Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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New Law for Workers with Disability

New Legislation Enacted

Author: Daniela Arevalo, Associate – Littler

A new Special Law for Workers with Disabilities was enacted by the National Assembly and published in Official Gazette N° 6.735 dated January 27, 2023. The new law completes the general Law for People with Disabilities (dated January 5, 2007, Official Gazette N° 38.598), establishing more specific labor rights for employees with disabilities, and new obligations for employers.

New employer obligations include: i) having employment contracts in writing stating the employee’s disability for which employers must make necessary accommodations allowing the disabled employee to perform their functions; ii) reporting and declaring quarterly to the Ministry of Labor the number of workers with disabilities on the payroll, the workers’ identity, and the type of disability and activity performed by each worker; iii) obtaining an annual certificate of compliance from the National Council for Persons with Disabilities; and iv) getting a new recognition stamp issued by The Ministry of Labor and the National Council for Persons with Disabilities to certify the fulfillment of the laws for persons with disabilities.

New Increase of the Food Benefit

New Order or Decree

Author: Daniela Arevalo, Associate – Littler

The food benefit (Cestaticket) has been increased through Presidential Decree N° 4.805 published in Official Gazette N° 6.746, dated May 1, 2023. The Decree has increased the food benefit from VES 45.00 (approximately USD 1.80) to VES 1,000 per month (approximately USD 40 per month).

The Decree provides that the National Executive Power will adjust the monthly food benefit amounts set in the Decree, based on the exchange rate published by the Central Bank of Venezuela, in order to protect the value of the benefit and the purchasing power of workers. Further, the food benefit does not have a salary nature.

Tax Unit Increase

New Order or Decree

Author: Daniela Arevalo, Associate – Littler

The Tax Unit was increased by the Integrated National Service of Customs and Tax Administration (SENIAT) through Administrative Measure N° 2023/000031 published in Official Gazette N° 42.623, dated May 8, 2023. It was increased from VES 0.40 to VES 9 (currently approximately USD 0.32).

All Venezuelan labor laws have established the value of fines in Tax Units. As a result of the increase, all penalties are also increased. For example, the Law of the Socialist Cestaticket for Workers establishes that the employer's failure to grant this benefit will result in a fine between 10 tax units (VES 90, approximately USD 3.26) and 50 tax units (VES 450, approximately USD 16.33) per affected worker. In addition, the payment of a salary lower than the mandatory minimum wage will result in a fine between 120 Tax Units (VES 1,080, approximately USD 39.21) and 360 Tax Units (VES 3,240, approximately USD 117.64).

Bilateral Trade Agreement between Venezuela and Colombia

New Order or Decree

Author: Gabriela Arevalo, Associate – Littler

The Official Gazette No. 42,609, dated April 14, 2023, published Resolution DM No. 103, which contains the Partial Scope Agreement of a Commercial Nature No. 28, entered into between Venezuela and Colombia. The trade agreement’s Administrative Commission reviewed and adopted the adjusted tariff levels, the inclusion and exclusion of products (within their corresponding appendices) and the specific Requirements of Origin (REOs). The REOs that had been negotiated prior to the trade agreement are now modified and include the REOs from the Agricultural Sector.

The purpose of this agreement is to guarantee economic and commercial development between both countries.