Workers' rights in the Venezuelan Constitution of 1999
1. introduction
The present work is a comparison of the content of the Articles of the National Constitution of 1961 and the Bolivarian Constitution of Venezuela, approved by referendum in 1999, analyzing the different social contents, especially the part related to the Organic Labor Law.
At the time of approving the 1999 Constitution, the situation was quite critical, according to spokesmen for public opinion, both individual and massive, and was the subject of an inescapable debate. All institutional levels were seriously involved, which gave the crisis a global character, which included the administration of justice, where it was said that justice was in question, to the point that in 1998, the Venezuelan television station I take pictures where a Judge corrupted by the system, received dirty money, and when she realized she had been discovered, she threw the money out the window of the building. (These images traveled the world).
Thinking about it, it was that all Venezuelans decided to support the referendum, and we achieved a new Constitution, where we tried to give constitutional rank to very important rights, such as labor rights, such as the protection of working women who are pregnant.
We will try in the text of the same to stamp the articles of both constitutions that have to do with a subject, we will compare and analyze. All relating it to the current Organic Labor Law, in order to conceptually clarify all the rights of workers and employers.
2. Conformation of the constitution of the Bolivarian Republic of Venezuela
Work: All human behavior aimed at producing something.
Characteristics of work: Freelance, onerous and subordinate. It established that this article that it was a duty to work, an obligation, and that the requirement to work or to produce something had to be suitable (that is, prepared, having the knowledge and conditions to carry them out). This article is related to Article 87 of the Bolivarian Constitution of the Republic of Venezuela, from 1999.
"Everyone has the right to work and he has the duty to work."
As we note in this new constitution, not only is the duty to work spoken of but the right of everyone to work.
As we realize that the article or the benefit to citizens was achieved because the right to work now has constitutional status, the state must guarantee that there is work for all citizens.
As Article 87 of the Bolivarian Constitution of the Republic of Venezuela continues to say.
"The State will guarantee the adoption of the necessary measures so that every person can obtain productive employment, that provides them with a dignified and decent existence and guarantees the full exercise of this right."
As we can see, the state has set almost impossible goals such as guaranteeing the right to employment, and finding employment for all; This would bring the practice of giving work to those who are not needed, in the public administration and that causes us economic problems; due to cost increases.
This article also contemplates the adoption of measures to guarantee those rights to non-dependents, it also establishes the freedom to work.
Constitution of the Bolivarian Republic of Venezuela 1999. Equality of the Sexes
Article 88: The state will guarantee the equality and equity of men and women in the exercise of the Right to work ». The state will recognize household work as an economic activity that creates added value and produces wealth and social welfare. Housewives have the right to social security in accordance with the law.
This article tries to recognize the work carried out by women in the home, giving it importance at the level of constitutional rank and establishing that they have the right to social security.
We can also see how the Constitution of 1961, in Article 61 said:
Article 61: Discrimination based on race, sex, creed or social status will not be allowed.
The identification documents for the acts of civil life will not contain any mention that qualifies the affiliation.
There will be no other official treatment but that of a citizen and you, except diplomatic formulas.
No securities or hereditary distinctions will be recognized.
As we can see, both constitutions were intended to avoid discrimination between different sexes; the previous one was more generic and the one from 1999, has been more specific in equating women, especially those who are housewives, at least managed to incorporate it into the rights to social security.
National Constitution of 1961:
Article 66: Everyone has the right to express their thoughts lively or in writing and to make use of any means of dissemination for this, without prior censorship being established; but expressions that constitute a crime are subject to penalty, in accordance with the law.
Anonymity is not allowed, nor will war propaganda, that which offends public morals or that has the purpose of provoking disobedience of the laws, be allowed, without this being able to limit the analysis or criticism of legal precepts.
Article 67: "Everyone has the right to represent or direct petitions before any entity or public official on matters within their competence and to obtain a timely response."
Article 68: Everyone can use the organs of the administration of justice for the defense of their rights and interests, in the terms and conditions established by law, which will establish norms that ensure the exercise of this right to those who do not have sufficient means. Defense is inviolable right in every state and degree of the process.
