The SCC-SCJ, by Decision Nº 486 issued on May 23, 2012, deemed that a productivity bonus could not be deemed variable salary and did not therefore generate the additional payment for rest days and holidays, according to Article 216 of the Organic Labor Law that was in force prior to May 7, 2012.
The superior labor court only examined two payment receipts pertaining to the productivity bonus and determined that the bonus is sole, special and final. The court also examined the work certificate issued by the Venezuelan Social Security Institute and noted that the document showed that the plaintiff earned a fixed salary, reinforcing the final nature of the productivity bonus.
