Abuse and excess labor contract use with short-term in Venezuela

In the past 10 years, our country has increased the indiscriminate use of employment contracts, fixed by the SME's, and more recently by the Public Administration bodies, such as device or subterfuge to evade by fraud stringency of regulations governing job security ordered on a recurring basis and continues for the National Executive since 2001. While this measure addresses the need for protection of large masses of low-income workers that make up the workforce of our country, it is also true that this measure is given, also, to abuse by knowing some workers covered by the State, commit repeated offenses against their employers, in which case, the employer is forced to pass through a legal path cumbersome, costly and time consuming (for dismissal), when, and even as justified, it must dispense with the services of a worker. Without fixing position for or against one party or another, and regardless of my personal opinion about it, the undeniable fact is that every day, more employers are turning to the figure of the Labor Contract Time Determined at the time of hire their employees.

Now, approaching the problem from a strictly legal and valid is the tautology, "THE LAW IS THE LAW", our labor law provides for the existence of labor contracts given time and so sets the lot in Section 72 when establishing "The employment contract may be concluded for an indefinite period of time or for a particular work." However, it should be clarified that under the constitutional provisions that protect the social work done as a special protection and protection by the state, including:

Article 87 (CNRBV): Everyone has the right to work and the duty to work ... Article 89 (CNRBV): Work is a social and enjoy the protection of state.1 .- No law shall establish provisions that affect the intactness and escalation of the rights and benefits. In labor relations, reality shall prevail over forms or appearances.

Article 93 (CNRBV): The law will ensure labor stability provisions as appropriate to restrict any form of unjustified dismissal. ...

Ratified by the provisions enshrined in Article 60 to Lit and the LOT in accordance with Article 8 Lit c and d of the Regulations.

Article 60 (LOT): In addition to constitutional and legal provisions mandatory for the resolution of a particular case shall be applied in order: e) The principles universally accepted by the Labour Law;

Section 8 (Rgl.LOT): The principles referred to in subparagraph e) of Article 60 of the Labour Act will, among others, and without prejudice to its express provision in the labor law, the following: c) The primacy of the reality or the facts, face shape or appearance of the acts deriving from the legal employment relationship.

d) Conservation of employment:

i) Presumption of continuity of the employment relationship by virtue of which in case of doubt or termination thereof, shall be resolved in favor of survival.

ii) Preference of employment contracts for an indefinite period, in response to which should be attributed to exceptional cases of term contracts authorized under Article 77 of the Labor Law.

And the limitations established by law to use with short-term Employment Contracts:

Article 77 (LOT): "The employment contract may be concluded for a specified only in the following cases: a) When required by the nature of the service.

b) When you have to replace a temporary worker and lawfully, and

c) In the case provided for in Article 78 of this Act "

We conclude that there is a presumption of law means that the employment contract by its nature and purpose, is a legal relationship agreed for indefinite period, and is supported only by way of exception, given time, when checking some of the situations covered by Art 77 of the LOT.

And so it is clear from our own legislation:

Article 74 (LOT): The fixed term contract completed by the expiry of the agreed term and will not lose your specific condition when was the target of prórroga.En case of two (2) or more extensions, the contract shall be for an indeterminate , unless there are special reasons preclude such extensions and alleged intention of continuing the relationship.

Article 73 (LOT): The employment contract shall be concluded for an indefinite period when no display of willingness of the parties, unequivocally, to link only during a particular work or time determinado.Artículo 75 (LOT): The contract for a particular work should state with precision the work to be executed by the trabajador.Si in the month following the termination of an employment contract for a particular work, the parties enters into a new contract for the performance of another work, be deemed to have wanted to be bound, since the beginning of the relationship indefinitely.

Section 8 (Rgl.LOT): The principles referred to in subparagraph e) of Article 60 of the Labour Act will, among others, and without prejudice to its express provision in the labor law, the following: d) Conservation of relationship:

ii) Preference of employment contracts for an indefinite period, in response to which should be attributed to exceptional cases of term contracts authorized under Article 77 of the Labor Law.

To finish:

THE CONTRACT TIME UTILIZACCION PARTICULAR ORDER TO SIMULATE or disguise somehow JUR RELATIONSHIP? DICO WORK AND AS? CIRCUMVENTING STABILITY AND / OR ITS JOB TENURE IS CONSIDERED BY OUR TRABAJAORES legislation as "fraud in law"

SEE Extract First Court of First Instance of the Judicial District of Miranda State. THE TEQUES. 193 ° and 144 °. File No. 04587. (21/04/2003)