time accumulated by an employee during the provision of service for an employer, is what has commonly been called "old." This legal institution has great importance for both subjects of the employment relationship. Thus, seniority is taken into account for the rise in some scales and professions, and also to get the bonus, compensation or benefits to which every worker is entitled in view of the time devoted to this work. In this regard, we must stress that the term "grandfathered" serves only to that period of time in a placement, but does not serve the term or value the quality of the service, then just simply the accumulation of time legally required, so that the worker be recognized that right. Arguably, that seniority is a vested right of the worker, with many constitutional laws, and not be waived by the latter.
has the Constitution of the Republic of Venezuela in its Article 88 that:
"The law shall adopt measures aimed at ensuring stability in the work and establish the benefits that reward the worker's seniority in service and protect them in case of unemployment "(emphasis on).
And Article 85, the Code, provides:
" The work will be given special protection. The law provides for improving the material, moral and intellectual workers. Be waived by the worker provisions established by law to promote or protect. (Emphasis on).
not recognize as the Constituent constitutional and inalienable character of the age, also puts on other non- less important, as is freedom from attachment of the same. Provided in Article 87 of that body of law:
"The bill will provide the means by which to obtain a fair wage, establish rules to ensure all workers at least minimum wage, guarantee equal pay for equal work without discrimination; apportionment of which must correspond to workers in corporate profits, and protect the wages and benefits to be seized in the proportion and cases specified and other privileges and guarantees as it may specify. " (Emphasis on).
has the Constitution of the Republic of Venezuela in its Article 88 that:
"The law shall adopt measures aimed at ensuring stability in the work and establish the benefits that reward the worker's seniority in service and protect them in case of unemployment "(emphasis on).
And Article 85, the Code, provides:
" The work will be given special protection. The law provides for improving the material, moral and intellectual workers. Be waived by the worker provisions established by law to promote or protect. (Emphasis on).
not recognize as the Constituent constitutional and inalienable character of the age, also puts on other non- less important, as is freedom from attachment of the same. Provided in Article 87 of that body of law:
"The bill will provide the means by which to obtain a fair wage, establish rules to ensure all workers at least minimum wage, guarantee equal pay for equal work without discrimination; apportionment of which must correspond to workers in corporate profits, and protect the wages and benefits to be seized in the proportion and cases specified and other privileges and guarantees as it may specify. " (Emphasis on).
In Article 108 of the Labour Law:
"When the employment relationship ends for any reason after three months of service, the employer must pay the worker compensation equivalent to ten (10) days' pay if the age does not exceed six (6) months and one (1) month's salary for each year of service to their service or fraction of a year greater than six (6) months "(emphasis on).
To calculate this "compensation" was taken as a basis the last salary earned by the employee upon termination of employment.
With the partial reform of the Labour Law, Article 108 was amended as follows:
"After the third month of continuous service, the employee is entitled to a service benefit equal to five (5) days' pay for each month. After the first year of service or fraction than six (6) months from the date of enactment of this Act, the employer shall pay the worker an additional two (2) days salary for each year, on account of cumulative service benefit up to thirty (30 ) days' wages "(emphasis on).
As shown, before the partial reform, the Labour Law considered the antiquity as compensation, and then in the partial reform of the same, the legislature gives it the character of supply to that institution, which seems to better serve their legal nature, because, the enjoyment of this right by the worker becomes by necessity, in justice, recognize the same service performance consistently for the same employer, and does not contain within itself the "duty to indemnify" the operator for the time worked.
"When the employment relationship ends for any reason after three months of service, the employer must pay the worker compensation equivalent to ten (10) days' pay if the age does not exceed six (6) months and one (1) month's salary for each year of service to their service or fraction of a year greater than six (6) months "(emphasis on).
To calculate this "compensation" was taken as a basis the last salary earned by the employee upon termination of employment.
With the partial reform of the Labour Law, Article 108 was amended as follows:
"After the third month of continuous service, the employee is entitled to a service benefit equal to five (5) days' pay for each month. After the first year of service or fraction than six (6) months from the date of enactment of this Act, the employer shall pay the worker an additional two (2) days salary for each year, on account of cumulative service benefit up to thirty (30 ) days' wages "(emphasis on).
As shown, before the partial reform, the Labour Law considered the antiquity as compensation, and then in the partial reform of the same, the legislature gives it the character of supply to that institution, which seems to better serve their legal nature, because, the enjoyment of this right by the worker becomes by necessity, in justice, recognize the same service performance consistently for the same employer, and does not contain within itself the "duty to indemnify" the operator for the time worked.
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