QUESTIONS AND ANSWERS ON THE EXERCISE OF THE RIGHT TO ENJOY THE HOLIDAYS, ACCORDING TO THE LAW VENEZUELAN LABOR ORGANIC AND REGULATION
When born the right to the effective vacation?
The business day immediately following the employee meets one (1) year of continuous employment. ( article Lot 219).
How many days of enjoyment for the holidays, the worker is entitled?
Fifteen (15) days the first year. Subsequent years will also be entitled to one (1) additional day paid for each year of service up to a maximum of fifteen (15) days. (Article 219 LOT)
What time does the worker have the right to receive payment for your holiday?
Payment of wages paid holidays shall made at the beginning of them. ( Article 222 LOT)
Does the worker entitled to other additional payments to the enjoyment of the holiday?
A minimum bonus of seven (7) days of salary the first year of service plus one (1) additional day for each subsequent year until a total of twenty (21) days salary. ( Article 223 LOT)
If the worker receives food and accommodation of their regular pay, shall be entitled during his annual leave to continue receiving or value in lieu thereof ... ( Article 221 LOT)
Does the worker entitled to the payment of leave not even if the employment relationship has terminated for any reason?
When for any reason terminate the employment relationship without the worker has received a vacation entitlements, the employer must pay the corresponding remuneration. ( Article 224 LOT)
When the employment ends for reasons other than dismissal justified before the end of the year service, the employee is entitled to be paid the equivalent of the remuneration that would have caused in relation to annual leave in proportion to completed months of service during that year as a percentage payment of holiday you have accrued. ( Article 225 LOT)
What is the salary base for calculating the holidays?
The base wage for the calculation of vacation will be the normal salary earned cash in the month immediately preceding work day she was born the right to vacation.
If wages per unit of work, or by the piece or commission, shall be the average salary earned during the year immediately preceding the day he was born the right to vacation. ( Article 145 LOT)
normal salary is the remuneration earned by the employee on a regular and continuous service delivery. Are therefore excluded from the same perceptions of an accidental, arising from the provision of age and that this law considers that non-wage character. (Article 133 SECOND PARAGRAPH LOA).
Can the employer deduct from my wages for vacation, contributions for social security and similar?
can, and is obliged to do so. The service of a worker is not considered interrupted by annual leave, the late payment of contributions, Social Security taxes or any other similar interest payable while serving ( Article 228 LOT)
Is the worker required to effectively enjoy their holiday once acquired the right?
The worker must take the leave, effectively. ( Article 226 LOT)
Annual leave can not be postponed beyond six (6) months from the date of his birth the right ... ( Article 230 LOT)
may agree that the enjoyment of annual leave is made in two (2) periods, if it be convenient to the worker . (Article 121 RLOT)
Exception: The enjoyment of one (1) or two (2) holiday may be postponed at the request of the worker to allow a build up to three (3) periods, when the purpose of such accumulation is convenient for the applicant. ( Article 229 LOT)
What happens when the employer pays the employee vacation and does not give you enjoyment?
The employer shall be obliged to grant them to their respective remuneration, but may not claim any result of having previously met the requirement of payment. ( Article 226 Paragraph LOT 2nd. LOT)
What happens when, for the enjoyment of my vacation I suffer a disability?
During the holidays you can not understand the term of notice or days in which the employee is incapacitated for work . (Article 231 LOT)
What happens if I work for 2 or more employers and my holidays are caused by different dates?
should be given to meet the year of uninterrupted service with the oldest relationship. Other Employers must give the rest and pay the equivalent salary in proportion to completed months that had to serve each of them. In this case no such fraction shall be counted for the granting of the following holidays. (Article 227 LOT)
Can the employer charge the days of excused absence for the period of leave the employee?
can not. Not be considered as disrupting the continuity of the employee's service for the enjoyment of the right to paid legal holidays, your absence from work for cause ... ( article LOT 232)
Can the employer charge the days of unexcused absence for the period of leave the employee?
Yes you can. The periods of absence from work without good cause, totaling about seven (7) or more days per year may be charged to annual leave ... provided that the employer will have paid the salary for the days missed. ( Article 233 LOT)
What if the company gives collective vacations and have not completed the year of service?
The worker will enjoy the days of paid leave granted by the company, but the days in excess of the proportion that you will be charged corresponding to their future vacations. ( Article 220 LOT)
What happens if during the enjoyment of my vacation I decided to work in other paid work?
The employee who carries out paid work during the course of his annual leave will lose their right to be paid the salary for the holiday period. ( Article 234 LOT)
The employer who has paid the salary for holiday enjoyment is entitled to the amount paid will be returned. (Article 122 RLOT)
0 comments:
Post a Comment