Decree No. 5/95 of April 7

Similar documents
REPÚBLICA DE MOÇAMBIQUE COUNCIL OF MINISTERS. Decree No. 37/2016 of 31 August

Law Nº 04/05. of 1st July

APPRENTICESHIP AND TRADES QUALIFICATION ACT

It is hereby notified that the President has assented to the following Act which is hereby published for general information:-

Presidential Decree No. 27/03 of May 6 Regulation of Guest Registry Bulletin

The Nakuru County Vocational and Technical (Polytechnics) Bill, 2014 THE NAKURU COUNTY VOCATIONAL AND TECHNICAL (POLYTECHNICS) ACT, 2014

Law No. 1/05 of July 1 Nationality Law. Page 1/13. Rua Amílcar Cabral, LUANDA ANGOLA Phone Number: /380

Judicial Services and Courts Act [Cap 270]

LABOUR RELATIONS ACT NO. 66 OF 1995

GOVERNMENT GAZETI'E REPUBLIC OF NAMIBIA

The Nakuru County Child Care Facilities Bill, 2014 THE NAKURU COUNTY CHILD CARE FACILITIES BILL, 2014 ARRANGEMENT OF CLAUSES PART I PRELIMINARY

(1 March 2015 to date) LABOUR RELATIONS ACT 66 OF (Gazette No , Notice No. 1877, dated 13 December 1995) Commencement:

PUBLIC ADMINISTRATION OF MEXICO CITY OFFICE OF THE MAJOR REGULATIONS OF THE FILMING ACT OF MEXICO CITY

THE TRADE UNIONS ACT, 1926

University of Namibia Act 18 of 1992 (GG 460) brought into force on 31 August 1992 by GN 109/1992 (GG 462) ACT

The Apprenticeship and Trade Certification Act

EDUCATIONAL CORRESPONDENCE COLLEGES ACCREDITATION ACT

Arbitration Act B.E. 2545

1. This Law shall be cited as the Law for the Compensation, Exchange and Restitution of Immovable Properties, which are within the scope

This document has been provided by the International Center for Not-for-Profit Law (ICNL).

1 L.R.O Transport Authority CAP. 295A TRANSPORT AUTHORITY

Date of commencement: 1st March, 1987 An Act to consolidate the law in relation to immigration and to introduce new provisions relating thereto.

Ministry of Industry

c t PSYCHOLOGISTS ACT

VALUERS ACT CHAPTER 532 LAWS OF KENYA

Law No. 7/2009 of 15 June ESTABLISHING THE CIVIL SERVICE COMMISSION

THE PASSPORTS ACT, 1967 ARRANGEMENT OF SECTIONS

Protection of Layout-Designs of Integrated Circuits Act, B.E (2000) Translation

THE DANGEROUS MACHINES (REGULATION) ACT, 1983 ARRANGEMENT OF SECTIONS

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$4.40 WINDHOEK - 14 July 2010 No Government Notice OFFICE OF THE PRIME MINISTER. No.

Town and Regional Planners Act 9 of 1996 (GG 1354) brought into force on 20 July 1998 by GN 170/1998 (GG 1909) ACT

LEGAL EDUCATION ACT NO. 27 OF 2012 LAWS OF KENYA

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$4.40 WINDHOEK - 31 December 2013 No. 5385

CODE OF GOOD PRACTICE ON PICKETING (GenN 765 in GG of 15 May 1998)

THE TOURISM AND TRAVEL OFFICES AND TOURIST GUIDES LAWS 1995 TO (No.2) of 2013

ENVIRONMENT AND LAND COURT ACT

TAITA TAVETA COUNTY GAZETTE SUPPLEMENT

RREEF PROPERTY TRUST, INC. BYLAWS ARTICLE I OFFICES

Be it enacted by,the Senate and House of Representatives of the Philippines in Congress assembled: H. No S. No. 2393

Namibia Institute of Public Administration and Management Act 10 of 2010 (GG 4521) brought into force on 1 October 2010 by GN 218/2010 (GG 4574) ACT

INSTITUTE OF CHARTERED ACCOUNTANTS OF NIGERIA ACT

Government Lottery Office Act, B.E (1974) BHUMIBOL ADULYADEJ, REX Given on 11 th September B.E. 2517; Being the 29 th Year of the Present Reign.

