Abstract

MADRIZ ANAYA, Raiza Mercedes. Ámbito de aplicación en el tiempo de la Legislación Laboral Venezolana . Gaceta Laboral [online]. 2005, vol.11, n.2, pp.186-207. ISSN 1315-8597.

Laws enter into force on a determined date and disappear on another certain date, and situations can occur in which the effects they produce are prolonged over time. This problem is called “Retroactivity of Laws”. The dynamic nature of labor law, reflected in the continual modifition of the rules applied to every work relationship, the interpretation concerning the determination of the temporary effectiveness of the rules. This is considered the most difficult aspect of the General Theory of the temporary Legal Effect of the Law. The principle of non-retroactivity of the laws is established in Article 24 of the National Constitution of Venezuela, which predicates the non-applicability of laws retroactively, save the exceptions established in criminal matters. Because they are of interest to public order, labor rules are immediately applicable, and they are in force both for work relationship that are establish after they take legal effect, as well as for the legal consequences originated afterwards. In collective or individual labor contracts, the retroactivity of certain clauses prior to a new labor provided they are more favorable to the workers and based on constitutional and labor principles. 

Keywords : Retroactivity; non-retroactivity; effectiveness; temporary legal effect.