EMPLOYMENT CONTRACT OF EMPLOYMENT CONTRACT CONCEPT
is that by which a person is obliged to provide services to another under his authority and against remuneration (Article 67 LOT)
The contract work will be done in writing in duplicate, one of which retained the employer and another employee
TYPES OF EMPLOYMENT CONTRACT
a) Individual: when performed between an employer and an employee
b) Collective : when performed between one or more unions and one or more employers. According
time;
indefinitely: When not displayed the will expressed by the parties, unequivocally, to link only during a particular work or indefinite.
for a specified period: Ends at the expiry of the agreed term and not lose its status if it were subject specific an extension. When is subject to two (02) or more extensions, the contract is considered indefinite, unless there are special reasons that justify such extensions. The workers may not be employed to time determined by more than one (1) year and employees and skilled workers for more than three (03) years.
The fixed term contract will be made only when:
a) The nature of the service required;
b) Be designed to temporarily replace an employee and lawfully;
c) contracts work concluded by Venezuelans to serve abroad. For any given
: It is that which is subject to the execution of works and ends with the conclusion of it.
must be in writing and express clearly the work to be performed by the worker.
employment contract features
a) Consent: The contract is concluded by the will of the parties. b) Purpose: Sets the conditions of the employment relationship between the parties
c) Subordination or dependence: a person is obliged to provide services to another under his authority.
d) Compensation: For there to be an employment contract the work to be performed should be paid.
e) Personal service: the person doing the work can not be substituted for another without the consent of the employer.
f) Lawful: The work to be performed shall be in accordance with the law, morals and good customs.
The remuneration stipulated in the employment contract can never be less than minimum wage.
The employment contract should preferably be in writing without prejudice to its existence can be proved if it is held in oral form.
CONTENT OF THE EMPLOYMENT CONTRACT ; The written employment contract must contain the following information:
• Name, nationality, age, marital status, domicile or residence of the parties.
• The service to be provided, determined as accurately as possible.
• The duration of the contract or the indication that it is indefinitely, as applicable.
• The work or the work to be done, when recruiting for a given work.
• The duration of normal working hours, as may be specified per unit of time or task.
• The wage provisions or how to calculate it and its form and place of payment.
• The place where the service to be performed.
· Any other lawful provisions agreed by the contractors.
SUSPENSION OF THE WORKING RELACON
The Act sets some grounds on which the contract may be suspended from work:
The accident or occupational disease disables a worker to provide their service for a period not exceeding twelve months.
unprofessional disease that disables the worker for the service for a year.
• The compulsory military service.
• The prenatal and postnatal. • The collective
declared in accordance with the law
• The pre-trial detention for the purposes of judicial or police investigation, when the worker has not committed a good cause;
• The license granted the worker by the employer for studies or for other purposes of interest, and
• Cases of God or force majeure which has as its necessary consequence, direct and immediate, temporary suspension of work.
When a worker to be absent from work for one of the reasons mentioned, the employment relationship is interrupted but not completed. The worker did not provide their service during that time or receive any remuneration from the employer.
inalienability of rights The employer can not require the employee to waive the rules that favor however, the law does not exclude possibility of holding a new settlement between the parties in the presence of an official
DISCRIMINATION Discrimination is prohibited in the working conditions based on age, sex, race , marital status, religion, political affiliation, social status, or criminal record represented in Article 26 of the LOT
BIBLIOGRAPHY
http://www.tsj.gov.ve/legislacion/ lot.html
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