8 Basic Employment Law Concepts For Employees Awareness

The Employment Law is the set of rules governing individual or collective labor relations existing between workers and employers. It is considered as a branch of Law belonging to a new generation of Rights: Social or Collective Rights, hence its study is so important, that is why we bring you 10 Important concepts of Labor Law that you should know.

8 Basic Concepts of Employment Law 


The employer is considered as the natural or legal person responsible for the burdens and obligations that derive from the position of a company, establishment, exploitation or task of any nature or importance, occupied by workers.  The Organic Law of Labor, Workers and Workers defines the figure of employer as:

Article 40 – Organic Employment Law, Workers and Workers Employer or employer is understood to be any natural or legal person who is dependent on one or more workers, by virtue of an employment relationship in the social work process.

This term is used with the aim of differentiating unequivocally the people who, within the company, simultaneously exercise management and command powers over the worker, and also those who hire new workers. Finally, the employer presents himself as the person who receives and disposes of the work performed by the workers, assuming the risk of the company.

  • Salary

The salary   is understood as remuneration corresponding to the worker for the provision of services in the organization of work, which is permanent and regular. The right to salary is inalienable and cannot be assigned in any way to any person. According to article 104 of the Organic Law of Labor, Male and Female Workers, the salary is: 

Article 104 – Organic Law of Labor, Workers and Workers Salary is understood to be the remuneration, profit or advantage, whatever its denomination or calculation method, provided that it can be evaluated in legal tender, corresponding to the worker by the provision of their service and, among others, includes commissions, bonuses, bonuses, participation in profits or profits, bonuses, vacation bonus, as well as surcharges for holidays, overtime or night work, food and housing … 

With the exception of accidental perceptions and those derived from social benefits, which are not considered salary, according to this article, the worker’s salary will also include benefits, commissions, bonuses, bonuses, bonuses, overtime or any other remuneration for the provision of their services.

In case you are facing troubles at workplace hire a skillful employment law attorney to get your deserving rights. 

  • Utilities


Also referred to as “annual benefits”, the profits are the liquid benefits that the work entity has obtained at the end of its annual fiscal year.  These profits are distributed as a percentage to the workers, after deducting interest and taxes and the capital invested in the company and its activity. The Organic Law of Labor, Workers and Workers defines profits in its article 131 as: 

Article 131 – Organic Law of Labor, Workers and Workers Labor entities must distribute among all their workers, at least, fifteen percent of the liquid benefits that they will have obtained at the end of their annual exercise. To this end, liquid benefits shall be understood as the sum of the taxable net enrichments and those exempted in accordance with the Income Tax Law.

  • Social benefits


Also called “Seniority Benefits”, they are a measure that rewards workers for their seniority in the work entity, guaranteeing their stability as a worker. Social benefits are indemnities enshrined as a right of the worker acquired by his permanence and the provision of services to the employer.  


In Venezuela, social benefits are accumulated from the third month of work and are calculated based on the last salary earned at the end of the employment relationship.   Social benefits are proportional to the time of service, and are considered as credits of immediate enforceability whose delay in payment generates interests that constitute debts of value as important as the same social benefits.

  • Labor union


A union is understood as an association that allows to represent, defend, promote, develop and study the social work process and workers, whether they are affiliated to the union or not.  According to the Organic Law of Labor, Male and Female Workers, unions are autonomous:

Article 365 – Organic Employment Law, Male and Female Workers, Trade union organizations shall not be subject to other requirements for their constitution and operation than those established in this employment law and in its statutes, in order to ensure the best performance of their functions and guarantee the rights of its affiliates and affiliates.

Unions are exclusive and exclusive, since it is inconceivable that employers and workers can coexist in the same union organization. These associations are established with the sole purpose of defending the interests inherent to workers and the protection of their rights, therefore it is antagonistic that employers also live in a workers’ union. But this should not be confused with a ban on employers to create unions and join them, since there is the possibility that employers form unions to protect their interests and rights. 

