Working Hours Regime in Venezuela: Legal Analysis of the Organic Labor Law (LOTTT), Schedules, Limits, and Supreme Tribunal of Justice Case Law

Within the framework of Venezuelan Labor Law, working hours constitute an essential element of the employment relationship, as they define the period during which the employee is legally under the employer’s subordination and obligated to render services in accordance with statutory provisions.

Proper understanding of working hours is of particular importance both for adequate business organization and for safeguarding the fundamental rights of workers, in accordance with the principles of social justice and balance that inspire the Organic Labor Law for Workers (LOTTT).

Below is an analysis of the different types of working hours established under Venezuelan law, the legal regime applicable to overtime work, and the regulation of continuous or special schedules, in accordance with current legislation, labor law doctrine, and the case law issued by the Supreme Tribunal of Justice (TSJ).

Working Hours in Venezuelan Legislation

Working hours represent the period during which an employee remains at the employer’s disposal for the performance of the functions, duties, and responsibilities inherent to their position or job title. This concept finds its legal basis in Article 167 of the Organic Labor Law for Workers (LOTTT), which establishes that every person subject to an employment relationship has the right to a work schedule that respects the legal limits regarding time, rest periods, and compensation.

The study of working hours allows the identification of ordinary, daytime, nighttime, and mixed schedules, as well as special regimes established for certain activities which, due to their nature or public interest, require differentiated treatment.

Daytime Working Hours

The daytime work schedule in Venezuela constitutes the most common type of working arrangement within labor relationships regulated by the Organic Labor Law for Workers (LOTTT). According to the provisions established by the legislature, this schedule covers the period between five o’clock in the morning (5:00 a.m.) and seven o’clock in the evening (7:00 p.m.), during which the employee remains at the employer’s disposal for the execution of ordinary duties. This period coincides with the country’s peak economic and social activity, which explains why it represents the most widely used scheme by both public and private sector employers.

Maximum Duration and Constitutional Basis

Pursuant to Article 173 of the LOTTT, daytime working hours may not exceed eight (8) hours per day or forty (40) hours per week. This limitation finds its constitutional support in Article 90 of the Constitution of the Bolivarian Republic of Venezuela, which imposes upon the State the obligation to guarantee the progressive reduction of working hours as a measure of comprehensive protection of the physical, mental, and social well-being of workers.

This regulatory framework reaffirms the principle of the humanization of work, aimed at preserving workers’ health, safety, and rest as non-waivable labor rights.

Rest and Meal Periods During the Daytime Schedule

Article 168 of the LOTTT establishes that workers must enjoy a rest or meal period of no less than one (1) hour during their daily working schedule, and that they may not work more than five (5) continuous hours without such a break. This rest period does not form part of the effective working time, except in cases where the employee remains at the employer’s disposal during such period, in accordance with interpretative criteria established by Venezuelan labor case law.

Applicable Compensation: Ordinary Salary

Regarding compensation, work performed during daytime hours is paid according to the salary agreed upon by the parties, without additional surcharges. Article 114 of the LOTTT provides this by defining normal salary as the regular remuneration received by the employee for the ordinary provision of services. Only in cases where duly verified overtime is performed will the legal surcharges established for such situations apply.

Jurisprudential Interpretation of Effective Working Time

The Social Chamber of the Supreme Tribunal of Justice, in a decision dated November 9, 2016 (case Arialdo José Cordero vs. restaurant “Flor de España, C.A.”), clarified the scope of the calculation of effective working time within the daytime schedule. In that ruling, the Chamber determined that the claimant’s working hours did not exceed eight hours per day and that the time allocated for rest should not be computed as part of the working day, since it was not proven that the employee remained at the employer’s disposal during that period.

This decision reiterates the strict application of Article 169 of the LOTTT, consolidating the criterion according to which rest periods do not constitute effective working time unless proven otherwise. In this way, the legal limits of daytime working hours and their corresponding compensation are maintained, without additional surcharges outside the situations expressly provided by law, as stated in the decision:

“Now then, it is verified that the Superior Judge, upon examining Article (...) now 169 of the Organic Labor Law for Workers, analyzed the facts and determined that it was not applicable, since the meal period could not be attributed to the working day, given that the worker temporarily ceased his duties (in this case) while eating; another coworker remained in charge of the service bar and waitstaff; and based on general experience, since another employee held the same position and it is commonly known that a bartender could not eat while providing service, the claim was not admissible; (...) therefore, this fourth claim is dismissed.”

Nighttime Working Hours

Nighttime working hours in Venezuela are regulated by the LOTTT and include the work period between seven o’clock in the evening (7:00 p.m.) and five o’clock in the morning (5:00 a.m.). This modality applies to work which, due to its nature or operational service requirements, must be performed during nighttime hours.

From a legal standpoint, nighttime work constitutes a special form of labor performance requiring greater physical effort and generating additional strain on the worker. For this reason, the law establishes stricter limits and higher economic compensation compared to daytime schedules.

Maximum Duration and Legal Basis

In accordance with the limits established in Article 173 of the LOTTT, nighttime working hours may not exceed seven (7) hours per day or thirty-five (35) hours per week. This reduction responds to the principle of worker protection against the less favorable conditions of nighttime work, consistent with the constitutional mandate to preserve health, rest, and workplace safety.

In practice, this modality is frequently applied in essential sectors such as private security, healthcare services, transportation, continuous public services, and manufacturing, where the nature of the activity requires permanent operation.

