COVID-19 Venezuela: Employment Labor Sector Q&A

Our Labor Law specialist, Damirca Prieto answers questions on the effect or COVID-19 in the Venezuelan labor sector.

On March 15, 2020, the National Executive informed of 17 cases of infections with Coronavirus COVID-19 in Venezuela. In order to prevent massive contagion, it declared Social Preventive Quarantine for 7 states: Caracas, Miranda, La Guaira, Apure, Zulia, Cojedes and Táchira; clarifying that, "this is not collective holidays". It indicated that all work activities are suspended until further notice, except those related to health, services and food areas (the Exempted Areas). In view of said statement and the concerns that may arise in the labor sector, we have taken the initiative to prepare this frequent questions and answers, to clarify certain general doubts during this situation of National Alarm.

1. What is an occupational disease?

   According to article 70 of the Law for Prevention, Conditions and Work Environment (LOPCYMAT for its acronym in Spanish):

   "Occupational disease is understood as the pathological state contracted or aggravated on occasion of work, or exposure to the environment in which the worker is obligated to work in, such as those attributable to the action of physical and mechanical agents, uncomfortableness, meteorological conditions, chemical and biological agents, psychosocial and emotional factors, which are manifested by an organic injury, enzymatic or biochemical disorders, functional disorders or mental imbalance, whether temporary or permanent. (...) "

   Based on the above definition, we suggest taking the immediate appropriate measures in the workplace to prevent COVID-19 from becoming an occupational disease.

2. Does the employer/company have to inform its employees about the measures of protection against Coronavirus?

   The employer is obligated to inform and implement protection measures for the employee, to prevent or minimize the risks of contagion and thus prevent it from becoming an occupational disease.

   In case of violation by the employer of the legal regulations on Occupational Health and Safety, it could be subject to the payment of the compensation established in article 130 LOPCYMAT.

3. What measures should the employers in the Exempted Areas take?

   Given that the Exempted Areas are health, food and services, these must immediately adopt preventive measures of collective or individual nature, depending on the activity carried out by each company. Among the general measures to be taken are:

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