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VENEZUELA An Introduction

The Republic of Venezuela is the sixth largest country in South America, but in variation its landscape rivals that of the much larger countries like Brazil and Argentina. In fact, comparing its geography really doesn't do it justice: the country is simply unique. Anyone who has ever seen a tepuis rising above Venezuela's Gran Sabana can testify that there's nothing really like it, anywhere. Venezuela lies at the northern extreme of South America, bordered by Colombia to the West, Brazil to the South, Guyana to the East, and the Caribbean Sea to the North. In all, the country is just over 900,000 square kilometers and divided into 23 states. Its borders seem to hold all of South America in miniature: there are fine stretches of the Andes, huge areas of Amazonian rain forests, fertile plains known as llanos, miles of Caribbean shoreline, and even a small desert. The nation also has a few geographical superlatives, including the world's highest waterfall and South America's biggest lake. Venezuela is as much a Caribbean country as it is a South American one. Parts of its shoreline could easily be mistaken for that of some paradisiacal Caribbean island, and at night the discos in Caracas come alive with rhythms from all over the Caribbean. If you looked under the earth, you might easily mistake Venezuela for an oil-rich Arabian country. The oil reserves are so vast, in fact, that from time to time engineers and surveyors drill in the wrong place by mistake, miles away from where they think they should be, only to end up finding oil anyway. Because of its proximity to the Equator, Venezuela experiences few climatic variations. There are really only two seasons: dry and wet. The dry season lasts from December to April, the wet one from May to November. The average temperature is about 27C.

CAPITAL

Caracas

ETHNIC GROUPS (2011)

49.9% Brown/Multiracial 42.2% White 3.5% Black/Afro Descendant 2.7% Amerindian 1.1% Others 0.6% Unknown

INDEPENDENCE

From Spain- July 5, 1811 From Gran Colombia- January 13, 1830 Current Constitution- December 20, 1999

CURRENCY

Bolvar Fuerte[E] (VEF)

FLAG

COAT OF ARMS

NEW LABOUR LAW VENEZUELAS

VENEZUELAS NEW LABOUR LAW CAME INTO FORCE ON THE 7TH OF MAY 2012 TO DRAMATICALLY IMPROVE THE RIGHTS OF WORKERS. THE GOVERNMENT OVERHAULED THE COUNTRYS LABOUR LAW (LOT) AS PART OF A THOROUGH PARTICIPATORY CONSULTATION PROCESS IN WHICH WORKERS WERE ENCOURAGED TO MOBILISE AND DOCUMENT THEIR PROPOSALS TO BE INCLUDED IN THE NEW LEGISLATION. AS PART OF THIS DEEPLY DEMOCRATIC PROCESS, THOUSANDS OF REGIONAL FORUMS AND WORKSHOPS TOOK PLACE ACROSS THE COUNTRY GIVING ALL SECTORS OF VENEZUELAN SOCIETY A CHANCE TO SHAPE THE NEW LAW THROUGH THEIR IDEAS AND CONTRIBUTIONS.

THE PRESIDENTIAL COMMISSION FOR THE LAW, COMPOSED OF 16 MEMBERS OF GOVERNMENT REPRESENTATIVES AND MEMBERS OF CIVIL SOCIETY, RECEIVED OVER 19,000 PROPOSALS. THIS NEW LAW REPLACES THE FORMER LABOUR LAW, PASSED IN 1997 BY PRESIDENT RAFAEL CALDERA UNDER PRESSURE FROM THE IMF. THE SO-CALLED CALDERA LAW REMOVED LEGAL REQUIREMENTS FROM EMPLOYERS SUCH AS SEVERANCE PAY AND COMPENSATION FOR UNFAIR DISMISSAL. THE NEW LAW WILL ALSO BUILD ON THE CURRENT RIGHTS ESTABLISHED IN THE 1999 CONSTITUTION. AS A RESULT OF THESE CONSTITUTIONAL RIGHTS, THERE HAS BEEN A DRAMATIC INCREASE IN THE PROPORTION OF THE WORK FORCE ENGAGING TRADE UNION ACTIVITY. BEFORE PRESIDENT CHAVEZS ELECTION IN 1998 TRADE UNION MEMBERSHIP FIGURES STOOD AT 11%. NOW, OVER 28% OF THE WORKFORCE IS UNIONISED.

KEY POINTS OF VENEZUELAS NEW LABOUR LAW

WORKERS RIGHTS
Free access to justice/legal services All workers have the right to social security, including housewives (and the recognition of the economic value of domestic work) Exploitative private subcontracting is abolished. Right to strike 120 hours after presenting a list of demands.

GENDER EQUALITY
The state has the responsibility to guarantee gender equality in all aspects of work and employers are responsible for encouraging and promoting the equal participation of women in managerial and director level roles.

MATERNITY AND PATERNITY LEAVE


Maternity leave increased to 6.5 months. It is made illegal to submit women to medical exams and pregnancy tests Suitable working conditions must be found for pregnant women. Protected job security from the start of the pregnancy right up to 2 years after giving birth. 14 consecutive days leave for fathers from birth and 2 years job security Women who adopt a child under 3 years old will receive 26 weeks leave. Employers with over 20 employees must provide crche for children between 3 months and 6 years old and a room for breastfeeding Permanent job security for the parents of disabled and gravely ill children.

ANTI-DISCRIMINATION
All discrimination on the grounds of age, race, sex, socio-economic background, creed, marital status, trade unionism, religion, politics, nationality, sexual orientation, disability, etc is prohibited. State must promote and support employment of disabled people. Employers must employ 5% disabled workforce. Workers cannot be discriminated against in their right to work on the basis of having a criminal record. Workers cannot be discriminated against on the basis of trade union affiliation.

WORKING HOURS
Night workers have a right to 30% extra salary than day workers. At least 50% extra for extra hours worked (time and a half). Paid bank holidays and 50% extra if work these days (time and a half). Workers should not work over 5 hours continuously without a break of at least 1 hour a day. Workers should not work more than 5 days a week with 2 days continuous rest (paid) a week. No more than 8 hours a day - 40 hour week. If on night work - 7 hours a day, 35 a week.

SALARY AND HOLIDAY ENTITLEMENT


Christmas bonus for all workers, equal to one months pay minimum, due in the first 15 days of December. 15 days holiday entitlement after 1 year and a holiday bonus of at least 15 days pay and 1 more day for each year worked up to a total of 30 days.

PROTECTION OF CHILDREN AND MINORS


Children under the age of 14 cannot work except in artistic and cultural areas.

DECENT WORKING CONDITIONS


Employer must guarantee and safeguard the following: Physical, intellectual and moral development Exchange of knowledge and training at work Time for rest and recreation Healthy work environment Protection of life, health and safety at work Prevention of sexual and other harassment Free transport provided if live over 30km from workplace

Conclusion
President Chvez has indicated that the new labor law is an historic piece of legislation that is the product of long and difficult struggles to assert and expand workers rights in Venezuela. While some have criticized the new law, according to one survey conducted in April 2012, an estimated 85 percent the population welcomed the change. Workers in Venezuela weighed in on the law as it was being developed during a nationwide process of popular consultations conducted by a presidential commission comprised of labor unionists, businesses leaders, lawyers and government ministers. Womens groups also put forth draft proposals through the Ministry for Women and the National Assemblys Subcommittee on Gender Equity and Equality. In

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