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Termination and Severance Policies

Learn about the legal processes for employee termination and severance in Angola

Notice period

In Angola, the General Labor Law outlines specific notice periods that employers must adhere to when terminating employment contracts. The required notice period depends on the type of employment contract.

Notice Periods Based on Contract Type

For Fixed-Term Contracts (Over 3 Months), employers must provide written notice 15 working days in advance before the contract expires.

For Indefinite Contracts (Open-Ended), notice periods vary based on the employee's seniority:

  • Less than 1 year: 15 consecutive days' written notice.
  • 1 to 3 years: 30 consecutive days' written notice.
  • Over 3 years: 60 consecutive days' written notice.

It's important to note that the probationary period is excluded when calculating the employee's seniority for notice period purposes.

Exceptions to Notice Periods

There are limited exceptions where notice periods may not apply:

  • Termination During Probation: During the probationary period, either party can terminate the contract without notice or obligation for compensation.

  • Serious Misconduct: Employers can dismiss employees for severe misconduct without notice, but they must provide documented evidence of the transgression.

Additional Considerations:

  • Written Notice: All terminations, except during probation or for severe misconduct, must be communicated through written notice.

  • Employee Representative Bodies: Employers are required to notify employee representative bodies before carrying out mass layoffs (affecting 20 or more employees).

Severance pay

In Angola, labor laws ensure that employees receive severance pay if their contracts are terminated due to redundancy, collective dismissal, or company closure. This is stipulated in the General Labor Law of Angola.

Eligibility for Severance Pay

Employees are entitled to severance pay if they have worked for the company for at least six months, either continuously or intermittently. The termination must be due to company-related grounds, redundancy, or collective dismissal.

Severance Pay Calculation

The severance pay is calculated based on the employee's length of service and their base salary. For up to 5 years of service, the employee receives one month's base salary for each year of service. For over 5 years of service, the employee receives 5 months of base salary for the first five years and 50% of the base salary for each additional year of service.

Exceptions to Severance Pay

There are certain situations where employees may not be entitled to severance pay. These include dismissal for serious misconduct, termination during the probationary period, and voluntary resignation.

Additional Information

Severance pay must be provided to the employee within three days of termination. While the General Labor Law of Angola doesn't specifically differentiate based on company size for standard severance pay, variations may exist in specific industry sectors or collective bargaining agreements. Therefore, it's always best to check any applicable agreements. Employers in Angola must fully understand these severance pay entitlements to ensure they meet their legal obligations when terminating employment.

Termination process

Termination of employment contracts in Angola can occur under several circumstances. It's essential to understand the legal reasons and processes surrounding termination to ensure compliance with the General Labor Law of Angola (Lei Geral do Trabalho de Angola).

Types of Termination

  • Mutual Agreement: Both the employer and employee agree to end the employment contract. Termination agreements often outline specific terms.
  • Expiration of a Fixed-Term Contract: If the employment contract had a specific end date, the contract terminates automatically upon reaching that date.
  • Completion of Specific Task: If a worker was hired for a particular project or task, the contract terminates once the task is completed.
  • Resignation by the Employee: The employee formally ends the employment relationship by submitting written notice.
  • Dismissal by the Employer: The employer can terminate the employee with or without cause.

Dismissal by the Employer

Employers in Angola have the right to dismiss an employee, but they must follow established legal procedures:

Dismissal with Cause

An employer can dismiss an employee with cause for reasons such as:

  • Repeated and unjustified absences or delays
  • Serious misconduct or breach of contract
  • Force Majeure (unforeseeable circumstances preventing work)
  • Economic or company-related grounds

Dismissal without Cause

An employer can also dismiss an employee without cause.

Probationary Period

Andorran employment contracts often include probationary periods. These periods, dependent on the type of work, allow for termination without notice.

Additional Considerations

  • Written Notice: Dismissal must be communicated in writing, stating the reasons for the termination.
  • Collective Dismissals: Specific rules apply for large-scale dismissals affecting multiple employees.
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