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DECISION ISSUED BY THE SUPREME COURT OF JUSTICE THAT ESTABLISHES THAT THE FIXED PORTION OF VARIABLE WAGE MUST BE EQUAL TO THE MINIMUM WAGE DECLARED BY THE GOVERNMENT

Dear clients and friends, on October 23, 2012, the Social Chamber of the Supreme Court of Justice, in a decision held by the Magistrate Juan Rafael Perdomo, clarified that in those cases where the worker earned a variable wage, ie, a salary composed of a fixed part and a variable.

In this specific case, the defendant admitted that the fixed portion of the salary was always below the minimum wage declared by the Government. In the oportunity to rule on the appeal, the Magistrate quoted the legal criteria of the Social Chamber, established in Decision No. 1.438, issued on October 1, 2009, that in those cases of variable income, the fixed part can not be less than the minimum wage declared by the Government, wich makes it clear that the defendant breached the duty to comply with the payment of the minimum wage, therefore the claim was decided in favor of the plaintiff and proceeded to recalculate the labor conceptos generated by the plaintiff in the course of the employment.


You can access the full content of the judgement in the following link:


http://www.tsj.gov.ve/decisiones/scs/Octubre/1154-231012-2012-11-1031.html