431433181 Updated Labor Contract Model Lottt

Commercial Law (Andres Bello Catholic University)

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EMPLOYMENT CONTRACT
Between the commercial company XXXYYYZZZ, C.A., registered before the NNNNNNNN Registry on the date
XX/YY/ZZZZ, registered under No. XX, Volume XX-A, located in YYYYYYYYYYYYYYYYYYYYYYYYYY,
represented in this act by its President, the citizen XXXXX YYYYY, with Identity Card
XX.XXX.XXX of nationality XXXXXXX, XX years old, of marital status XXXXXXXX, residing
in XXXXXXX XXXXXXX, who hereinafter and for the purposes of this contract will be referred to as
"THE PATRON (ESS)" on one part, and on the other side the citizen: ZZZZZZZZZZZZZZZ, holder of the ID card
of identityCC.CCC.CCC, who is of nationalityAAAAAAAAAAA, agedXYyears, of marital status
SSSSSSSSSS, residing in LLLLLLLLLLLLLLLLLLLL, who for the same purposes will be referred to as 'THE(LA)'
WORKER
conditions under which THE WORKER will provide their services in exchange for a salary and others
benefits, as established in article 55 of the Organic Law of Labor, Workers and the
Workers (LOTTT), which will be governed by the following clauses:
FIRST CLAUSE. THE NAME AND DESCRIPTION OF THE JOB POSITION OR ROLE:
THE WORKER is obliged to provide his/her services as "XXXXXXXXXXX", with the utmost efficiency,
loyalty, fidelity, morality, performing the role within the norms and regulations established by
"THE PATRON" and carrying out the required services in compliance with the LOTTT and its Regulations,
fulfilling the duties established by the Organic Law on Prevention for "THE WORKER"
Working Conditions and Environment (LOPCyMAT), its Partial Regulations, the Technical Standards and
COVENIN in force during the duration of the Employment Relationship. The hierarchical level of the position or job.
The work to be performed is as expressed in the Job Description attached to this Contract.
Work. The job functions that THE CONTRACTED will perform are the following:
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If at any time during the provision of service by "THE WORKER" this one
consider that any of the activities or functions expressed here or existing in the Description of
If the services are not performed due to reasons attributable to "THE EMPLOYER" or their representatives, it must
notify it in writing to your immediate superior requesting acknowledgment of receipt. If not done, it will be assumed that
THE WORKER executes in its TOTALITY the activities and functions outlined there.
SECOND CLAUSE. START DATE: From the day XXXXX, of the month of XXXX of the year XXXX
the working relationship will begin to exist between "THE EMPLOYER" and "THE WORKER", whose
The date will not necessarily coincide with the preparation and signing of this Employment Contract. As of the
start date of the employment relationship "THE WORKER" will begin to accumulate benefits
social benefits as a reward for seniority and as protection in case of unemployment.

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THIRD CLAUSE. MODALITY AND DURATION OF THE CONTRACT: The Employment Contract entered into between
the parties will have the contract modality OPTION 1: INDEFINITE TIME. OPTION 2: TEMPORARY
DETERMINED with a duration of XXXXXXXXXXX (XX) days or months, being the day XX of the month
XXXX of XXXX, date on which the expiration of said period will conclude, unless the parties
agree, before the expiration of the indicated deadline, to extend it up to two times, with the last one being
justified extension for special reasons that exclude the intention to continue the employment relationship.
This Employment Contract is made for a FIXED TERM for the following reason:
XXXXXXXXXXX XXXXXXXXXXXX XXXXXXXXXXXXXXXXX XXXXXXXXXXX XXXXXXXXXXXXX (a.
Demand of the nature of the service, b) when it aims to temporarily and lawfully replace
a worker, c) when Venezuelan workers will provide services outside the country, d) when there is no
finished the work for which he was hired). OPTION 3: FOR A SPECIFIC WORK whose work
it will be the XXXXXXXXXXXX (Specify as precisely as possible). This Contract for all the
time required for the execution of the work and will finish with its conclusion.
FOURTH CLAUSE. THE WORKDAY: The time during which "THE WORKER"
will be available to fulfill the responsibilities and tasks assigned to them (Regular Work Schedule)
it will be the following:

MONDAY, TUESDAY, WEDNESDAY, THURSDAY, FRIDAY, SATURDAY, SUNDAY

Start of the Workday: XXXXXX
Suspension of the Day due to the start of rest time: XXXXXXX
Restart of the workday due to the end of break time: XXXXXXX
Conclusion of the Workday: XXXXXXX
The worker will work with a daily work schedule lasting 8 hours.
two consecutive days of weekly rest, which will be: XXXXXXXX and XXXXXXXXXXXX. "THE(HE)
"WORKER" due to the functions and responsibilities described of their position or job.
Work is categorized as XXXXXXXX (Management, Inspection, Surveillance, WORKER with
discontinuous or intermittent work that involves long periods of inaction) and can work in
Special schedules in which they will not be subject to the limits of the daily or weekly working hours.
work as specified before, being able to work during shifts of up to eleven hours a day.
FIFTH CLAUSE. THE SALARY: "THE WORKER" as a result of the services rendered.
within the existing employment relationship, he/she will receive a (Salary Per Unit of Time of XXXXXXX
XXXXXXXXXX BOLIVARES WITH XXX/100 (BS.XXXX,XX) per month, Salary per unit of work, per piece or
a wage of XXXXXXX XXXXXXXXXX BOLIVARES WITH XXX/100 (BS.XXXX,XX), Salary by Task of
XXXXXXXXX BOLIVARS WITH XXX/100 (BS.XXXX,XX)) from the start date of the relationship
work, sum that "THE EMPLOYER" will cancel (in cash within the same facilities of the
work entity, with a check within the same facilities of the work entity, through
by deposit or transfer at the financial institution XXXXXXXXXXX, which will not charge any fees
bank accounts nor will it require 'THE WORKER' to maintain a certain balance in the account with
reason for its opening and maintenance) and whose amount will not be less than the Minimum Wage. The Salary will be

paid to "THE WORKER" weekly or biweekly, always on a working day, during

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the workday. If the payday coincides with a non-working day, the payment of the salary will be made on the day
skilled immediately prior. In addition to the Salary, "THE WORKER" will receive the benefit of the Bonus.
for food which will be XXXXXXXX bolivars with xx/100 (Bs XX.XX), per day effectively worked,
which will be canceled through (vouchers, tickets or electronic cards), payment that will be made within
the first five (5) business days of each month. "THE WORKER" will receive within the first
fifteen days of the month of December of each year an amount equivalent to XX days of salary for the concept of
End of Year Bonus. THE WORKER, by agreement between the parties, will receive for expenses
fuel for your vehicle the amount of XXXXXXXXXX with XX/100 bolivars per month (XXX,XX Bs), amount not
attributable to the salary of the WORKER
SIXTH CLAUSE. PLACE OF SERVICE PROVISION: "THE WORKER" commits
to provide the services for which he/she has been contracted in the following places:
1. Inside the Physical Facilities of the Work Entity.
2. In the Surroundings of the Physical Facilities of the Work Entity.
3. On the street, moving to the places indicated by his immediate superior.
4. In the different regions that make up Venezuelan territory.
SEVENTH CLAUSE. COLLECTIVE AGREEMENTS OR APPLICABLE COLLECTIVE AGREEMENT: "THE(
The employee will enjoy the benefits outlined in the Collective Agreement from the date.
XXXXXXXXXXXXXXXXXXX XXXXXXX whose copy is delivered to "THE WORKER" at the moment
from the signing of this contract. By the mutual agreement of the involved parties, it was agreed between "THE (LA)"