As we can see these three articles; they relate to or typify action, they conceptualize action.
Action: It is the faculty or power that people have to access the courts.
Constitution of the Bolivarian Republic of Venezuela, in its Art. 26 says:
Article 26: Everyone has the right of access to the organs of administration of justice to assert their rights and interests, including collective or diffuse ones; to the effective protection of the same and to obtain the corresponding decision promptly.
The State will guarantee a free, accessible, impartial, suitable, transparent, autonomous, independent, responsible, equitable and expeditious justice, without undue delay, without formalities or useless replacements.
The new 1999 constitution adds, New Warranties almost points to perfect justice when it describes everything it will guarantee through this article.
National Constitution, 1961. Right to Assembly
Article 71: “Everyone has the right to meet, publicly or privately, without prior permission, for lawful purposes and without weapons. Meetings in public places will be governed by law. "
It is the same content practically of the article of the Constitution of the Bolivarian Republic of Venezuela of 1999, which says:
Article 53: «Everyone has the right to meet publicly or privately, without prior permission, for lawful purposes and without weapons. Meetings in public places will be governed by law. "
These civil rights appear in the constitutions as an expression of the free society against absolute power and the content is the same in 1961 and 1999, and they are concatenated with articles 68 of 1999 that contain the right to demonstrate.
National Constitution 1961, Promotion of Associations and Cooperatives.
Article 72: The state will protect the associations, corporations, societies and communities that have as their object the best fulfillment of the purposes of the human person and of social coexistence, and will promote the organization of cooperatives and other institutions destined to improve the popular economy.
Constitution of the Bolivarian Republic of Venezuela, 1999.
Article 118. «The right of workers and the community to develop associations of a social and participatory nature, such as cooperatives, savings banks, mutuals and other associative forms, is recognized. These associations may carry out any type of economic activity, in accordance with the law. The law will recognize the specificities of these organizations, especially those related to the cooperative act, associated work and their character that generates collective benefits.
The state will promote and protect these associations aimed at improving the popular and alternative economy.
It is almost the same, the only thing that wanted to be added or highlighted in 1999; to the figure of the worker and highlights the role of the state to promote and protect these associations.
These articles are linked to Article 308 of the Constitution of the Bolivarian Republic of Venezuela of 1999, regarding aid to small and medium-sized Industry-training, which says:
Article 308: The State will protect and promote small and medium-sized industries, cooperatives, savings banks, as well as family businesses, micro-businesses and any other form of community association for work, savings and consumption, under the regime collective property; in order to strengthen the economic development of the country, sustaining it in popular initiative. Training, technical assistance and timely financing will be ensured.
These articles demonstrate the great concern of the constituents of 1999, in that the state helps the small businessman, the family business and the so-called micro-business. But there are many flaws in terms of business training and education, the INCE is not sufficient, it is necessary to create many institutes such as the INCE, or to create schools that depend on technology, which are dedicated only to giving short courses of maximum 90 days, on management training and other issues that the population needs to think about becoming a micro-entrepreneur.
National Constitution, 1961. Protection of Maternity.
Article 74: Maternity will be protected, regardless of the mother's marital status. Necessary measures will be dictated to assure every child, without any discrimination, comprehensive protection, from its conception to its full development, so that it is carried out in favorable material and moral conditions.
Constitution of the Bolivarian Republic of Venezuela, 1999.
Article 76: Maternity and paternity are fully protected, regardless of the marital status of the mother or father. Couples have the right to freely and responsibly decide the number of sons or daughters they wish to conceive and to have the information and means to ensure the exercise of this right. The State will guarantee comprehensive care and protection for maternity, generally from the moment of conception, during pregnancy, childbirth and the puerperium, and will ensure comprehensive family planning services based on ethical and scientific values.
The father and mother have a shared and inalienable duty to raise, train, educate, support and assist their children, and they have the duty to assist them when he or she cannot do it themselves. The law will establish the necessary and adequate measures to guarantee the effectiveness of the maintenance obligation.
