The SCC-SCJ, by Decision Nº 733 issued on July 4, 2012 (María Daniela Rivas Páez v. Diemo, C.A.), ruled that the indemnity for damages, when the employer unjustifiably dismisses the worker or the latter justifiably retires, in both instances before completing a work, must be calculated on the basis of the total salary.  This is because when the Organic Labor Law of 1997 uses the term “salary” when referring to the salary basis for calculating labor items, this pertains to the total salary and not to the normal salary.