Compensation and Legal Surcharge for Night Work

Article 118 of the LOTTT expressly provides that “night work shall be remunerated with a surcharge of no less than thirty percent (30%) over the salary corresponding to daytime work.” This 30% surcharge constitutes compensation for the more demanding conditions and the greater physical and psychological strain inherent to nighttime work.

Therefore, hours worked during nighttime schedules must be calculated based on the employee’s normal salary, applying the percentage increase established by law, without prejudice to additional rights arising from overtime work.

Legal Limits and Jurisprudential Criteria Regarding Overtime

Venezuelan case law has consistently established that nighttime working hours may not be extended beyond the legal limits provided in the LOTTT. In this regard, the Social Chamber of the Supreme Tribunal of Justice, in a decision dated May 18, 2018 (case Eoclide Ramón Morillo Osuna vs. C.A. Cervecería Regional), determined that companies, even those claiming to operate under continuous schedules, must respect ordinary working hour limits.

After verifying that the employee worked eight (8) hours during nighttime schedules, the Chamber concluded that such excess must be classified as overtime, stating:

“It is clear to this Chamber that we are not in the presence of a company subject to continuous schedules (...) consequently, since the company does not fall under the category of enterprises with uninterrupted operations, it is evident that the shifts worked under the ‘afternoon’ and ‘dawn’ or ‘mixed’ and ‘night’ schedules generated overtime by exceeding legal and contractual limits. This is hereby established.”

This ruling reaffirms the employer’s obligation to observe the daily and weekly caps established by law, even in activities requiring extended or continuous nighttime shifts.

Treatment of Mixed Schedules with a Night Component

Article 173 of the LOTTT provides that when a mixed work schedule includes a nighttime period exceeding four (4) hours, it must be considered entirely as a nighttime schedule. Consequently, if the time worked after 7:00 p.m. does not exceed four hours, the worker is only entitled to the thirty percent (30%) surcharge on the hours effectively worked during that period.

This criterion was reaffirmed by the Social Chamber of the Supreme Tribunal of Justice in its decision dated October 17, 2017 (case Herminio Jesús Aldana Salas vs. Fuente de Soda Restaurant Bar La Salamandra, S.R.L.), where it was established that:

“...The claimant’s schedule constituted a mixed working day (...) since in no case did the nighttime period exceed four (4) hours. Based on the foregoing, the claimed night bonus is admissible (...) only with respect to those hours worked after 7:00 p.m., generating a thirty percent (30%) surcharge on the salary earned during daytime hours.”

This decision consolidates the judicial interpretation regarding the scope of the nighttime surcharge, clearly differentiating between mixed and fully nighttime schedules, in harmonious application of the LOTTT and the doctrine of the Social Chamber.

Mixed Working Hours

The mixed work schedule in Venezuela constitutes an intermediate modality combining daytime and nighttime work periods, adapting the employer’s operational needs to the worker’s labor protection guarantees. Its regulation is expressly provided in Article 173 of the Organic Labor Law for Workers (LOTTT), which establishes the limits and conditions applicable to this form of service provision.

Maximum Duration and Applicable Legal Regime

In accordance with Article 173 of the LOTTT, mixed working hours may not exceed seven and a half (7½) hours per day or thirty-seven and a half (37½) hours per week. However, when the nighttime period exceeds four (4) hours, the workday must be considered entirely nighttime, generating the legal and compensation effects corresponding to that modality.

This limitation is based on the principle of protecting workers’ health and safety, recognized in the Constitution of the Bolivarian Republic of Venezuela and developed by the LOTTT, which seeks to balance productive demands with the right to rest, physical recovery, and a healthy working environment.

Practical Application and Common Labor Sectors

In practice, mixed schedules are frequently applied in industrial sectors, manufacturing, continuous services, transportation, telecommunications, and energy, where uninterrupted operations are essential to maintain production processes or the provision of essential services.

This modality allows shift rotation without violating the maximum working limits established by law, ensuring equitable distribution of working hours and compliance with the minimum rest and meal periods provided in Article 168 of the LOTTT.

Salary Regime and Night Work Surcharge

Regarding labor compensation, the provisions of Article 118 of the LOTTT governing the nighttime surcharge apply. When a mixed schedule includes more than four (4) hours during nighttime, the worker is entitled to receive the thirty percent (30%) surcharge established for nighttime work, applicable to the entire working day.
Conversely, if the nighttime period does not exceed four hours, the surcharge will be calculated only on the hours effectively worked after seven o’clock in the evening (7:00 p.m.), in accordance with the principle of proportionality established in Venezuelan labor legislation and developed by the case law of the Social Chamber of the Supreme Tribunal of Justice.

This differentiated treatment ensures a balance between economic compensation and the protection of workers’ health, recognizing the additional effort involved in performing duties during nighttime hours.
Final Considerations

In summary, the proper management of working hours in Venezuela—whether daytime, nighttime, or mixed—requires a precise interpretation of the Organic Labor Law for Workers (LOTTT) and the case law established by the Supreme Tribunal of Justice, in order to avoid violations, claims, or sanctions arising from incorrect application of labor regulations.

In this context, having the professional advice of a Venezuelan labor attorney becomes essential to ensure legal compliance, optimize personnel management, and prevent legal risks. Our team offers specialized legal services in Venezuelan labor law, focused on the defense, consulting, and regularization of employment relationships in accordance with the LOTTT and the principles of social justice and legal certainty.