National Constitution, 1961. The Right to Work.
Article 84: Everyone has the right to work. The state will ensure that all eligible persons can obtain employment that provides them with a decent and decent subsistence.
Freedom of work shall not be subject to other restrictions than those established by law.
Constitution of the Bolivarian Republic of Venezuela, 1999.
Article 87: Everyone has the right to work and he has the duty to work. The State will guarantee the adoption of the necessary measures so that every person can obtain productive employment, that will provide a decent and decent existence and guarantee the full exercise of this right. It is the aim of the State to promote employment. The law will adopt measures tending to guarantee the exercise of the labor rights of non-dependent workers. Freedom of work will not be subject to other restrictions than those established by law.
Every employer will guarantee their workers safety, hygiene and adequate work environment conditions. The State will adopt measures and create institutions that allow the control and promotion of these conditions.
Garay, J. (2001). Say:
Both the right to work and the duty to work are concepts that cannot be fully satisfied by society or the state, since a certain degree of unemployment and a certain number of people who do not want to work have always existed and no state in the world has had complete success in this field. Eastern socialist countries ended unemployment by putting people where they were not needed. This policy failed for many reasons, among others because it carried the costs excessively. What is an obligation of the state is to promote employment, design the appropriate policies that make people find work.
National Constitution, 1961.
Article 54: "Work is the duty of every person capable of providing it"
Article 85: The work will be object of special protection. The law will provide what is necessary to improve the material, moral and intellectual conditions of workers. The provisions that the law establishes to favor or protect it are inalienable by the worker.
Constitution of the Bolivarian Republic of Venezuela, 1999. Labor Protection.
Article 89: «Work is a social fact and will enjoy the protection of the State. The law will provide what is necessary to improve the material, moral and intellectual conditions of the workers. For the fulfillment of this State obligation, the following principles are established:
1. No law may establish provisions that alter the intangibility and progressiveness of labor rights and benefits. In labor relations, reality prevails over forms or appearances.
2. Labor rights are inalienable. Any action, agreement or covenant that implies a waiver or impairment of these rights is void. The transaction and agreement is only possible at the end of the employment relationship, in accordance with the requirements established by law.
3. When there are doubts about the application or concurrence of various norms, or in the interpretation of a certain norm, the most favorable to the worker will be applied. The adopted standard will be applied in its entirety.
4. Any measure or act of the employer contrary to this constitution is null and does not generate any effect.
5. All types of discrimination are prohibited on the grounds of politics, age, race, sex or creed or for any other condition.
6. It is prohibited the work of adolescents in tasks that may affect integral underdevelopment. The State will protect them against any economic and social exploitation.
This article talks about the progressivity of labor rights, or more time worked the greater the proportion in benefits.
National Constitution, 1961. Working Day
Article 86: «The law will limit the maximum duration of the working day. Except for the exceptions that are foreseen, the normal duration of work shall not exceed eight hours a day or forty-eight a week, and that of night work, where permitted, shall not exceed seven hours a day or forty-two hours. weekly.
All workers will enjoy paid weekly rest and paid vacations in accordance with the law. It will tend to the progressive reduction of the working day, within the social interest and in the scope that is determined, and provisions will be made for the best use of free time.
Constitution of the Bolivarian Republic of Venezuela, 1999.
Article 90: The daytime workday shall not exceed eight hours a day or forty-four hours a week. In cases where the law allows it, the night work day will not exceed seven hours a day or thirty-five a week. No employer may compel workers to work overtime. The progressive reduction of the working day will be aimed at within the social interest and the scope determined and provisions will be made for the best use of free time for the benefit of the physical, spiritual and cultural development of the workers.
Workers have the right to weekly rest and paid vacations under the same conditions as the days actually worked.
Garay, J. (2001). Comment:
What is new in this article is the idea of the progressive reduction of the working day, which is new in the constitution. But if we take into account the number of national and local festivals, apart from bridges and other business days, both during carnivals and Easter, we will conclude that the worker does not work forty-four hours a week or eight hours a day.
