For workers in the public and private sectors are declared as non-working days on February 28 and March 1, 2019.
In the Official Gazette of the Bolivarian Republic of Venezuela No. 41,594 of February 26, 2019, Executive Order N° 3773 (“The E.O.”) was published, by means of which February 28 and March 1 of 2019 were declared as non-business days and therefore considered holidays to the effects of the Organic Labor Law.
The declaration of non-business days established in the E.O. is applicable to workers in both the public and private sector.
The following are excluded from the application of the E.O.:
- Activities that cannot be interrupted due to technical, public interest or eventual circumstances, in accordance with article 185 of the Organic Labor Law, among which are: production and distribution of electric power; telephone and telecommunications in general; sale of fuels and lubricants; medical and hospital care, clinical laboratories and other establishments of the same nature; pharmaceutical and medical stores; supply and sale of food and groceries; hotels and restaurants; social communication; recreation, tourism and public recreation; public services; public transportation; extraction industry; industrial processes where ovens and boilers are used that reach high temperatures; activities that require a continuous process; activities related to the steel industry; production apparatus and compression pumps; industrial gases; paper industry; activities for the completion of fast and mechanical tanning; Surveillance and graduation of the heaters for the drying of wet cigarettes; germination of grain, the fermentation of the must and the distillation of alcohol; refining works; driving fuels by means of pipes or pipelines; repair and cleaning of machines and boilers; of the gas conduits of the conductors, generators and transformers of electrical energy; essential works for the conservation of raw materials or products susceptible to easy deterioration, National among others, in accordance with articles 17, 18 and 19 of the Partial Regulation of the Organic Labor Law.
- Workers in the production, processing, transformation, distribution and marketing of non-perishable foods, issuance of “sole guides for mobilization”, monitoring and control of agricultural food products, conditioned, processed, and finished, transportation and supply of inputs for agricultural use and of agricultural crops and all those that ensure the functioning of the National Agricultural Food Integral System, in the network of State companies of the agricultural and food areas in the production, industry and commerce sectors, as well as the activities related to the Port System.
- Workers whose activity is linked to the transport of drinking water and the necessary chemicals for its purification (liquid or solid aluminum sulphate), aluminum polychloride, calcium hypochlorite or sodium gas (up to 2,000 lb. cylinders or 150 lb. canisters) , transfer and custody of values, perishable and non-perishable foods, short-lasting medicines and medical supplies, carbon dioxide (dry ice), oxygen (gases or liquids necessary for the operation of medical care centers), construction materials destined for the Venezuela Great Housing Mission, household waste, chemical fertilizers and newspapers, assignments for agricultural uses and those that transport crops of agricultural items of the Great Agro Venezuela Mission, domestic gas and fuels for the provision of ground transportation service stations, ports and airports, products associated with oil activity, as well as electrical materials and equipment; notwithstanding the exception to suspension of work on holidays for technical reasons, public interest or eventual circumstances, provided in articles 17, 18 and 19 of the Partial Regulations of the Organic Labor Law.
It was also established that the National Customs and Tax Administration Service (SENIAT for its Spanish acronym), the National Institute of Statistics (INE for its Spanish acronym), Public and Private Banking, and the public and private agricultural food sector, depending on the nature of their activities, may dictate standards for the implementation of the provisions of the E.O. with regard to the workers under their charge, guaranteeing in all cases the continuity of the tax collection process, the collection and availability of economic statistics and the provision of banking services.
Likewise, it was established that workers exempted from the application of the Decree will be entitled to the corresponding salary for those days as if they were working days, without being able to make any surcharge (holiday) on the normal salary that corresponds to those days of work. Regarding the right to enjoy vacations or permits, days declared as non-work days will be counted as working days.
This report presents a general description of relevant aspects of Executive Order No. 3,773 and does not constitute a legal opinion aimed at addressing a specific situation. In case of doubts or comments or for more information, do not hesitate to contact InterJuris Abogados (www.interjuris.com) +58 (212) 750 1200.