The ship´'s captain as a managerial employee: with special focus on the venezuelan law

Abstract

The identification of a vessel´s captain as a managerial employee is usually a matter for doctrine and jurisprudence, the statute law rarely takes the trouble to clarify it. Venezuelan law does not expressly recognize the captain as a managerial employee, however, case law has dealt with several cases and has advanced interesting motivations and conclusions. Although at first sight its inclusion within the category of managerial employee seems to be an obvious conclusion, the application of the primacy of reality and the variations that the jurisprudence has shown trying to draw the boundaries of the managerial employee provides elements of uncertainty that give us the opportunity to analyse it.