Employment and labor laws vary from country to country. This guide is intended to provide the most up to date information available. We will update this guide as needed when changes are made to the laws.
Employment Contracts
Employers are legally required to provide formal written contracts for all employees that include salary/wage, termination terms, job title, etc. The contracts must be written in Spanish and use the Venezuelan Bolivar currency (VEF).
Working Hours
The workweek is generally limited to no more than five eight-hour days and a maximum of 40 hours per week. For employees under 18, work hours are limited to 6 hours a day or 30 hours a week.
Upper management employees, as well as inspection or supervisory employees, may exceed the daily or weekly limits, if:
- The workday does not exceed 11 hours.
- The total hours worked in 8 weeks do not exceed an average of 40 hours per week.
- The employee is entitled to 2 continuous days of paid rest weekly.
Overtime
All work above the standard working week is to be paid as overtime and is regulated by the employment contract or collective agreement. Should overtime be paid, it is calculated as 150.00% of the regular salary pay rate per overtime hour worked.
The maximum number of worked overtime hours permitted are 10 per week and 100 per year.
Public Holidays
Venezuela has 17 public holidays. Holidays falling on weekends are moved to the next working day.
For the year 2022:
- Jan 1: New Year’s Day
- Feb 28: Shrove Monday
- Mar 1: Shrove Tuesday
- Apr 14: Maundy Thursday
- Apr 15: Good Friday
- Apr 19: Independence Declaration Day
- May 1: Labor Day
- Jun 24: Saint John’s Day
- Jun 29: Feast of Saints Peter and Paul
- Jul 5: Independence Day
- Jul 24: Simon Bolivar’s Birthday
- Aug 15: Assumption of Mary
- Oct 12: Indigenous Resistance Day
- Nov 1: All Saints’ Day
- Dec 24: Christmas Eve
- Dec 25: Christmas Day
- Dec 31: New Year’s Eve
Paid Time Off Mandatory Vacations
In Venezuela, employees are entitled to 15 working days of paid vacation upon the completion of one continuous year of service, plus one additional working day for each subsequent year of service up to a maximum of 30 working days per year.
Sick Leave
Employees are entitled to take up to 1 year of sick leave in the event of illness or injury. In case of sickness, the employee is entitled to a sick leave allowance paid by the employer for the first three days of sickness and subsequently by the social security from the 4th day onwards.
Employees must provide a professional medical certificate within 48 hours of the sickness.
Maternity and Paternity
Maternity Leave
Mothers receive a total of 26 weeks of maternity leave, six weeks before the expected due date and 20 weeks following the birth. Salary is paid at the rate of 66.60% by social security.
Paternity Leave
In Venezuela, the father/partner is entitled to 1 week of paid paternity leave.
Parental Leave
Employees are entitled to 14 days of parental leave
Other Leave
Depending on the collective agreement/employment contract, an employee may be allowed additional leave types, as approved between the employer and employee, for the following:
- Bereavement Leave: Employees are entitled to 2 days of paid leave due to a death of a direct family member.
- Wedding leave: Employees are entitled to 3 days of leave in the event of their wedding.
- Study leave: employees are entitled to study leave in Venezuela by Law, but the law does not stipulate its length or whether it should be paid or unpaid. Where such leave is granted, the employee’s contract is suspended.
- Military Leave: Employees are entitled to paid leave while on military service or training.
Employee Severance and Terminations
Termination Process
The termination process varies according to the employment agreement or collective agreement in place and is based on the type of contract and reason for termination.
Notice Period
There is no statutory notice period in Venezuela; this is usually agreed upon in the employment contract.
Severance Pay
There is no statutory severance pay in Venezuela.
Employers enter a severance agreement with their employees upon hiring; both parties submit a sum of money to a severance fund every month and receive a calculated sum upon termination.
Probation Period
There is no statutory probation period in Venezuela; this is usually agreed upon in the employment contract. However, as it is possible to dismiss an employee with no justification during the first 30 days of service, this period is often referred to as the probationary period.
Payroll Cycle
In Venezuela, the payroll frequency is bi-weekly or monthly. The employer must make the payment for bi-weekly employees on the 15th and 30th of each month.
The monthly minimum wage is 1,200,000 VEF.
13th Salary
In Venezuela, a 13th-month payment is mandatory, and the payment is generally made at the end of the year; this may differ as stipulated within the collective agreement.
Income Tax
VISA
Venezuela’s immigration system provides several options for employers of foreign nationals. Requirements, processing times, employment eligibility, and benefits for accompanying family members vary by permit type.
All foreign nationals require a business visa – TR-N Visa – before entry to carry out any business activities in Venezuela, which is generally granted for one year and allows stays of up to 180 days, continuous or cumulative, within the validity of the visa.
The 90-Day TR-L Visa is used by short-term workers on home payroll and permits work for 90 days.
The main work authorization category is the TR-L Visa, valid for one year with indefinite extensions. While no labor market testing is required, there is a minimum salary requirement, which changes annually. A TR-L Visa application requires previous approval of a Work Permit by the Ministry of Labor. All foreign nationals, regardless of nationality, must obtain a TR-L visa from a Venezuelan consular post, after approval by SAIME (Servicio Administrativo de Identificación, Migración y Extranjería). TR-L visa holders qualify for permanent residence after five years of uninterrupted residence in Venezuela.
VAT
The standard rate of VAT in Venezuela is 16.00%