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Recruitment

Advertising

What are the requirements relating to advertising positions?

There are no specific rules governing the advertising of positions in Angola. Nonetheless, in compliance with the constitutional equality principle and non-discrimination rules, such ads cannot include discriminatory criteria or conditions, such as age, nationality, race, gender, physical appearance or religion.

If a role requires a foreign non-resident to work in the petroleum industry, it must be referred to the competent employment centre and advertised in the media. In such cases, the offer must describe the required skills, educational and professional qualifications and certifications in order to demonstrate to the employment centre that no Angolan nationals are suitable for the job.

Background checks

What can employers do with regard to background checks and inquiries in relation to the following:

(a) Criminal records?

For anti-discriminatory reasons, criminal record checks are permitted only for specific positions (eg, security staff, people working with vulnerable individuals or regulated roles in the financial sector). The treatment of such information is protected under the Data Protection Law. Employers cannot demand this information from job applicants and only an employee can obtain his or her criminal reports from the relevant authorities.

Criminal records should be requested from foreign non-resident employees, as a clean criminal record is legally required for such employees.

(b) Medical history?

Medical examinations are mandatory for job applicants under 18 years old. Job applicants over the age of 18 do not need to undertake a medical examination.

However, from a personal data standpoint, the results of medical examinations are deemed to be sensitive. Thus, an authorisation from the Data Protection Authority is required in order to allow employers to collect a job applicant’s data. Further, the job applicant must consent to such a medical examination.

In any case, after an employee has been hired, a medical examination must be carried out by an occupational doctor in order to ascertain whether he or she is fit to perform the role.

(c) Drug screening?

As a rule, drug screening is prohibited in Angola and there are no rules governing the matter.

(d) Credit checks?

Credit checks are prohibited, as they deal with privileged personal data.

(e) Immigration status?

Employers must ensure that applicants are allowed to work in Angola and hold a legitimate title to do so (ie, a visa or work permit), as hiring illegal immigrants is a crime.

(f) Social media?

This type of background check is not specifically regulated. In principle, researching candidates via social media is not prohibited by law, provided that the information is retrieved from freely accessible public sources.

(g) Other?

N/A.

Wages and working time

Pay

Is there a national minimum wage and, if so, what is it?

As of June 7 2017, the universal minimum wage is Kz16,503.30 and the minimum wage for each economic sector is as follows:

  • the trade and extractive economic sector – Kz24,754.95;
  • the transport, services and manufacturing sectors – Kz20,629.13; and
  • the agriculture sector – Kz16,503.30.

Are there restrictions on working hours?

Angolan law contains many restrictions on working hours. Working time is defined by day, week or year.

As a rule, the regular maximum working hour limits are eight hours a day and 44 hours a week. The weekly limit may be extended to 54 hours for shift, modular or variable working hours where:

  • a recovery timetable applies;
  • the work is intermittent; or
  • the employee's sole presence is required.

The daily work limits may also be extended to:

  • nine hours a day when:
    • the work is intermittent or requires the sole presence of the employee; and
    • the employer limits the working week to five consecutive days;
  • 10 hours a day when:
    • the work is intermittent or requires the sole presence of the employee; and
    • the employer adopts shift, modular or variable working hours or a recovery timetable applies; and
  • 12 hours a day for rotational work timetables of up to four weeks of consecutive work followed by an equal period of rest.

Hours and overtime

What are the requirements for meal and rest breaks?

Employees are entitled to a break of between 45 and 90 minutes every five hours.

Further, employees are entitled to one full rest day a week, which, as a rule, must be a Sunday. The weekly rest period cannot be shorter than 24 consecutive hours, which normally starts at midnight on the relevant rest day. The half rest day resulting from the distribution of the weekly work schedule over five-and-a-half days is considered a complementary weekly rest period. The period of complementary weekly rest must, whenever possible, immediately precede or follow the weekly rest period.

How should overtime be calculated?

Employees working over the regular working time limits are, as a rule, entitled to overtime. Overtime is limited to:

  • two hours a day;
  • 40 hours a month; and
  • 200 hours a year.

Up until 30 hours a month, overtime pay is calculated as follows based on the employee’s hourly rate:

  • an additional 50% for large-sized companies;
  • an additional 30% for medium-sized companies;
  • an additional 20% for small-sized companies; and
  • an additional 10% for micro companies.

Overtime exceeding the limit of 30 hours a month is calculated as follows based on the employee’s hourly rate:

  • an additional 75% for large-sized companies;
  • an additional 45% for medium-sized companies;
  • an additional 20% for small-sized companies; and
  • an additional 10% for micro companies.

Overtime is based on the employee’s hourly salary and calculated as follows: monthly base salary multiplied by weekly work schedule.

The employer must keep an accurate record of the employee’s working hours.

What exemptions are there from overtime?

Employees who are exempt from the working time limits are not entitled to overtime pay, except if working on rest days or bank holidays. However, as a rule, they will receive a monthly allowance for such exemption.

Is there a minimum paid holiday entitlement?

As a rule, employees are entitled to 22 paid working days of annual leave a year in addition to bank holidays. Employees are also entitled to a holiday allowance corresponding to 50% of their base salary.

What are the rules applicable to final pay and deductions from wages?

On termination, an employer must pay the employee:

  • his or her final salary;
  • any accrued credits (eg, overtime pay); and
  • final salary credits arising from the termination.

This last category includes:

  • untaken holidays and the corresponding holiday allowance;
  • compensation for the holidays that would have accrued in the following year if the employment agreement had not been terminated (calculated in proportion to the execution of the employment agreement in the termination year) and the corresponding holiday allowance; and
  • a Christmas allowance proportional to the execution of the employment agreement in the termination year.

Before termination, deductions from wages are restricted under Angolan law and can occur only in certain situations. Even where deductions from wages are legally permitted, they cannot exceed 25% of the employee’s net salary.

The salaries paid to employees in Angola are subject to income-related tax (IRT) and social security contributions. The IRT rates are progressive depending on the salary amount, with the highest rate being 17%. Social security contributions are shared between the employer (8%) and the employee (3%). Employee’s contributions are withheld by the employer (ie, deducted from the employee’s monthly salary) and paid to the Social Security Administration. Expatriate employees do not have to pay Angolan social security contributions if they can prove to the local social security authority that they are covered by their home country’s system.

Record keeping

What payroll and payment records must be maintained?

Employers must provide employees with a payslip each month, including a final payslip on termination of their employment agreement. Tax and social security payment forms must also be kept on file.

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