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Angola

Employee Rights and Protections

Explore workers' rights and legal protections in Angola

Termination

Angolan labor law outlines several grounds upon which an employer may terminate an employment contract. These include disciplinary dismissal due to serious misconduct by the employee or incapacity that significantly affects job performance, objective grounds such as economic, technological, or structural reasons leading to a reduction in the workforce or extinction of the job position, and mutual agreement where the employer and employee agree to end the contract.

Notice Requirements

Notice periods in Angola vary depending on the type of contract and the grounds for termination. For indefinite contracts, the notice period may be shorter or waived in cases of severe misconduct for disciplinary dismissal, while for objective grounds, a minimum of 30 days' notice is required for individual dismissals (up to 20 employees), and 60 days for collective dismissals. For fixed-term contracts, a minimum of 15 working days' written notice is required if the contract duration is three months or more.

Severance Pay

Angolan law mandates severance pay in cases of termination based on objective grounds or by mutual agreement. The calculation of severance pay is based on factors such as the employee's length of service and salary.

Important Considerations

Employers must consult with employee representative bodies and the General Labor Inspectorate before mass layoffs (20 or more employees). Additionally, employers must provide a written termination notice stating the reason for dismissal and fulfilling all legal requirements.

Discrimination

Angola has robust legal protections against discrimination, particularly within the workplace.

Protected Characteristics

Angolan law specifically prohibits discrimination based on several factors. The Constitution of the Republic of Angola enshrines the principle of equality and non-discrimination broadly, stating that all citizens are equal before the law. No one shall be prejudiced, privileged, deprived of any right, or exempt from any duty because of their ancestry, sex, race, ethnicity, color, disability, language, place of birth, religion, political, ideological or philosophical convictions, education, economic or social condition.

The General Labor Law (Lei Geral do Trabalho) explicitly prohibits discrimination in the workplace on various grounds, including race, color, sex, marital status, religion, political opinion, national ancestry, social origin, disability, sexual orientation, and trade union membership.

Redress Mechanisms

Individuals who experience discrimination have several avenues for seeking redress. Employees can file complaints with the General Labor Inspectorate, which has the authority to investigate and take action against employers who violate anti-discrimination provisions. Individuals can also file lawsuits in civil courts to seek compensation and other remedies for acts of discrimination. Several organizations in Angola provide support and advocacy for victims of discrimination.

Employer Responsibilities

Angolan employers have a legal obligation to create a non-discriminatory workplace, establish clear policies against discrimination and harassment, train employees, and promote a culture of inclusion. They must handle complaints seriously, investigate any allegations of discrimination promptly, and take appropriate corrective action if instances of discrimination are discovered. They also have a duty to prevent retaliation and protect employees who report discrimination from any form of retaliation.

Angolan anti-discrimination laws are designed to promote equality and fairness, ensuring that all individuals have a chance to succeed in the workplace based on their abilities and merits.

Working conditions

In Angola, labor law outlines specific standards for working conditions, which include work hours, rest periods, and ergonomic requirements. These regulations are designed to ensure a fair and safe work environment for employees.

Work Hours

The maximum daily work hours are set at eight hours per day. However, under specific circumstances, workdays can be extended to ten hours, but the total working week cannot exceed 44 hours.

Rest Periods

Angolan law mandates meal or rest breaks ranging from 30 to 90 minutes per day.

Ergonomic Requirements

While there aren't readily available references for specific ergonomic regulations, Angolan labor law likely incorporates general safety principles that could indirectly address ergonomics. For comprehensive guidance on ergonomic requirements in the workplace, it's advisable to consult with legal counsel specializing in Angolan labor law.

Health and safety

In Angolan workplaces, the well-being of workers is prioritized through a framework of health and safety regulations. These regulations are crucial for both employers and employees to understand.

Employer Obligations

Under Angolan law, employers are mandated to establish a safe and healthy work environment. Key obligations include:

  • Risk Assessment and Mitigation: Employers are required to identify potential hazards in the workplace and implement measures to control or eliminate them.
  • Provision of Safety Equipment: Employers are responsible for providing employees with personal protective equipment (PPE) necessary for their specific tasks.
  • Health Surveillance: Employers have a duty to ensure health surveillance for workers exposed to high-risk environments or hazardous substances.
  • Training and Awareness: Employers are required to provide training and information sessions on health and safety protocols to their workforce.

Employee Rights

Angolan workers have legal rights regarding health and safety in the workplace:

  • Right to a Safe Work Environment: Employees have the fundamental right to work in an environment free from foreseeable risks to their health and safety.
  • Refusal of Unsafe Work: Workers have the right to refuse work they believe poses a serious threat to their health and safety.
  • Access to Training and Information: Employees have the right to receive training and information on health and safety protocols relevant to their job functions.

Enforcement Agencies

The Ministry of Labor and Social Security (Ministério do Trabalho e Segurança Social - MTSS) is the primary government body responsible for enforcing health and safety regulations in Angolan workplaces. The MTSS can conduct inspections, issue fines for non-compliance, and even order the closure of workplaces deemed unsafe.

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