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.
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.
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.
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.
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.
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.
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.
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 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.