81
N/A
Approaching
Decent Work
80
100
100
50
100
75
100
80
75
50
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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) |
