A ruling from the TSJ states that although companies pay bonuses regularly, they only “have a social and non-remunerative nature”, which prevents their integration into the salary.
The Social Cassation Chamber of the Supreme Court of Justice (TSJ) ruled through the sentence No. 523on November 13 of this year, and clarified that the bonuses in foreign currency that companies grant to their employees are not part of the salary.
The court explained that these remunerations in currencies other than the bolivar do not constitute part of the salary for the purposes of calculating benefits, profits, vacations and other labor obligations that derive from the employment relationship.
The ruling states that, although the bonuses are paid regularly “they have a social and non-remunerative character”, which prevents their integration into the salary, in accordance with the interpretative criteria of the Organic Law of Labor, workers.
The TSJ’s ruling arose after a worker claimed the salary nature of the food bonus, better known as Cestaticket, which was paid to him as complementary and in foreign currency. However, and according to the details of the highest court, it is not limited only to the food bonus, but is a pronouncement that extends in general terms with respect to all payments that employers make in foreign currency.
With this ruling it is understood that companies can continue granting bonuses in foreign currency without these directly affecting the calculation of labor benefits, as long as their nature is not salary.
*Journalism in Venezuela is carried out in a hostile environment for the press with dozens of legal instruments in place to punish the word, especially the laws “against hate”, “against fascism” and “against the blockade.” This content was written taking into consideration the threats and limits that, consequently, have been imposed on the dissemination of information from within the country.
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