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Constitutional Chamber of the Supreme Court of Justice issues decision that provides for interpretation of the Master Labor Law as to when service provision is deemed completed for waiver of reinstatement purposes
Decision No.376 was published in Official Gazette No. 39,921 of May 12, 2012. Such Decision provides for an interpretation, pursuant to the Constitution of the Bolivarian Republic of Venezuela, of Article 61 of the Master Labor Law (LOT) for the purpose of defining when service provision is deemed completed, in those cases where the employer does not abide by the Administrative Order issued by the Labor Inspectorship for worker reinstatement and payment of back wages. This Decision is framed within the extraordinary auditing powers vested in the Constitutional Chamber, which seek to avoid the prevalence of scattered criteria as to the interpretation of constitutional norms and principles that may distort the juridical system or that may create uncertainties and insecurity as to its application. As to the prescription period for bringing procedures related to severance benefits claims, the Chamber has stated that there is no peaceful and reiterated case law in this regard, with different positions for the revision of rulings from the Court of Appeals. In the light of decisions with contradictory positions, there being no rule that expressly regulates such assumptions, the Chamber resolved as follows: Considering the principle of in dubio pro operario set forth in Article 89 (3) of the Constitution of the Bolivarian Republic of Venezuela, the interpretation deemed most favorable to the worker shall be applied; hence, the Chamber has interpreted, from the analysis of the applicable regulation, that the prescription period provided for in Article 61 of the MLL is in effect from the moment in which the worker waives to its reinstatement, upon filing of a claim for severance benefits payment.
"La informacin contenida en el presente boletn, es de carcter estrictamente informativo. Por lo tanto para la toma de decisiones particulares sobre los temas que se comentan, se deber contar con el auxilio del asesor especialista en el tema pertinente". "The contents of this bulletin is strictly informative. Therefore, for specific decision making purposes on the subjects discussed therein, you should ask for the assistance of the advisor specialized on the pertinent subject.
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