children 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
Does the law prohibit forced labour?	Yes	1	§30, Labour Law, 2012; §38, 40, 231, 232, & 266–268, Protection of Children & Adolescents Law, 2007

Trade Union

Question	Answer	Score	Legal Basis
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)
Does the law allow workers to bargain collectively with employers through their representative unions?	No	0	§431, 435, 438 & 537, Organic Labour Law for Workers, 2012 (OLLW, 2012); USDOS CRHRP 2021
Does the law provide for the right to strike?	No	0	§97, Constitution 1999; §486, 487 & 492, Organic Labour Law for Workers, 2012 (OLLW, 2012)
Does the law prohibit employers from terminating employment contracts of striking workers?	Yes	1	§489 of Organic Labour Law for Workers, 2012 (OLLW, 2012)