Angola - Ongoing labour reform

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.

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.

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.