EMPLOYER(S) and THE WORKERS who work in the workplace, prior to the signing of the
This contract is presented considering the irrevocability of the rights established by the LOTTT and the framework
Venezuelan law governing labor matters, the following:
XXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXX
EIGHTH CLAUSE. PLACE OF CELEBRATION OF THE EMPLOYMENT CONTRACT: This employment contract
work will be signed within the physical facilities of the Work Entity that he/she represents
PATRON(S), of which two original copies will be issued, one of which is delivered to "HIM/HER".
WORKER
"CONTRACT REGISTRATION" of the Work Entity.
NINTH CLAUSE. JUSTIFIED CAUSES FOR TERMINATION: According to the LOTTT, the causes will be
justifications for dismissal, the following facts of THE WORKER:
a) Lack of probity or immoral conduct at work.
b) Acts of fact, except in legitimate defense.
c) Injury or serious disrespect towards the respect and consideration due to the employer or the employer's representative.

the family members who live with him or her.

Intentional act or gross negligence that affects health and occupational safety.
e) Omissions or imprudences that seriously affect workplace safety or hygiene.
Unjustified absence from work for three working days within a one-month period, which is
will be calculated from the first absence. The illness of the worker.

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It will be considered a justified cause for absence from work. The worker must, whenever
there are no circumstances that prevent it, notify the employer or employer of the reason that makes it impossible
to attend work.
g) Material damage caused intentionally or with gross negligence to machines, tools and
work tools, furniture of the workplace, raw materials or processed products or in
preparation, plantations and other belongings.
h) Disclosure of manufacturing secrets, production, or procedure.
Serious breach of the obligations imposed by the employment relationship.
j) Abandonment of work.
k) Workplace harassment or sexual harassment.

TENTH CLAUSE. DUTIES OF THE WORKERREGULATIONSAND IN SUBJECT OF

WORKPLACE SAFETY AND HEALTH: THE WORKER must:
Develop behavior in accordance with the regulations established by the Organization, expressed in the
Internal Regulations consisting of 5 pages attached to this Employment Contract. Additionally, THE
The worker will be obliged, in terms of prevention of safety and health at work:
Carry out the duties derived from their employment contract in accordance with health and safety regulations.
at work not only in defense of your own safety and health but also with respect to others
workers and workers and in safeguarding the facilities where they work.
2. Make appropriate use and maintain in good working condition the control systems of
the unsafe working conditions in the company or workplace, according to the instructions
received, immediately reporting to the supervisor or the person responsible for its maintenance or the malfunction.

functioning of the same. The worker must inform the Security Service and
Health at Work of the company or to the Occupational Safety and Health Committee when, according to its
knowledge and experience, consider that the control systems referred to in this provision do not
corresponded to the unsafe conditions that are intended to be controlled.
3. Use correctly and maintain personal protective equipment in good condition.
according to the instructions received, immediately informing the person responsible for its supply or
maintenance, loss, deterioration, expiration, or malfunctioning of them. The worker
or the worker must inform the Company’s Occupational Safety and Health Service or the
Labor Safety and Health Committee when, according to its knowledge and experience, considers
that the personal protective equipment supplied does not correspond to the objective of protecting against
the unsafe conditions to which he is exposed.
4. Make good use of and take care of the basic sanitation facilities, as well as the installations and
Amenities for recreation, use of free time, rest, social tourism, consumption of
food, cultural activities, sports, and in general, all social service facilities.
5. Respect and enforce the notices, safety and hygiene posters, and other indications of
warnings that are placed in various locations, installations, and machinery of your workplace, in
subject of safety and health in the workplace.
6. Maintain order and cleanliness in your workplace.

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7. To adhere to the instructions, warnings, and teachings provided regarding safety and
health at work.
8. Comply with the rules and instructions of the established Occupational Health and Safety Program
for the company.
9. Immediately inform when they become aware of the existence of an unsafe condition capable
to cause harm to the health or life, one's own or that of others, to the individuals involved, to the Committee of
Occupational Health and Safety and to their immediate superior, refraining from carrying out the task until further notice.

it is determined whether or not its execution is advisable.