Constitution of the Bolivarian Republic of Venezuela, 1999.
Article 91: Every worker has the right to a sufficient salary that allows him to live with dignity and to cover for himself and his family the basic material, social and intellectual needs. The payment of equal wages for equal work will be guaranteed and the participation that must correspond to the workers for the benefit of the company will be established. The salary is unattachable and will be paid periodically and opportunely in legal tender, with the exception of the maintenance obligation, in accordance with the law.
This article repeats norms that are already in the Labor Legislation except when it says: That the salary is unattachable. The Labor Law has a scale on garnishment of wages, which begins at the Minimum Wage, which is unattachable; It has the disadvantage that whoever earns a very high salary cannot mention it as a reference when they go to buy something on credit, because if it is unattachable, it does not serve as a guarantee of the person.
The adjustment of the salary every year, must take into account the basic basket; the annual increase in wages would be highly inflationary.
The Constitution owes the Law the provision of means conducive to obtaining a sufficient salary.
Article 93: «The law will guarantee stability at work and will provide what is necessary to limit any form of unjustified dismissal. Dismissals contrary to this Constitution are null ”.
According to Garay, J. (2001), this article does not prohibit unfair dismissal, but it does order the Law to limit it.
It is difficult to predict how the law can limit dismissals outside the cases contemplated in the Labor Legislation, since it already has enough limitations. Not being able to freely a worker has an advantage: The worker will enjoy stability and a disadvantage: It will cost him more to find a job. The negative result is for the worker.
In the National Constitution of 1961, in its Art. 84, it establishes these same principles on stability.
Article 84: Everyone has the right to work. The State will endeavor to ensure that all suitable persons can obtain employment that provides them with a decent and decent subsistence.
Freedom of work shall not be subject to other restrictions than those established by law.
Article 88: The law will adopt measures tending to guarantee job stability and will establish benefits that reward the worker's seniority in the service and protect him in the event of unemployment.
Article 122: The law will establish the administrative career through the rules of entry, promotion, transfer, suspension, retirement of the employees of the National Public Administration, and will provide for their incorporation into the social security system.
Public employees are at the service of the State and not of any political bias.
Every public official or employee is obliged to comply with the requirements established by law for the exercise of his office.
As we see this article contains the principle of stability for public officials.
Article 207: The law will provide what is conducive to the establishment of the judicial career and to ensure the suitability, stability and independence of the judges, and will establish the rules regarding the jurisdiction, organization and operation of the Courts insofar as this is not provided for in this Constitution.
It contained job stability for judges.
Article 208: »Judges may not be removed or suspended in the exercise of their functions except in cases and through the procedure determined by law».
As I know how to observe our legislators of the Constitution of 1961, they collected the essence of job stability, whether absolute, temporary or relative, guaranteeing the right to officials, employees and workers, to enjoy stability at work, without distinguishing in in any way their personal conditions, the activity they carry out or the work area where they operate.
It can be seen, when comparing the content of both constitutions on job stability that of 1961, it had five articles to contain this topic. While the Bolivarian contemplates a single Article (93), but it is more generic when it says: "Dismissals contrary to this Constitution are null" and refers us to the special law, that is, to the Labor Law.
Constitution of the Bolivarian Republic of Venezuela, 1999.
Article 92: All workers have the right to social benefits that reward seniority in service and protect them in the event of unemployment. The salary and social benefits are immediately receivable labor credits. Any delay in its payment generates interest, which constitutes value debts and will enjoy the same privileges and guarantees as the main debt.
According to Garay J. (2001). This article again establishes the old benefits and severance pay that were in force in previous labor laws. When these benefits were enacted, there were no social security old-age pensions, not the forced unemployment benefit. These benefits, especially that of forced unemployment is what corresponded before to the unemployment benefit.
In Venezuela, you can see how employers and workers are discounted an amount for Social Security and it does not work, nor does it comply.