  • Syndical freedom


If the unions are workers’ associations, freedom of association is the right that these workers have to be able to form the associations or organizations they deem appropriate for the better defense of their rights and interests.  Trade union freedom grants complete freedom, independence and autonomy to trade union organizations, as recognized by the Organic Law of Labor, Male and Female Workers in the following terms:

Article 353 – Organic employment law, Workers and Workers.  Workers, without any distinction and without the need for prior authorization, have the right to freely establish trade union organizations that they deem appropriate for the better defense of their rights and interests, as well as to join them or not in accordance with this employment law. Trade union organizations are not subject to administrative intervention, suspension or dissolution. Workers are protected and protected against any act of discrimination or interference contrary to the exercise of this right.

  • Collective Convention


The collective agreement is an agreement that is concluded between the unions or union organizations of workers and the employer or employers’ associations. In whose object fall the working conditions and benefits of the workers, and the obligations and rights of each of the parties. 

The purpose of the collective agreement is to establish the best working conditions in a broad sense and other aspects related to the employment relationship of those who are parties to said collective bargaining agreement, important aspects such as the establishment of means of conflict resolution and protection of workers’ families.

  • Irremovability


It is the right that a group of workers have not to be fired, transferred or retired except for any of the causes provided by employment law.  In the most common cases, only workers who receive as a basic salary an amount less than three minimum wages, those who enjoy Union Jurisdiction , workers whose employment relationship is suspended, or those who enjoy maternal or paternal privilege , enjoy tenure.

 In other words, it is a protection mechanism granted by the State to a special group of workers so that there can be no detriment to their employment status or termination of their employment relationship, without having previously incurred one of the causes of dismissal provided by the employment law.

  • Stability

Stability is the right of every worker to remain in his job, and it is a guarantee against unjustified deprivation of work.  This protection is granted to all workers, unlike immobility, which is a special type of protection since it deals with a certain category of workers. This, together with that of Immovability, is one of the most important concepts of employment law.  

You may also like


Why It’s Become So Difficult To Find Employees


A staggering 93% of organizations in the healthcare industry say that recruiting has become more difficult in recent years. Eighty-three percent of IT companies report difficulty finding qualified candidates.

Internal vs. external factors in recruiting

According to the responses, there are two main categories of factors that influence recruitment: internal and external factors. Both the organization’s own activities and external influences are considered internal factors.

When faced with adversity, nearly three-quarters of people blamed it solely on circumstances beyond their control. Covid-19, industry attractiveness and political and economic factors are the most common outside influences on recruitment.

It is possible for organizations in the sector to benefit and suffer from external factors at the same time.

Getting to know potential employees

In the survey, only 58% of respondents said their organization used a recruitment system to manage their hiring.

Communication with job candidates is critical to the recruitment process’s success. Candidate perceptions of the new employer…

Read More

Recruiting the Best and Brightest Amid Today’s Talent Shortage


With the resurgence of the employment market, firms are scrambling to fill openings fast, resulting in a fierce rivalry. Recruiters need to tap into their creative juices and use them to alter their hiring procedures and applicant experiences or risk losing out on top-tier candidates.

Recruiters may obtain an advantage in today’s candidate market by catering to candidates’ demands and providing an improved application process. In the following examples, recruiters may use these insights to improve their ability to attract the best candidates.

Employer branding should be the first step in the process.

When it comes to hiring for high-level positions that need substantial training and specialized degrees, you have to stand out from the crowd. It is possible for employers to stand out from the crowd of similar job postings and attract the attention of top candidates by creating a distinct brand identity for their company.

48 percent of recruiters believe that…

Read More

How Job Seekers Can Make Themselves More Attractive To Recruiting Agencies?


The recruiting industry, like the labor market, changes rapidly and unexpectedly. Employers and recruiters are finding it increasingly difficult to find and hire top talent as the workforce recovers from COVID-19 and unemployment rates continue to fall.

Focus on Your Personal Brand First

For some jobs, having a strong personal brand is absolutely necessary. Candidate online personas are highly sought after by recruiters. However, even the most well-intentioned job seekers may not be aware of the fact that their other social media pages could be a red flag for recruiters who may be reluctant to refer such candidates to their clients. The same could be said for employers, who may view such online behavior as immature or irresponsible and not in keeping with their values.

