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Labor Contract

Our Venezuelan law there are rules to control everything related to the workplace, as the employment contract , safety at work, calculation of social benefits and other benefits; rule to regulate the relation employer - employee and agency for the protection of the same. Some employers, to evade these responsibilities arising from the employment relationship in some areas make their employees constitute personal signatures, then make them a service contract, known as commercial concession thus made to see that among them there is only a business relationship and not an employment relationship. People in order to achieve these jobs are obliged to create and register a company intended to carry out the transactions necessary for work job object. Thus when the employment ends, employers no longer have to pay anything more to these workers and workers who were never themselves. Depending to the above will call this subject as "a simulation of employment contracts used by employers using personal signature to their workers", in order to include a business relationship and not an employment relationship

EMPLOYMENT CONTRACT

We can say that a contract is an agreement between the employer and the employee detailing the conditions under which a worker undertakes to perform a particular job on behalf of employer and under his leadership, in exchange for a fee or salary. Employment contracts can be written or verbally (although only a few ways that we will see a little later). The contract may be indefinite (permanent) or for a fixed term (temporary), this duration will depend on the type of contract and the provisions in the same (though we'll see below). It is optional and if they agree, one should be written in the contract. The duration of the trial period is set in collective agreements and, failing that, a maximum is six months for qualified technicians and two months for other workers, except if the company is less than 25 workers, and may not exceed three months. Can not be established probationary period when the worker has performed the same functions previously in the company under any type of contract. During this trial period, the employee will have the same rights and obligations as other workers.

Probation

(Art.76 cst) Time during which the employer appreciates the abilities of the worker who determines whether you agree to the terms of decent workspace parties may unilaterally terminate the period test without aviso.Puede be up to two (2) months and in contracts of less than one (1) shall not exceed one fifth (fifth) part of the agreed date, for the maids probationary period is fifteen (15) días.Puede developed a document showing the date of commencement of the trial period or one trabajo.Es contract, to extend a contract no prueba.Dentro this period period, generate the following benefits: Salary

• transport
• Help Affiliation to social security Layoffs

SALARY

is the remuneration gets the worker carrying out their work. The contract shall include the total gross pesetas a year and number of pay (including bonuses) is distributed. The salary should match the collective agreement contained in the company, and if there were, in the collective agreement of the provincial and national sector. In any event, not less than the minimum wage.

DAY

are ordinary working hours to be performed by the worker either daily, weekly, monthly or annually, and its distribution shall not exceed 40 hours per week and 9 hours diarias.La day must match what is collected in the enterprise collective agreement or, failing that, at the provincial and national sector.
Note: employers are required to deliver a basic copy of the contracts with workers' representatives within ten days. This copy has all the basic data except for personal contract (such as ID number, address, marital status, etc.).

ENDS WHEN THE CONTRACT SHOULD KNOW:

1. SETTLEMENT

is the receipt that the company must give the employee when the employment relationship ends. On the receipt contain the proportional shares of the following amounts:

bonuses and holidays, also include the salary arrears and loans for other items.

2. severance

is the amount (days per year worked) that the company has to pay the employee when the temporary contract ends, not all forms (as we shall see in the various forms of contract) or in some cases dismissal.

3. SETTLEMENT

is the document that terminates the employment relationship between employer and employee, and includes the amount resulting from the sum of the clearance and compensation. Very important: if you sign the release form could be giving

to take future legal action. Get advice on the Union before you sign, you will avoid potential problems. If you see clear, written document NONCONFORMING expression.

The law provides for the possibility that, at the request of the employee, is present at the signing of the settlement a representative of workers to advise if necessary. Therefore, do not hesitate to seek help from your union representative before signing the settlement.

Labor Law

Article 39: worker means the natural person who performs work of any kind, whether employees and under the dependency on another.

The provision of services must be paid if:

Article 65: be presumed existence of an employment relationship between the person who provides personal service and the recipient.
Se exceptuaran aquellos casos en los cuales, por razones de orden ético o de interés social, se presten servicios a instituciones sin fines de lucro con propósitos distintos de los de la relación laboral.

Artículo 67: El contrato de trabajo es aquel mediante el cual una persona se obliga a prestar servicios a otra bajo su dependencia y mediante una remuneración.

Artículo 146: El salario base para el cálculo de lo que corresponda al trabajador a consecuencia de la terminación de la relación de trabajo, de conformidad con el articulo 125 de esta Ley, será el de vengado en el mes de labores inmediatamente above.
If unit labor wages, piece, piece, commission or any other form of variable pay, the basis for the calculation is the average of the accrued during the preceding year.

First Paragraph: the purposes indicated, worker participation in the net profits or earnings to contracts Article 174 of this Act, be distributed to the full months of service during the period concerned. If the time of calculating the seniority allowance to be determined net profits or earnings, for failing to overcome the financial Annual employer, it is obliged to incorporate in the calculation of compensation, the share portion, once the amount determined by the profit or benefit. The employer shall pay within thirty (30) days from the date of determination of the profits or benefits.

Paragraph Two: The base salary for pension calculation of seniority, in the manner and terms set out in Article 108 of this Act, shall be payable in the corresponding month.
monthly estimates on this account are final and may not be subject to adjustment or recalculation for the relationship work or termination.