This article has to do with the fourth transitional provision, in its number 3, says: that the payment of social benefits will be proportional to the time of service and calculated in accordance with the last salary earned.
The final part of this article includes the interests of the benefits, which were not expressly included in the protection of labor credits of Article 158 of the Organic Labor Law.
This fourth provision of the Constitution of the Bolivarian Republic of Venezuela; establishes: that within the first year, which the constitution enters into force, the Organic Worker Law must be amended, a new regime for the right to social benefits, which will integrate the payment of this right in proportion to the length of service and calculated in accordance with the last salary accrued, establishing a period for its prescription of ten years.
Likewise, it will contemplate a set of integral norms that regulate the working day and tend to its progressive decrease, in the terms foreseen in the agreements and conventions of the International Labor Organization, signed by Venezuela.
And in Ordinal 4, it establishes that it has to approve an Organic Labor Law that guarantees the operation of an autonomous and specialized labor jurisdiction, and the protection of work or worker in the terms provided in this Constitution and the laws. The Organic Labor Procedural Law will be guided by the principles of gratuitousness, speed, orality, immediacy, priority of the reality of the facts, equity and stewardship of the Judge in the process.
We can observe that our labor process is characterized by being a process, excessively written, slow, heavy, formalist, mediate, onerous and not at all obsequious to justice. Indeed, labor justice in Venezuela has been completely dehumanized, turning the administration of labor justice into a huge and heavy bureaucratic structure, which, instead of contributing to maintaining social harmony and the common good, has become a instrument of social conflict.
The draft of the Organic Labor Procedure Law is a response to the urgent and necessary transformation of the administration of justice in Venezuela, and in particular of labor justice, which must have as its north the highest mission of protecting social work, a fundamental instrument of national development and is inspired by the principles established in the Constitution of the Bolivarian Republic of Venezuela.
Article 257: The constituent process a fundamental instrument for the realization of justice. The procedural laws will establish the simplification, uniformity and efficiency of the procedures and will adopt a brief, oral, and public procedure. Justice will not be sacrificed for the omission of non-essential formalities.
The fundamental principles that guide the draft of the Organic Labor Procedural Law are:
1. The autonomy and specialty of labor jurisdiction.
2. Free.
3. Orality.
4. Immediation.
5. Concentration.
6. Advertising.
7. Abbreviation.
8. Rectory of the Judge.
9. Priority to the reality of the facts.
10. Sana criticizes.
11. Procedural uniformity.
Article 94: The law will determine the responsibility that corresponds to the natural or legal person for whose benefit the service is provided through an intermediary and contractor, without prejudice to their joint and several liability. The State will establish, through the competent body, the responsibility that corresponds to employers in general, in the event of simulation or fraud, with the purpose of distorting, ignoring or hindering the application of labor legislation.
National Constitution, 1961
Article 89: "The law shall determine the responsibility incumbent on the natural or legal person on whose behalf the service is provided through an intermediary or contractor, without prejudice to their joint and several liability"
As we can see, both constituents agreed in solidarity on employer responsibility for intermediaries.
All these concepts of intermediary, contractor, inherent and connectedness are contained in the Organic Labor Law (LOT), in Articles 49, 54, 55, 56 and 57.
These regulations in both constitutions determine responsibilities in which the natural or legal persons for whose benefit the service is intended by the worker, either through an intermediary or a contractor, establish the responsibility of these two labor figures that so much use have had in the oil industry.
Constitution of the Bolivarian Republic of Venezuela, 1999.
Article 95: The workers, without any distinction and without the need for prior authorization, have the right to freely form the union organizations they deem appropriate for the best defense of their rights and interests, as well as to join or not join them. in accordance with the law. These organizations are not subject to administrative intervention, suspension or dissolution. Workers are protected against any act of discrimination or interference contrary to the exercise of this right. The promoters, promoters and members of the directives of the trade union organizations shall enjoy labor immobility during the time and under the conditions that are required for the exercise of their functions.