10. Actively participate directly or through the election of representatives in the Committees of
Occupational Health and Safety and other organizations that are created for the same purposes.

11. Actively participate in recreation programs, leisure time use, rest, and social tourism.
12. When they serve as supervisors, foremen, heads or leaders of
groups or teams and, in general, when they act as the head permanently or occasionally
group, workforce or production line, monitor compliance with safety and health practices by the
staff under his direction.
13. In general, refrain from performing acts or engaging in conduct that may harm the good
functioning of the Occupational Health and Safety Benefits Regime.
14. Comply with the guidelines provided by the immediate supervisors in order to fulfill the
regulations for prevention and safety conditions maintaining harmony and respect at work.
ELEVENTH CLAUSE. MODIFICATION OF THE CONTRACT: By collective agreement between the parties
Any modification arising from this contract must be agreed upon mutually.
between the parties, through the signing of an addendum which will be attached to the contract and will become part of it

member of it.
TWELFTH CLAUSE. TERMINATION OF THE CONTRACT: In case of breach by EL
Any breach of the clauses expressed above will entitle 'THE EMPLOYER' to
terminate this contract by full right for representing this a serious breach of obligations that
the work relationship is imposed.
THIRTEENTH CLAUSE. UNFORESEEN MATTERS: Both parties declare that what is not provided for in the
Previous clauses will be resolved by the legal provisions governing the matter, to which effect they declare that
they choose as a special domicile the city of San Cristóbal, capital of the State of Táchira, for all effects
legal.
Two (02) copies of a single tenor and for a single purpose are drafted in the city of San Cristóbal, the capital of
State Táchira on the ____________ days of the month of ___________ of ______.
For 'THE WORK ENTITY' THE CONTRACTED
___________________________
Name:___________________________
Here: _________________________________ Ci:

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Date:______________________________
Date:______________________________
Time:_______________________________
Time:_______________________________
Footprint Stamp

____________________________________

Article 55 of the LOTTT defines the employment contract as the agreement between the parties.
where the conditions under which a person provides their services are established
social process of work under conditions of dependency, a fair remuneration and
in accordance with the provisions of the Constitution of the Bolivarian Republic of Venezuela

assign the work to the people, they are given the authority to carry it out, but at the same time they are
"takes responsibility for the results."

the worker could argue that the employer offered benefits in excess of the legal ones, that is,
above the legal minimum and to take advantage of the presumption in their favor established by law.

Article 30: Trial period: The parties may agree on a trial period that does not
will exceed ninety (90) days, so that the worker can judge whether the working conditions
They are in their best interest and the employer appreciates their knowledge and skills.

During the trial period, either party may terminate the contract.
work without any right to compensation and without the need to provide prior notice thereof.
decision.
Article 44: Unjustified absenteeism at work: The dismissal cause provided in paragraph f)
Article 102 of the Organic Labor Law implies the unjustified absence of the worker.
for three (3) business days within a period of one (1) month, that is, counted from the first
absence taken into consideration and on the same date of the following calendar month.

Sole Paragraph: In order to thwart potential disciplinary measures, the worker

you must notify your employer, within two (2) business days following, the reason that
justify your absence to the work.

Article 45: Non-compliance with the schedule: The repeated breach of the work schedule
it will be considered a causal estimate for justified dismissal, in the terms provided in paragraph i) of the article
102 of the Law Organic del Work.

Single Paragraph: Repeated failure to comply with working hours will be understood as
non-compliance on four (4) occasions, at least, within a period of one (1) month.
Any salary deduction must be previously authorized by the employee in writing, except for
those that must be done by the employer by legal order and that ultimately end up benefiting the
worker, like those motivated by social security. In that sense, article 149 of the code
noun of work indicates:
Memorandum for misuse of tools

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Sick leave policies

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