Focus Your Energy

The number of applicants for each open position can range from a few dozen to a few hundred. Only apply for positions for which you…

Read More

The Main Stages Of The Tax Campaign


The tax form, or business tax declaration, documents the tax administration on the company’s financial performance. It consists of a series of declarations and annexed documents based on which the taxable result of the company is established. Tax resolution software is mandatory for all companies, except for self-employed entrepreneurs.

How to complete a tax return?

The tax return is drawn up based on accounting data appearing in the annual accounts published at the end of the financial year. This, therefore, opens what is called the tax campaign of the company. The main components of the tax return are:

  • The declaration of the result, the allocation of the result, and the mention of the deficit, if necessary
  • The table of provisions, receivables, and payables
  • Realized capital gains or losses
  • The added value produced
  • The composition of the share capital and details of any holdings in subsidiaries

Normal or simplified tax return?

Depending on whether the company is subject to…

Read More

3 Reasons Why The Outsourced Chief Marketing Officer Promises Better Prospects


Marketing campaigns do not always succeed in delivering as per your expectations. Nevertheless, you cannot compromise the company’s growth because of some faulty strategies of the in-house CMO. What did go wrong exactly in the marketing strategies? Ask the outsourced chief marketing officer, and you will get the correct answer.

Basically, someone considering the strategies from inside the company cannot assess the implications better than the expert considering the entire scenario as a third party. If you are reading this article, the chances are high that you are dissatisfied with the present revenue generation. But you just have not got enough reasons to invest in outsourcing for CMO.

Reason #1: Prioritize the trust factor

While maximum chief marketing officers working with the companies are thinking fanatically about new marketing campaigns, the professionals tend to miss out on small but significant factors. One such factor is trust. What’s the use of marketing…

Read More

Explore the Ultimate Benefits of Automated Trading


Auto trading permits exchanges to be put rapidly and effectively founded on foreordained boundaries and diminishes the human blunder figure present conventional trading frameworks. But, by the by, the utilization of this sort of innovation isn’t liberated from risk. In this article, we take a gander at the central issues to think about while choosing to utilize automated trading frameworks.

Auto trading or an automated trading framework is a component for partaking in coordinated monetary business sectors comprising of utilizing an algorithmic trading framework with which financial backers place exchanges to trade monetary instruments consequently. A calculation program executes orders by carrying out foreordained or financial backer customized rules.

Also, auto trading permits a few exchanges to be done in a similar timeframe and whenever of day, rather than the orders made by a customary broker. This is because the boundaries for trading monetary instruments are foreordained by the calculation program…

Read More

Is It Possible To Learn Share Market Courses From Home?


Nowadays, many people try to enter the field of share market, but due to a lack of knowledge, many people hesitate to join. And the best option to overcome these hesitations is by properly learning the tricks and rules necessary to be in the share market. Several institutions and experts are available for people to learn about the share market and their working style. Moreover, they offer share market courses online and help many people to learn about share market trading from the comfort of their homes. And these courses also provide various materials that help people gain more knowledge.

Many institutions provide various trading courses for their students to teach them about trading and all the tips and tricks that help them be more profitable and create a career through this option. And these online courses are the advanced version of trading courses, and people interested in trading can…

Read More

Why Do You Need To Choose A Reliable Taxi Service?


Do you find it challenging to get to your city daily? The majority of us believe that owning a car is the most efficient mode of transportation in any city. However, driving to work every day in the early morning becomes a tedious effort. You may make use of the most excellent cab service with Sri Ramana Travels in major cities.

The tirupati taxi services are the finest for getting to the airport or hanging out with pals. You can book a taxi without breaking a sweat simply using your smartphone. Isn’t it sounding fantastic? When you use this cab service, you can take advantage of several advantages. The following are the main benefits of reliable taxi services to have a pleasant experience for a long duration.

Pickup and drop facility with taxi services

When you order a Sri Ramana Travels cab, you save time and eliminate several difficulties. If you need…

Read More