For the exercise of union democracy, the statutes and regulations of trade union organizations shall establish the alternation of the members of the boards and representatives through universal, direct and secret suffrage. The members of the union officers and representatives who abuse the benefits derived from freedom of association for their profit or personal interest, will be punished in accordance with the law. The members of the directives of the union organizations will be obliged to make a sworn declaration of assets.
This article contains the freedom of association, the autonomy of unions, union delegates, union elections, and that the obligation of the members of the directives, of the union organizations to represent the sworn declaration of assets.
According to Garay, J. (2001), «establishes: that this article, the right already established in the labor law of being able to belong to unions and specifies the right not to join them, that is, that the worker is free to join or not to a union, it forces democracy within unions, and the novelty is that it instructs managers to make the declaration of assets, equating them to public officials according to the Law on Safeguarding Public Heritage ».
National Constitution, 1961:
Article 90: The law will favor the development of collective labor relations and will establish the appropriate order for collective negotiations and for the peaceful resolution of conflicts. The collective agreement will be protected, and in it the union-clause can be established, within the conditions that are legally established.
Article 91: The unions of workers and those of employers shall not be subject to other requirements, for their existence and operation, than those established by law in order to ensure the best performance of their own functions and guarantee the rights of their members. The law will specifically protect promoters and executive members of workers' unions in their employment during the time and under the conditions required to ensure freedom of association.
This Article 91 of the National Constitution of 1961 is dedicated, exclusively to what the Constituent Sainz, C. (1999), calls the union right that it involves, the guarantee that the employers and workers can when they consider it convenient to constitute their own independent, autonomous trade union organizations that defend the interests of each of these social partners; and it is strengthened, guaranteed by the concept of freedom of association which, together with the conventions of the International Workers Organization (ILO), especially 87 and 98, are guarantors of this right, which is nothing more than the preservation of trade union organizations of these two social partners of such importance, especially the workers.
The current Organic Labor Law expanded the provisions that enshrine freedom of association, and at the same time tries to protect the rights of the members of these organizations against possible abuses; in view of the resignation of the business sector to organize trade unions: to give the chambers of commerce and production the character of employer unions when they so desire and register in the corresponding registry kept by the labor authorities.
The union organization is a basic institution of Labor Law.
Constitution of the Bolivarian Republic of Venezuela, 1999.
Article 96: All workers in the public and private sectors have the right to voluntary collective bargaining and to enter into collective labor agreements, with no other requirements than those established by law. The State will guarantee its development and establish what is conducive to favor collective relations and the solution of labor conflicts. The collective talks will cover all active and active workers at the time of their subscription and those who subsequently enter.
This article establishes the right to collective bargaining, a right that is already established, firstly in the Labor Legislation.
The constitution of 1947 established the collective labor contract, including in it the union clause (which refers to those that can be agreed that in the event that the employer engages workers, they have to ask the union (the Organic Law of the Worker - current establishes maximum 75%).
It established as a mechanism for the solution of collective conflicts the conciliation that was the means to solve a conflict between employers and workers.
National Constitution, 1961.
Article 109: The law will regulate the integration, organization and attributions of the advisory bodies that are deemed necessary to hear the opinion of the private economic sectors, the consuming population, trade union organizations of workers, professional associations and universities, in matters of interest to economic life.
Constitution of the Bolivarian Republic of Venezuela, 1999.
Article 97: "All workers in the public and private sectors have the right to strike, under the conditions established by law."
This article contains the right to strike in both the private and public sectors, within the limitations established by law.
In the Constitution of 1947. The right to strike was granted, except that the public services determined by law were excluded.
According to Espinoza, A. (2000). "The right to strike is the highest achievement of the working class in labor, because it fulfills two essential functions. First, it reinforces the fundamental ideal of collective labor law in the sense of contributing the autonomous instrument of leveling of the contractual capacity of the factors of the employment relationship and secondly because it comes to be the guarantee, in one's own hands of the workers of the real effective existence, of the other labor rights ».
Espinoza, A. (Op. Cit.)
