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Advertising What are the requirements relating to advertising positions?
All jobs must be advertised under non-discriminatory terms. The advertisement should set out the basic terms and conditions for recruitment and hiring – for example, the type of employment contract, the workplace and the work schedule (ie, full time or part time). All job offers must be referred to the employment centre with jurisdiction over the employer’s location.
If the job offer is included in the process of hiring a foreign non-resident, the offer must also be referred to the competent employment centre and advertised in the media. In this case, it is essential that the offer make a detailed description of the required and applicable skills, educational and professional qualifications and certifications, in order to demonstrate to the employment centre that no Angolan nationals were suitable for the job, in case the employer fails to appoint someone.
Background checks What can employers do with regard to background checks and inquiries in relation to the following:
(a) Criminal records? The employer may request the employee to present a copy of his or her up-to-date criminal record if the position requires the employee’s record to be pre-screened.
(b) Medical history? Employers are required to request employees to present copies of their vaccination cards to confirm compliance with the national vaccination programme.
Further, the employer may submit employees to pre-employment medical examinations and regular medical examinations. The employer is free to define the medical and physical requirements for the performance of a job and the examinations needed to assess employees’ fitness. In this context, the employer may require employees to present information on their medical history to the medical professional carrying out the examinations and testing. The employer must have access to the medical certificate confirming the employee’s fitness or unfitness for work, which must be available for audit by the General Inspectorate of Labour.
In general, testing for HIV and AIDS and related medical history is not allowed. If permitted, it must be based on exceptional reasons of public safety in relation to the specific job and be authorised previously and supervised by the labour and medical authorities.
(c) Drug screening? In general, drug screening is allowed in the context of pre-employment and regular medical examinations. Invasive testing (eg, blood tests) is subject to particular requirements.
(d) Credit checks? An employer may ask employees to declare their credit status during the recruitment process and on a regular basis for positions which require a positive credit status. In general, credit checks with third-party authorities, banks and other credit institutions are not allowed, as this is considered to be privileged and confidential personal information.
(e) Immigration status? An employer is required to confirm the nationality and immigration status of all employees.
(f) Social media? An employer may look into employees’ social media use if the employees agree, in line with the Angolan data protection laws and the site rules.
(g) Other? Other background checks and enquiries must be based on the need of the employer to confirm an employee’s suitability for the job. The employer must adhere to non-discriminatory principles and ensure that the employee’s personal information is processed under the applicable data protection laws.
Wages and working time
Pay Is there a national minimum wage and, if so, what is it? Yes. The national minimum wage is set according to industry sector. Presidential Decree 144/14 (June 9 2013) established the following values for the national minimum wage:
- commerce and mining – Kz22,504.50 (approximately $230);
- transport, services and manufacturing – Kz18,754 (approximately $190); and
- agriculture – Kz15,003 (approximately $160).
Are there restrictions on working hours? The maximum normal working hours are 44 hours a week and eight hours a day, Monday to half-day Saturday. 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 mere presence is required.
The daily work limits may also be extended:
- to nine hours a day when the work is intermittent or requires the mere presence of the employee, and the employer concentrates the working week in five consecutive days;
- to 10 hours a day when the work is intermittent or requires the mere presence of the employee and the employer adopts shift, modular or variable working hours, or where a recovery timetable applies; and
- to 12 hours a day for rotational work timetables of up to four weeks of consecutive work followed by an equal period of rest.
Working hours exceeding these limits are deemed to be overtime.
Hours and overtime What are the requirements for meal and rest breaks? Under the General Labour Law (2/00), all employees are entitled to a break of between one and two hours on each working day, so that they do not work for more than five consecutive hours. On the employer’s request, the General Inspectorate of Labour may authorise the daily break to be reduced to 30 minutes for operational reasons. The daily break may also be removed in exceptional circumstances (assessed on a case-by-case basis), on prior consultation with the employees’ representative body and authorisation of the General Inspectorate of Labour.
Pursuant to the new General Labour Law (7/15), as of September 15 2015 employees will be entitled to a break of between 45 and 90 minutes each working day.
