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Decree on Firing Freeze

 

Presidential Decree No. 2.158 published in Official Gazette No. 6,207 Extraordinary, dated December 28, 2015, established a firing freeze in favor of the workers of the public and private sectors for a  period of three (3) years as from the date of entry into force of the Decree.  By virtue of the foregoing, the workers protected by the Decree may not be dismissed or transferred, nor may their employment conditions be worsened, without a justified cause previously approved by the Labor Inspector of their jurisdiction.

 

The breach of the firing freeze prescribed in the Decree will entitle workers to demand their  right to protection by means of the actions established in the Decree with the Status, Value, and Force of Organic Law on Labor and Workers. Likewise, they may exercise the relevant actions for their reinstatement and for the payment of the salaries accrued and not paid and other benefits not received by them, when applicable.

 

According to the Decree, the firing freeze will protect (i) workers who were hired for an undetermined period of time, after they have rendered services to an employer for one (1) month; (ii) workers who were hired for the period of time established in the contract; and (iii) workers who were hired for a specific work, as long as the performance of their obligation is not completed.

 

The fire freeze will not apply to workers of direction and casual or temporary workers.  The job security of public servants will be governed by the protection rules contained in the Law of the Statute of the Public Function.

 

The Decree became effective on December 28, 2015.

 

In order to access the Decree, please click here.

 

“NOTE: THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY SPECIFIC MATTER AND ITS CONTENT ARE INTENDED AS A MANAGEMENT ALERT AS TO CURRENT DEVELOPMENTS IN VENEZUELA, ANY SPECIFIC LEGAL QUESTIONS REGARDING THE POSSIBLE APPLICATION OF NEW OR PROPOSED LEGISLATION TO PARTICULAR SITUATIONS SHOULD BE ADDRESSED TO TRAVIESO EVANS ARRIA RENGEL & PAZ.”