In São Tomé and Príncipe, the Labor Code stipulates that employers must have valid reasons to terminate employment contracts. These reasons can include serious misconduct such as insubordination, theft, violence, gross negligence, or habitual intoxication. Termination can also be due to consistently poor performance or economic reasons such as company restructuring, financial difficulties, redundancy, or other compelling business reasons.

Notice Requirements

The Labor Code of São Tomé and Príncipe also prescribes specific notice periods that depend on the length of the employee's service. For employees who have been with the company for less than three years, a one-month notice is required. For those who have been with the company for more than three years, a two-month notice is required. Employers must give notice in writing, stating the reason for the termination.

Severance Pay

In terms of severance pay, the employer is required to pay one month's salary for each year of service worked.

Fair Procedures

Employers are required to follow fair procedures when terminating an employee. This includes providing an opportunity for the employee to respond to allegations of misconduct or poor performance. In certain cases, such as mass layoffs, additional procedures or consultations might be required.

Sao Tome and Principe's constitution and labor laws provide protections against discrimination based on race, sex, social origin, religious belief, political affiliation, and philosophical conviction.

Protected Characteristics

The country's laws protect against discrimination based on the following characteristics:

• Race
• Sex
• Social Origin
• Religious Belief
• Political Affiliation
• Philosophical Conviction

Redress Mechanisms

For those who experience discrimination, Sao Tome and Principe offers several avenues to seek justice:

• Labor Disputes: Discrimination in employment is primarily addressed through the labor courts. Employees can file complaints alleging discriminatory treatment.
• Criminal Complaints: Certain acts of severe discrimination could meet the threshold for criminal charges.
• Constitutional and Administrative Courts: Challenges to the constitutionality of laws or addressing government discrimination may go through the administrative or constitutional courts.

Employer Responsibilities

Employers in Sao Tome and Principe have a legal duty to:

• Prevent discrimination: Maintain a discrimination-free workplace by implementing inclusive policies and practices.
• Not discriminate in employment decisions: This includes hiring, promotion, pay, and any other terms or conditions of employment.
• Investigate complaints: Take accusations of discrimination seriously and conduct prompt, thorough investigations.
• Take corrective action: If discrimination is found, employers must take appropriate steps to remedy the situation and prevent it from happening again. This could involve disciplinary action against perpetrators, or providing compensation for the victim.

Important Notes

Despite these protections, Sao Tome and Principe lacks specific protections for LGBTQI+ individuals against discrimination based on sexual orientation and gender identity. Additionally, enforcement of anti-discrimination laws can be a challenge, especially concerning informal sectors of the economy or discrimination that takes more subtle forms.

In Sao Tome and Principe, the labor code provides a basic framework for working conditions, encompassing aspects such as work hours, rest periods, and ergonomic requirements.

Work Hours

The labor code does not specify a standard workweek, but it is common for employees to work 40 hours per week. Overtime work is allowed, but it is limited. Hours that exceed the standard workweek are considered overtime and must be compensated at a rate of 125% of the regular wage.

Rest Periods

While there is no legal requirement for a specific daily rest period, it is common practice to include a lunch break within the workday. Employees are entitled to one uninterrupted rest day per week, usually on Sundays. Additionally, employees accrue paid annual leave each year, with a minimum entitlement of 26 days.

Ergonomic Requirements

The national labor code does not explicitly mention specific ergonomic requirements. However, employers are generally responsible for ensuring the health and safety of their workers in the workplace. This could be interpreted as requiring employers to take reasonable steps to minimize ergonomic risks, such as providing appropriate seating or workstations for extended computer use.

Ensuring a safe and healthy work environment is a cornerstone of a productive workforce. Sao Tome and Principe, like many countries, has established regulations to protect employees' well-being. This guide explores these regulations, outlining employer obligations, employee rights, and the enforcement bodies responsible for upholding these standards.

Employer Obligations

Sao Tome and Principe's Labor Code serves as the foundation for workplace health and safety regulations. Employers have a legal duty to provide a safe work environment, which includes:

• Risk assessments: Employers must identify and assess potential hazards in the workplace. This proactive approach helps mitigate risks before accidents occur.
• Safe work practices: Employers are responsible for establishing and implementing safe work practices. This may involve providing Personal Protective Equipment (PPE) and training employees on its proper use.
• Accident prevention: Employers have a responsibility to take steps to prevent accidents and injuries. This includes maintaining equipment, ensuring proper ventilation, and addressing any safety concerns raised by employees.
• Medical care: Employers are obligated to provide access to medical care for work-related injuries and illnesses.

Employee Rights

Employees in Sao Tome and Principe have the right to a safe and healthy workplace. This includes the right to:

• Refusal of unsafe work: Employees can refuse to perform work they believe is unsafe without facing repercussions.
• Information and training: Employees have the right to be informed about potential hazards in the workplace and receive training on safe work practices.
• Reporting unsafe conditions: Employees can report unsafe working conditions to their employer or relevant authorities without fear of retaliation.

Enforcement Agencies

The Ministry of Labor is the primary government body responsible for enforcing workplace health and safety regulations in Sao Tome and Principe. They may conduct inspections, investigate complaints, and impose penalties on employers who fail to comply with the regulations.