3. Concept of Strike
The concerted and collective stoppage of a peaceful nature, made by certain workers of a company, a branch of activity or a branch of economic, industrial or commercial activity at the local, regional or national level to induce the employer to negotiate a collective agreement; respect the benefits in a current or that prevents both the employer or the state from taking or not taking an attitude, for the benefit of the working conditions that lead to ultimately obtaining decent and decent conditions within the framework of the principles of social justice.
National Constitution, 1961:
Article 92: «Workers have the right to strike, within the conditions established by law. In public services this right will be exercised in the cases that it determines ».
According to: Brewer, A. (1999), considers that in this matter a distinction should also be established between the public sector and the private sector and in general, with respect to the strike in public services as established in Article 92 of the Constitution. from 1961.
4. Conclusion
At the end of this work, we observe how the constitutional text is characterized by its frank inclination to confer on the State domain the most crucial decisions regarding private property, economic freedoms, the arbitration of acts related to the exercise of trade. and to the definition of the exclusive matters to each one of the sectors of the economic society. The State projects itself as irreplaceable, as an empire, as an overwhelming representative of the interests of society.
The Constitution tries to ensure social justice for all citizens, guaranteeing a decent existence, this being the guiding principle that governs the constitutional objective of 1961 and 1999.
We see how social and economic principles go hand in hand in both constitutions.
We are frustrated to see how the constitutional purposes that guide growth accompanied by equality in income distribution are frustrated and we see how dazzling the inability of the Democratic State to effectively manage the immense resources it perceives. A gigantic bureaucracy, protected by the political creed that undermines the conception of the government and the State.
We observe that there are great similarities between the objectives of one and another constitution, what was achieved in La Bolivariana is to be more orderly and which has given constitutional rank to issues that previously existed in special laws, such is the conglomerate of the 10 Articles La Bolivariana has from Articles 87 to 97.
Glossary
Constitution:
They are norms or laws that determine the form of government, the rights and duties of the government before the citizens and vice versa.
It is the set of fundamental rules that organize political society, establishing authority and guaranteeing freedom; it is the great law of the nation.
Every State has a Constitution, in the broad sense of this word; that is, as a set of laws that regulate their life and action. Strictly speaking, the Constitution requires the special rule, voted by the nation, and applied on a regular basis, mainly in the set of rights and duties established in a general and particular way for each citizen.
The constitution is the supreme law of the land, and superior to all the active powers of the society, which must respect it as the only title, by virtue of which they exercise their functions.
5. Bibliography
NATIONAL ASSEMBLY PERMANENT COMMISSION FOR INTEGRAL SOCIAL DEVELOPMENT. 2001. Draft Law
Organic Labor Procedure. National Printing.
BREWER, Allan, 2000. The 1999 Constitution. Editorial Jurídica de Venezuela. Caracas Venezuela.
CONSTITUTION OF THE BOLIVARIAN REPUBLIC OF VENEZUELA. Official Gazette Number 36,860. Caracas, Thursday December 30, 1999. Editores - Distribuidores Distribuidora Escolar, SA
CONSTITUTION OF THE REPUBLIC OF VENEZUELA AND TRANSITIONAL PROVISIONS. Official Gazette No. 662. Extraordinary of January 23, 1961. Editorial Romor, CA
ESPINOZA, Antonio. 2000. Labor Law. "Experience of Stability at Work". Buchivacoa Editorial. Caracas Venezuela.
GARAY, Juan. 2001. The New Constitution. Caracas Venezuela.
GUZMÁN, Rafael. 2000. New Didactics of the Right to Work Adapted to the 1999 Constitution and the Organic Labor Law. Melvín Publishing House. Caracas.
HERNÁNDEZ. Oscar, GOIZUETA, Napoleón and JAIME, Héctor. 2000. Venezuelan Labor Legislation. Buchivacoa Publishing House, Caracas - Venezuela.
SAINZ, Carlos, 1999. The Rights of Workers and the Constituent. Caracas.
VILLASMIL, Fernando. 1991. Comments on the Organic Labor Law. Editorial Roberto Borrero. Volume 1
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