What is the General Labor Law and how does it work?
The General Labor Law , under the jurisdiction of the Ministry of Public Administration, Labor and Social Security, is the set of guidelines that companies must follow to comply with labor legislation in Angola.
It applies to all employers and employees in the private sector, both physician phone number data and foreign, who operate in Angolan territory. Civil servants who work in the Local or Central Public Administration, workers with permanent diplomatic or consular ties, those associated with cooperatives or NGOs and occasional workers are not subject to the rules imposed by the General Labor Law in Angola.
In general, these are the main rules regarding work in Angola:
8 hours of work per day, with the possibility of adding 1 or 2 extra hours;
Limit of 44 hours per week of work (or 54 hours per week with overtime);
Mandatory written employment contract;
National minimum wage of 32,181.15 Kz per month in 2023;
Paid vacation of 22 working days;
12 weeks maternity leave, starting 4 weeks before the expected date of birth;
Paid absence of 1 day per month up to 15 months after giving birth;
1 day paternity leave;
Work between the ages of 14 and 18 is possible, but must have authorization from parents, legal representative or responsible institution and is subject to different rules;
Right to strike;
Freedom of association and the consequent right to organize and exercise union activity.
New General Labor Law in 2023
In addition to the changes made in 2015, the General Labor Law was updated in 2023 to ensure better employability conditions for all parties involved. The new proposed law, approved by the Angolan Parliament on February 2, 2023, came into force in the second half of 2023.
These are the main changes brought about by the new updated Angolan General Labor Law:
The written employment contract becomes mandatory and registered with the Ministry of Labor, Employment and Social Security;
All employment contracts are now indefinite, except in specific situations such as replacing a temporarily absent worker (in this situation the contract must clearly explain the reason and the specified period);
All companies owe the same compensation to their workers, regardless of their size;
The Teleworking Contract and the Service Commission Employment Contract now exist;
The concept of worker mobility emerges within a group of companies.
Holidays, Holiday and Christmas Allowance in Angola
The General Labor Law in Angola establishes that employees are entitled to 22 working days of vacation annually, scheduled according to the vacation plan previously agreed with the employer. If employees have contracts of less than 1 year, they are entitled to 2 working days of vacation for each full month of work.
Vacations can be taken in two distinct periods, however, one of them must be at least 15 working days long. The employee receives 50% of the monthly base salary corresponding to the salary for the vacation period, paid before the start of the vacation.
The Christmas bonus also corresponds to 50% of the monthly base salary and must be paid during the month of November.
Work Absence Regime in Angola
According to article 150 of the General Labor Law, absences from work in Angola can be justified or unjustified. For example, absences are considered justified when the employee gets married, when a child is born or when a spouse, parents or children die. This is the absence regime in place in the country:
Worker's wedding - 10 days;
Birth of a child - 1 day;
Death of spouse or death of parents and children - 8 working days;
Death of the worker's grandparents, in-laws, siblings, grandchildren, sons-in-law and daughters-in-law - 4 working days;
Death of uncles and aunts and uncles and any person who demonstrably lives in the same household as the worker - 2 working days
Provide assistance to members of the worker's household (spouse, parents, grandparents,
children over 10 years old - 3 working days per month (maximum 12 working days per year);
Illness or accident of a child, adopted child or stepchild under 10 years of age - 24 working days per year;
Attendance tests - 1 day for each test;
Final written and oral exams - 2 days for each exam;
Absences due to union activity - 4 days per month (management member) or ⅘ hours per month (union delegates).
Contract Termination in Angola
In Angola, it is possible to terminate a contract at the employer's initiative or by decision of the employee. In order for the employer to dismiss an employee, there must be a legal reason, known as just cause, such as inappropriate behavior or failure to comply with the obligations set out in the employment contract. If the employer still wishes to dismiss the employee, they can do so; however, the employer is obliged to pay compensation according to the following formula:
Compensation = (100% of salary x number of years worked) + 50% of salary
The employer may also terminate the contract in situations of cost-cutting, but in this case it is necessary to prove that the staff cut is necessary and that it is not possible to allocate the employee to another role. The law provides that pregnant women cannot be dismissed without just cause during pregnancy and up to 12 months after the birth of the baby.
