Decree No. 5/95 of April 7

Transcription

1 Decree No. 5/95 of April 7 Page 1/7

2 The right to employment in Angola by non-citizens, shall be without prejudice to norms of international law and the reciprocity clauses agreed between the Angolan government and other states and not impairing the application of provisions of the law that set aside exclusively Angolan citizens the exercise of certain occupations. Similarly, it is imperative to take measures towards the elimination of irregularities in the employment of Angolan qualified workforce in companies and other foreign employers, while safeguarding the rights and interests of the parties involved. Under the provisions of paragraph h) of article 110 and article 113, both from the Constitution Law, the Government determines as follows: CHAPTER I Object and Application scope ARTICLE 1. (Object) 1. This diploma will regulate the employment of foreign non-resident workforce, as well as of the national qualified workforce in companies and other foreign employers who are active in Angola. 2. For the purposes of this law, it is understood by national qualified workforce, the Angolan workers performing duties that require higher education, mid or specific and specialized professional. 3. It's applicable to resident foreign workers provided in this diploma for the national workforce. ARTICLE 2. (Scope) Page 2/7

3 1. The regime established in this diploma, applies to the national companies and other employers that operate in Angolan territory, except those benefit of special regimes established by law, in what concerns employment of qualified national and non-resident foreign workforce. 2. It further applies to the employment of foreign workforce covered by technical co-operation contracts. 3. The working regime of foreign residents and non residents in the area of civil service shall be governed by specific legislation. CHAPTER II Employment of non-resident foreign workforce ARTICLE 3. (Boundaries) 1. The national or foreign employers, that carry out their business anywhere in the country, should only resort to the use of foreign non-resident workforce, even if not paid in the event of your staff, when composed of more 5 employees, is filled with at least 70% of the national work force. 2. The employment of the remaining 30% shall be done under the law, namely Articles 25 and 26 of Law 3/94. ARTICLE 4. (Exceptions) 1. In the case of skilled workers or workers who, considering the conditions of the labor market, are not normally available in the country, the holder who has the charge of the Labor Administration ask for the requirement substantiated of the interested employer and heard the Minister responsible may gather opinion of the social partners, authorize the admission of nonresident foreign workers, in addition to the quota established pursuant to paragraph 1 of Article 3. Page 3/7

4 2. If it's local employment of foreign non-residents workers for the reasons described in the preceding paragraph, it is up to the local entity responsible for Labor Administration, after consultation with the public and private organizations concerned, authorize its employment. ARTICLE 5. (Parts of the contract) These contracts shall contain, in addition to the what's provided in relevant legislation, the obligations assumed by both parties, namely the date of commencement of the provision of labor and its end, professional qualifications, the duties, remuneration and the method of payment. ARTICLE 6. (Procedure) 1. The contract in triplicate will be recorded in the employment center of the company's location, at the request of the employer, substantiating the hiring to be carried out and identify the accepted term, the industry and append: a) work visa; b) personnel distributed by occupational and nationality categories. 2. The application must enter the employment centers 30 days before the date of commencement of professional activity, and the decision communicated in the following 15 days. 3. After registration the contract, it shall be filled in the employment center sealed, and one of the copies will be returned to the requiring body with the endorsement and registry number and the other submitted to the service that superintends the control of foreigners. 4. The process can be denied as long as the expedient does not observe the provisions of the last diploma. 5. For each contract registration accepted is due the payment of 5% of the base remuneration expressed in the contract. ARTICLE 7. (Terms of the contract) Page 4/7

5 Terminated the contract or whenever for any reason you anticipate its termination, the employer must apply for employment services with the registry canceling upon written communication. ARTICLE 8. (Provision of work with eventual character) 1. The occupation of foreign workers in eventual services, when not superior to 30 days, may occur upon written communication to the employment center in the area of the company's' location. 2. The notice referred to above shall be accompanied by documentation demonstrating compliance with the provisions for entry, stay or residence of foreigners in Angola, must be made to the date of occupation. CHAPTER III Employment of qualified national workforce ARTICLE 9. (Restrictions to employment) 1. The employment in a new activity, with qualified national workforce must not process with material or functional prejudice for the orior employer. 2. In the case of qualified national workforce that has benefited from training at the expense of the former employer, and considering the preceding paragraph, the new employer must compensate the first, with the amount of expenses incurred in training the worker. 3. For the purposes of this diploma, it is understood by training the set of knowledge acquired either by education or out of school, possibly complemented with improvement courses and knowledge recycling, aimed to pursue a particular function. CHAPTER IV Page 5/7

6 Executory and transitory provisions ARTICLE 10. (Fines) 1. Employers who admit to its service individuals who are foreign nationals in violation of the provisions of this Act, shall be punished, for every foreign worker in respect of which the infringement occurred through the many provided in the following paragraphs: a) 10% of the fund's gross salary, the month in which the infringement occurred, should this fall on Article 3; b) 50% and 30% of basic pay for each worker on which the infringement occurred, in case they infringed Articles 6 and 7, respectively. 2. Without prejudice to criminal liability, the recurrence will be punished with triple the amounts set out in the preceding paragraph. ARTICLE 11. (Compensations) The non-application of provided in Chapter II is liable for compensations under general law. ARTICLE 12. (Fines' destination) The fines resulting from the application of the provision in this diploma will revert to the support to actions and promotion of employment. ARTICLE 13. (Application control) It's the General Labor Inspectorate responsibility to monitor this diploma, as well as the applications of the fines herein established. ARTICLE 14. Page 6/7

7 (Doubts and omissions) The doubts and commissions arising from the interpretation and application of this diploma shall be solved by the holder responsible for the Employment Administration. ARTICLE 15. (Revocation) Are repealed all provisions contradicting this decree. ARTICLE 16. (Entry into force) This decree shall enter into force upon its publication. Seen and approved by the Council of Ministers. This Regulation shall be published. Luanda, 31 March The Prime Minister, Marcolino José Carlos Moco. The President of the Republic, JOSÉ EDUARDO DOS SANTOS. Page 7/7