Last February was an extremely dynamic month in terms of labour legislation in Angola, with three important pieces of legislation published in the context of the ongoing labour reform, initiated with the publication of the new General Labour Law ("LGT") at the end of 2023.
Legislation published within the context of the ongoing labour reform in Angola
Legal framework for the exercise of professional activity by non-resident foreign workers
Presidential Decree no. 49/25, of 18 February
I. Scope
This decree applies to employment contracts entered into
under the LGT between, on the one hand, non-resident foreign
workers (the so-called "expatriates") and, on the other
hand, individuals, public, private or mixed companies,
cooperatives, social organisations, international organisations and
diplomatic and consular representations, whether under the form of
services provision, technical assistance or other arrangements.
II. Hiring requirements
The most significant change introduced with regard to the
requirements for hiring a non-resident foreign citizen is the
express mention that, for the purposes of concluding an employment
contract, the foreign worker must hold a work visa, valid for the
duration of the contract.
III. Percentage of foreign labour hired
The hiring of expatriate workers by employers covered by this
decree remains limited to 30%, and the remaining 70% of the
workforce must be filled by nationals, i.e. Angolan workers and
resident foreign workers.
IV. Duration of the contract
Employment contracts with non-resident foreigners must be concluded
for a fixed period, with the parties deciding on the duration of
the contract, subject to a maximum of two renewals.
V. Obligation to register the contract
Under the terms of this decree, it is the employer's
responsibility to request the registration of the employment
contract, as well as any possible renewals and additions, from the
Employment Centre located in the employer's area, attaching a
copy of the passport, including the work visa page, and the
occupational qualifier. Registration must take place within 30 days
of starting the work activity.
A registration fee of 5% of the monthly salary stated in the
contract is due for each contract or amendment registration. The
payment shall be made to the Single Treasury Account using a Unique
State Payment Reference.
After the registration of the contract, the Employment Centre shall file it and send a copy to the employer with annotations and a registration number, while another copy is sent to the Migration and Foreigners Service.
For the first time, it is mandatory to register employment contracts for workers with temporary residence visas who are entitled to engage in paid work.
VI. Formality of return to country of origin recognised
by a Notary
This decree stipulates the obligation for the employment contract
to include the commitment of the non-resident foreign worker to
return to their country of origin after the termination of the
contractual relationship, requiring the notarial recognition of
this commitment.
VII. Modification and termination of the
contract
The transfer of the expatriate to a different area within the
company, as well as to another company within the same group, is
allowed.
Whenever the employment contract is terminated or for some reason
the term is anticipated, the employer must inform the Employment
Centre in the area where the company is located, as well as the
Migration and Foreigners Service, in writing, about the
cancellation of the registration.
VIII. Sanctions
Violation of any rule of this statute constitutes an administrative
offense and is punishable under the terms of Presidential Decree
no. 50/25, of 19 February, which approved the Labour Offenses
Regime.
IX. Entry into force and repeal
This decree came into force on 18 February this year and repealed
Presidential Decree 43/17, of 6 March, and Presidential Decree
79/17, of 24 April, as well all other legislation that contradicts
the decree's provisions.
Legal framework for labour offenses
Presidential Decree no. 50/25, of 19 February, as amended by Rectification no. 8/25, of 21 April
I. Scope
This decree applies to all natural and legal persons covered by the
LGT and complementary legislation that are subject to the action of
the General Labour Inspectorate ("IGT").
II. Typification and classification of
offenses
This new regime of labour administrative offenses typifies and
classifies the administrative offenses corresponding to the
violation of rules enshrining labour rights and imposing duties.
Taking into account the importance of the interests violated,
labour offenses are classified as minor, serious and very serious
offenses.
III. Criteria for determining fines
The decree in question establishes the criteria for determining
fines, which, in addition to complying with the General Regime of
Administrative Offenses, vary according to the type of
administrative offense (minor, serious or very serious), the degree
of guilt (negligence or wilful misconduct), the degree of
non-compliance with IGT recommendations, the type of fraudulent
measure used by the agent (coercion, forgery, simulation or other),
and may also consider other special criteria. The decree also
includes specific rules for cases of the accumulation of
administrative offenses and for recidivism.
IV. Accessory sanctions
Accessory sanctions may be applied in the case of very serious
administrative offenses or recidivism in serious offenses committed
with intent or gross negligence.
V. Misdemeanour procedure
This statute establishes the entire administrative offense
procedure, including inspection procedures by the IGT and the
instruction of the procedure from the notice to the decision to
impose the fine.
VI. Entry into force and repeal
This decree came into force on 19 February of this year and
repealed Presidential Decree 154/16, of 5 August, as well all other
legislation that contradicts the decree's provisions.
Legal framework for temporary work contract and the activity of temporary assignment of workers and their contractual relations
Presidential Decree no. 51/25, of 19 February
I. Scope
This decree applies to temporary work agencies, to the activity of
temporary assignment of workers and their respective contractual
relationships.
II. Granting an activity license
This decree regulates the granting of a license for the temporary
assignment of workers, including the requirements for issuing the
license, the procedure for applying for the license, the duration
of the license, the procedure for monitoring the assignment
activity and the conditions for extending the license.
III. Terms and conditions of temporary
assignment
The signing of a contract for the assignment of temporary workers
is now admissible for any worker with a contractual relationship
with the temporary employment agency, regardless of the length of
the effective service time.
Temporary assignment is limited to the grounds laid down in the LGT for fixed-term contracts and subject to the duration and renewal and conversion rules also laid down in the LGT for such contracts.
IV. Right of option
In cases where the reasons justifying the use of a temporary
workers do not exist, or if the worker remains in the service of
the user company once the periods established in the LGT have
passed, the worker may choose to remain in the company that is most
favourable to him/her, under a permanent employment contract, and
must exercise this option within 15 days of the contract being
converted. In the absence of an option, the worker is automatically
integrated into the user company, with the time already worked in
that company counting for seniority purposes.
V. Sanctions
Violation of any rule of this statute constitutes an administrative
offense and is punishable under the terms of Presidential Decree
no. 50/25, of 19 February, which approved the Labour Offenses
Regime.
VI. Application in time
Fixed-term temporary employment contracts concluded under the
legislation repealed by this law will remain in force under the
respective regime until they expire. However, in the event of
renewal, the new regime will apply.
VII. Entry into force and repeal
This decree came into force on 19 February of this year and
repealed Presidential Decree 31/17 of 22 February, as well all
other legislation that contradicts the decree's provisions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
