Article 2 of Decree N° 4,414 published in the Extraordinary Official Gazette number 6,611 establishes that “the workers and workers covered may not be dismissed, impaired or transferred without just cause previously qualified by the Labor Inspector or Inspector of the jurisdiction, in accordance with the provisions of article 422 of the Decree with Rank, Value and Force of Organic Law of Labor, Workers and Workers “.
Job tenure was part of the package of measures that was established as a result of the appearance of the covid-19 pandemic in Venezuela, last March, when a state of national alarm was decreed. Initially, this measure was adopted for a period of one year.
Article 3 states that “In the event that the worker protected by the tenure established in this Decree is dismissed, impaired without just cause or transferred without his consent, he may file a complaint within the following thirty (30) continuous days before the Inspector or Inspector of Labor of the jurisdiction, and request the reinstatement and payment of lost wages, as well as the other benefits not received, or the restitution of the infringed legal situation, according to the procedure established in article 425 of the Decree with Rank , Value and Force of Organic Law of Labor, Workers and Workers “.
Likewise, Article 4 orders the Labor Inspectorates to give absolute priority to these procedures, while Article 6 provides that “To the employer who obstructs or disregards the order of reinstatement and restitution of the infringed legal status of a worker or worker protected by job tenure, the measures and sanctions provided for in the Law will be imposed.
In addition, it establishes that «The Labor Courts will not proceed to administrative appeals for annulment, until the order of reinstatement and the restitution of the infringed legal situation are fulfilled, as established by the Decree with Rank, Value and Force of Organic Law of the Work, the Workers and the Workers ».
G. Febres
With information from Banca y Negocios and other Venezuelan national media
