Labor Law News

Author:Ms Ana Arriaga
Profession:Torres Plaz & Araujo Abogados

Ruling dated July 3, 2001, Constitutional Chamber of the Supreme Court of Justice, Presented by Magistrate Antonio J Garcia Garcia .This concerned an action for a declaration of nullity on the ground of unconstitutionality brought against Article 195 (limits on nightly working hours) and other regulations (exceptions to the general rules on working hours) of the Organic Labor Law, based upon an alleged violation of Article 89, ordinals 1 and 2, and Article 90 of the Constitution of the Bolivarian Republic of Venezuela. The Court annulled Article 195 only to the extent of the fixed limit on nightly working hours, which was altered from forty (40) hours per week to thirty five (35) hours, in accordance with the provisions of Article 90 of the Constitution. The Court also held that, in respect of the other regulations, the action was unfounded because such regulations did not conflict with the spirit, intention or reason of the Constitution. Finally, the Court decided that its decision would take effect from the moment of publication.

Ruling dated June 12, 2001."CasaciÛn Social" Chamber of the Supreme Court of Justice. Presented by Magistrate Omar Mora Diaz. The Court held that the President of the Board of Directors was not in the position of an...

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