How should overtime be calculated? The General Labour Law (2/00) provides that work performed outside the normal daily work period – whether before or after the working day, during rest or meal breaks or on the weekly non-working days – is deemed to be overtime. Further, the following limits apply to overtime:
- two hours for each day of work;
- 40 hours for each month of work; and
- 200 hours annually.
Overtime carried out on regular working days and Saturdays entitles employees to the following compensation:
- an additional 50% of the employee’s hourly salary, up to the limit of 30 hours’ overtime per month; and
- an additional 75% of the employee’s hourly salary for overtime exceeding the 30-hour monthly limit.
Under the new General Labour Law (7/15), micro, small and medium-sized companies will be subject to reduced overtime premiums.
Overtime carried out on Sundays and public holidays entitles employees to the following:
- an additional 100% of the employee’s hourly salary, with minimum compensation of three hours of overtime work at this rate; and
- the right to a compensatory rest period to be taken during the following week, with a duration equal to a half-day of work if the employee carries out less than four hours of overtime or a full day of work if the employee carried out four or more hours of overtime. The compensatory rest period for overtime work rendered on a public holiday should be taken in the three working days following the holiday.
Overtime premiums are set based on the employee’s hourly salary and calculated as follows: (monthly base salary x 12) : (52 x weekly work schedule).
The compensation for overtime is calculated by applying the relevant percentage on top of the applicable hourly salary rate.
What exemptions are there from overtime? Under the General Labour Law (2/00), all personnel at all levels are eligible for overtime. An employee may be partially excluded from overtime only under the exemption from a fixed work schedule. The exemption from a fixed work schedule applies only to the following employees:
- Employees in managerial positions are by definition, and without requiring authorisation from the General Inspectorate of Labour, exempt from a fixed work schedule and are not subject to the maximum daily and weekly work limits. However, work rendered on Sundays, public holidays and the weekly half-day of rest (generally Saturday afternoon) qualifies as overtime and entitles employees to the related compensation. These employees are not entitled to any additional allowance in consideration for their exemption from a fixed work schedule. The new General Labour Law (7/15) widens the scope of this type of exemption to all management, leadership, advisory and supervisory positions.
- Employees who perform confidential or inspection duties for the employer, as well as employees who regularly perform work outside of a fixed work location and whose work is not subject to close supervision and control, may also be exempt from a fixed work schedule. This exemption depends on the employer requesting authorisation from the General Inspectorate of Labour. Under the new General Labour Law, such authorisation will no longer be required. Work rendered on Sundays, public holidays and the weekly half-day of rest (generally Saturday afternoon) qualifies as overtime. These employees cannot work more than 10 hours a day and are always entitled to a daily break of one hour. Under Article 110 of the General Labour Law, they are entitled to specific compensation of at least one hour of overtime work a day.
Is there a minimum paid holiday entitlement? Yes. Under the General Labour Law (2/00), employees are entitled to 22 days of paid holiday a year.
When an employee starts a new job, the holiday allowance for the first year of employment corresponds to two working days for each month of work, with a minimum of six working days, which matures on July 1 for employees hired in the first semester and on January 1 of the following year for employees hired in the second semester. Under the new General Labour Law (7/15), the right to holiday in the year of starting work matures on January 1 of the following year and holiday can be taken only once the employee has worked for six months.
What are the rules applicable to final pay and deductions from wages? The salaries paid to employees in Angola are subject to two legal deductions: 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%), amounting to a total contribution of 11%. Employers pay their contributions by applying the 8% rate on top of employees’ base salaries and the remaining relevant allowances, and must deduct employees’ 3% contribution from their monthly remuneration and remit the total contribution to the Social Security National Institute by the 10th day of the following month. Expatriate employees need not pay Angolan social security contributions if they can prove to the local social security authority that they are covered by the system of their home country.
Record keeping What payroll and payment records must be maintained? Employers must keep records of the payroll list or the relevant payslips. Tax and social security payment forms must also be kept on file.
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