Concepto Legal De Trabajador En Venezuela
There are two main procedures. The evaluation of the work is intended for the generality of the issues, including the collective nature, or for simple interpretation; It provides for two instances and, in some cases, a review. The judgment on stability is specifically intended for the hearing of dismissals of permanent workers who are not managers and who have been in the service of an employer for more than three months and does not give rise to any appeal. In both proceedings, the judge has broad power and must promote the mediation of the parties. In this context, the Opus Legal Encyclopedia (2008:112) defines fraud “as any act that contradicts truth and justice and harms the person against whom it is committed, an act that tends to circumvent a legal provision to the detriment of the State or a third party”. In this context, it is necessary to study in detail the growing practice of certain companies by simulating the existence of the employment relationship as a business relationship, thus avoiding the application of the employment obligations provided for by the laws protecting workers` rights and to the detriment of workers, in particular when the profession of service provider is integrated into the so-called liberal professions. lawyers, journalists, engineers, pilots, hairdressers, doctors, insurance brokers, among others; Therefore, it is necessary to create direct mechanisms for the control and monitoring of this type of practice. A collective agreement is defined as an agreement between trade unions, federations or trade union federations of employees and employers or trade unions or employers` associations to determine the conditions for the provision of the service and the rights and obligations of the parties. In principle, negotiations with groups of employees are not envisaged. However, that presumption is not absolute, since it makes it possible to prove the contrary, that is to say, it may be invalidated by the evidence to the contrary put forward by the person concerned on the ground that the service he provides does not depend on an employment relationship, since the other elements justifying such a situation are necessary. That presumption thus gives rise to a reversal of the burden of proof in the sense that the general rule does not apply to the contract of employment, according to which the person invoking a condition must prove it, which means that the alleged worker is not required to prove the existence of the contract of employment, but that it is sufficient for him to prove the performance of the benefit, so that his relationship is protected by labour law, which alone can be distorted by the employer, which proves that it was a relationship that could not be a contract of employment.
Rule in Dubio Pro Operator: All legal norms applicable to employment relationships must, in case of doubt, be interpreted in the form most advantageous to the employee with regard to their meaning and scope. That is to say, between two or more meanings of a rule, the one that is in any case the most favourable to the interests of the workers must be accepted. The right to work is enshrined as a social fact, since society is interested in ensuring that the conditions of workers are dignified and appropriate, and Venezuela is a developing country, these conditions are part of the objectives of the Venezuelan State to achieve its objectives of prosperity and promotion of its population, ultimate objectives that include the common good. As for personal work, this element does not give too many interpretative doubts. It assumes that the employee must be a natural person without the legal persons being able to prove this part of the contract. In addition, the service must be provided by the contract signatory himself, without usually being replaced by another person. Employee replacement may be sporadic or occasional in some cases, without affecting the personal nature of the relationship. It should be borne in mind that in certain circumstances, such as sick leave, the company must replace the worker who is temporarily unable to provide services. Companies that operate in Venezuela or have employees in Venezuela can contact a lawyer who is familiar with labor law to determine if they are complying with these new labor regulations. As part of efforts to comply with legal requirements, employers should review their policies and train payroll staff for regulatory changes on daily and weekly business days. Given that the new labour regulations came into force on 7 May 2013, we recommend that employers seek legal advice as soon as possible to avoid sanctions. From the previous definition, the elements that make up the concept of employee can be extracted, namely: volunteering, ajenidad, dependency, remuneration and the provision of services in a personal way.
In short, Article 1.1 of the ET (2015) does not provide a notion of the employee, but it contains the elements that must be present in an employment relationship. It delimits them within the scope of the Workers` Statute. Arbitration is voluntary.