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, workplace and work schedule (ie, full time or part time).
If a job offer is included in the process of hiring a foreign non-resident, it is essential that the offer makes a detailed description of the required and applicable skills, educational and professional qualifications and certifications. The job offer must be posted with the Employment Centre, be published in the Angolan Official Newspaper and the offer should be vacant for at least 30 days.
Background checks What can employers do with regard to background checks and inquiries in relation to the following:
Employers may request employees to present an up-to-date criminal record check if the position requires pre-screening.
Employers must request employees to present copies of their vaccination cards to confirm compliance with the national vaccination programme. Further, employers may require employees to take pre-employment and regular medical exams. Employers are 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, employers may require employees to provide information on their medical history to the medical professional carrying out the examinations and testing. Employers must have access to medical certificates confirming an employee’s fitness to work, which must be available for audit by the General Inspectorate of Labour.
In general, testing for HIV/AIDS and related medical history is not allowed. If permitted, it must be:
- based on exceptional public safety reasons regarding the specific job;
- previously authorised; and
- supervised by the labour and medical authorities.
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.
Employers 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.
Employers must confirm the nationality and immigration status of all employees.
Employers may examine employees’ social media use if the employees agree, in line with the Angolan data protection laws and rules.
Other background checks and enquiries must be based on the need of employers to confirm an employee’s suitability for a job. Employers 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
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 91/17 of 7 June 2017 established the following national minimum wages:
- commerce and mining – Kz24,754.95 (approximately $79);
- transport, services and manufacturing – Kz20,629.13 (approximately $65); and
- agriculture and other sectors – Kz16,503.30 (approximately $53).
The national minimum wage is currently being revised by the government and there are reports that it will be updated to start from Kz21,000.
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.
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 into five consecutive days;
- 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
- 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, all employees are entitled to a break of between 45 minutes and 1.5 hours each working day, so that they do not work for more than five consecutive hours. By means of collective bargaining agreements, parties may establish breaks over two hours or other duration deemed relevant.
How should overtime be calculated?
The General Labour Law provides that work performed outside the normal daily work period – either before or after the working day, during rest or meal breaks or on non-working days – is deemed to be overtime. 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:
- an additional 50% of their hourly salary, up to the 30-hour limit of overtime per month; and
- an additional 75% of the employee’s hourly salary for overtime exceeding the 30-hour monthly limit.
Under the General Labour Law, micro, small and medium-sized companies are subject to reduced overtime premiums.
Overtime carried out on Sundays and public holidays entitles an employee to:
- an additional 100% of their hourly salary, with a minimum compensation of three hours of overtime at this rate; and
- the right to a compensatory rest period to be taken during the following week 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 carries 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: their monthly base salary by 12 or 52 by 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 all personnel are eligible for overtime. An employee may be partially excluded from overtime only under the exemption of a fixed work schedule. The exemption from a fixed work schedule applies only to the following employees:
- Employees in management, leadership, advisory and supervisory positions are by definition exempt from a fixed work schedule and not subject to the maximum daily and weekly work limits. The provision of overtime is exceptional and these employees are not entitled to any additional allowance in consideration for this regime.
- Employees who regularly perform work outside of a fixed location may also be exempt from a fixed work schedule. 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. 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, 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 1 January 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?
Salaries paid to employees in Angola are subject to two legal deductions: income-related tax and social security contributions.
The income-related tax 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. Foreign non-resident employees are deemed exempt from 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.
What payroll and payment records must be maintained?
Employers must keep records of their payroll list or relevant payslips. Tax and social security payment forms must also be kept on file.