„With regard to paid leave, Article 223 provides that, on the occasion of the leave, the worker is entitled to a special bonus of at least seven (7) days` pay plus one (1) additional day for each year of service, up to a total of twenty-one (21) days` salary, if the worker has not acquired the right to receive a bonus higher than that of seven (7) wages. Otherwise, you will receive the amount to which you became a creditor, without prejudice to the additional day of one (1) day`s salary per year of service. As you can see, the holiday season in Venezuela, as well as the payment of the holiday premium, is a necessary opportunity for you to distract yourself, rest and continue working with new energy. One of the most anticipated times for employees is the period of paid leave plus the payment of vacation pay. It is an inalienable right that allows you to rest and replenish your energies to perform your tasks optimally. However, the bonus does not apply in case of justified termination. According to the law, your vacation time must be enjoyed effectively. That is, they should not be interrupted. If you have not yet worked for a year, the days of collective vacation are taken as paid rest. Those that exceed the corresponding holiday period will be deducted from future holidays. Article 224 stipulates that if the employment relationship ends for any reason without the employee having taken the leave to which he is entitled, the employer must pay him the corresponding remuneration for unused leave, including vacation pay.
The answer is no. Here is the legal basis for which it is not recommended to cancel vacation without granting the employee the appropriate enjoyment: Comment on access to justice: It is very common for companies to pay for vacation caused before May 2012, on the basis of 15 days of the first year plus cumulative days, even this is the interpretation of many officials in the various labour inspectorates, but in the sentence it can be interpreted as the Social Chamber that the law in force at the time the right was established or caused applies, so that, for example, in the public holidays caused in the period 2009-2010 it orders to pay 7 days and not 15 days, as provided for in the Labor Code (LOTTT Decree of May / 2012), which is in force for the period of termination of the relationship and / or the actual calculation of the benefit. The same goes for profits, the chamber orders the payment of 15 per year or per annual year and not on the basis of 30 days, but from the profits generated after 2012 In ayudalegalpr.org you will find legal information that you must use according to your best criteria and needs. If you need legal representation, visit our directory of free legal services. In this article we will see how holidays are granted in Venezuela and how the holiday premium is paid. In addition, we will see how vacation pay is paid in case of resignation or termination. In this case, the plaintiff claimed profits from 2009 to 2014, and since the defendant has not proved that he paid these labour rights during the period claimed, the claim is found to be reasonable. To that end, the appointed expert must take into account the average normal salary received by the employee during the financial year in question, taking into account the fact that, apart from Article 121 of the above-mentioned substantive labour law, the applicant received variable remuneration and because the applicant did not provide the evidence necessary to determine whether, during its annual financial year, the defendant received a distributable liquid that it pays annually on the days of the expected gains, which is why the payment of this concept is made on the basis of the minimum limit set by the law from 2009 to 2014. (Social Security Chamber, judgment no. 0314 of 16 February 2006, Case of Juan Andrade v Videos & Juegos Costa Verde, C.A.).
For example, imagine that you have been in the company for 2 years with a salary of 450,000 Bs. Your holiday voucher is equivalent to 8 days (7 plus 1 extra). Similarly, article 192 of the Law on the Organic Law on Salaried Work stipulates that at the time of his leave, employers must pay the employee, in addition to the corresponding salary, a special bonus for his benefit, which includes at least fifteen days (15) of the normal salary plus one day (1) for each year of service up to a total of thirty (30) days of normal salary. This holiday bonus has a salary character. Under Article 226 of the LOT, the agreement under which the employer pays the indemnity for the days of leave without giving the employee the time he needs to use them is required to grant them with his respective remuneration, without being able to claim in his favour that he has previously responded to the request for payment. In accordance with Article 229, one or two periods of leave may be cumulated for a maximum of three periods only at the request of the worker. According to Article 223 of the LOT, the employee is entitled to a bonus in addition to the payment of the days paid on the basis of the salary at the time of departure. This vacation bonus has a minimum wage of 7 days and is added an additional day for each year of service, up to a maximum of 21 days` salary. As this is your third year, you are entitled to a bonus of 9 daily wages (7 + 2) for 12 full months. Let`s see how many 9 months correspond.
The holiday bonus does not apply if the termination is justified. In this case, you will only receive the payment of proportional days. Consequently, the concept of vacation pay, which must be calculated by the expert appointed in this regard on the basis of the average of the normal salary of the last three (3) months until the date of termination of the employment relationship, is considered appropriate, in accordance with the provisions of the single section of Article 121 of that substantive labour law, as follows: According to Article 219 of the LOT, the employee is entitled to a period of 15 working days of paid leave as soon as he has completed 1 year of uninterrupted work. The article also states that you are entitled to an additional day off for each year of service for consecutive years, up to a maximum of 15 working days. These working days are added and include holidays or weekends in the period. The single paragraph of the same article also specifies that the worker may take the leave to which he may be entitled, depending on its duration, but is entitled to the payment of the additional salary on the basis of the work performed. And it would be the sum of your bonus that must be paid when you go on vacation. 4.- POSSIBILITY OF PLEASURE: (Art.199 and 200 LOTTT)The employee has the right to benefit from his leave if he performs a year of uninterrupted work, the time or duration during which the leave is taken is agreed between the employer and the employee, provided that the benefit can only be postponed for three (3) months after the birth of the right.
except in cases where the employee requests in writing to postpone or advance his holidays so that they coincide with the school holidays of his children. The employee may accumulate up to two (2) periods of leave and must submit the request in writing to justify the convenience of such accumulation for the employee. In the case of employees who earn a salary per unit of work, per room, per room or per commission. The average salary of the employee should be calculated on the basis of the last three months before the leave, the sum of the amounts is added and divided by three, the result is the average monthly salary.