Trading Enterprises Order, Oder No. 11 of 1993

SAMOA AGRICULTURE STORE CORPORATION ACT 1975

INSTITUTE OF CHARTERED ACCOUNTANTS OF NIGERIA ACT

Working Conditions of Employees Posted to Estonia Act 1

Number 45 of 2001 PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT, 2001 ARRANGEMENT OF SECTIONS PART 1. Preliminary and General

BYLAWS OF THE CAMERON COUNTY REGIONAL MOBILITY AUTHORITY

MUDGEE REGION TOURISM INCORPORATED CONSTITUTION. The name of the association is the Mudgee Region Tourism Incorporated and hereinafter

Engineer Act, B.E (1999) Bhumibhol Adulyadej, Rex. Given on the 19 th day of November B.E (1999) Being the 54 th Year of the Present Reign

DEPARTMENT OF LABOUR. Government Notice. R: October Electrical Installation Regulations, 1992

Old Dominion Freight Line, Inc.

Workplace Relations Regulations 2006

Veterinary and Veterinary Para-Professions Act 1 of 2013 (GG 5139) brought into force on 27 February 2014 by GN 16/2014 (GG 5415)

SOCIETIES ACT CHAPTER 108 LAWS OF KENYA

2007 No COMPANIES AUDITORS. The Statutory Auditors and Third Country Auditors Regulations 2007

The West Bengal Societies Registration Act, [West Bengal Act XXVI of 1961]

CHAPTER 2. Appointment of examiner

LAW ON STANDARDS OF CAMBODIA

CHARTERED INSURANCE INSTITUTE OF NIGERIA ACT

GEOLOGISTS REGISTRATION ACT

THE PUNJAB STATE PARAMEDICAL COUNCIL ACT, 2012 (ACT NO. OF 2012)1

SAMPLE OF AN INCORPORATION AGREEMENT ADOPTING THE TABLE 1 ARTICLES INCORPORATION AGREEMENT

SAINT CHRISTOPHER AND NEVIS No. 16 of 2010

BY-LAWS. UNIT CORPORATION a Delaware Corporation (as amended and restated May 7, 2008) ARTICLE I STOCKHOLDERS' MEETINGS

[Draft] ELECTRONIC TRANSACTIONS ACT (NO...) B.E

CHAPTER 11:08 PAROLE ACT ARRANGEMENT OF SECTIONS

NATIONAL LAND COMMISSION ACT

ORDINANCE NO (b) Authority of Permitting Officer. The permitting officer is hereby authorized to accept or deny applications.

DATA PROTECTION LAWS OF THE WORLD. Egypt

Kerala Legislature Secretariat 2008

DENTAL THERAPISTS (REGISTRATION, ETC.) ACT

DENTAL THERAPISTS (REGISTRATION, ETC.) ACT

CHAPTER 61:07 REAL ESTATE PROFESSIONALS

Royal Charter 1955 THE CHARTER. To all to whom these Presents shall come, Greeting:

THE CANADIAN ACADEMY OF ENGINEERING

PHARMACY ACT PHARMACY ACT 1967 (XI OF

(XI OF 1967) An act to establish Pharmacy Councils to regulate the practice of Pharmacy.

BY-LAWS OF NEW YORK CITY COLLEGE OF TECHNOLOGY FOUNDATION TABLE OF CONTENTS

Québec Immigration Act

Decree-Law N. º 34/2003 of 25 February

THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981

CORPORATIONS ACT. A Public Company Limited by Guarantee and not having a Share Capital CONSTITUTION GOLF NSW LIMITED ACN NAME DEFINITIONS

Land Leases (Amendment) Act 2014

Mental Capacity Act 2005 AS IT IS TO BE AMENDED BY THE MENTAL HEALTH ACT 2007

HUNGARY Utility Model Act Act XXXVIII OF 1991 on the protection of utility models as consolidated on April 1, 2013

CHARTERED INSTITUTE OF ADMINISTRATION ACT

THE TEA ACT, 1997 ARRANGEMENT OF SECTIONS. PART I PRELIMINARY PROVISIONS Section Title 1. Short title and commencement. 2. Interpretation.

BYLAWS SCHOOL SPECIALTY, INC. (Effective as of June 11, 2013) ARTICLE I. Offices

Nepal Medical Council Act, 2020 (1964)

Dar es Salaam Institute of Technology THE DAR ES SALAAM INSTITUTE OF TECHNOLOGY ACT, 1997 PART 11 PART III PART IV

PUBLIC SERVICE ACT 1995 ARRANGEMENT OF SECTIONS PART 1- PRELIMINARY

Commercial Agents and Private Inquiry Agents Act 2004 No 70

Bill 67 (2015, chapter 31)

LIMITED LIABILITY PARTNERSHIPS (DISSOLUTION AND WINDING UP) (JERSEY) REGULATIONS 2018

LIMITED PARTNERSHIPS (JERSEY) LAW 1994

NATIONAL HEALTH SERVICE REFORM (SCOTLAND) ACT 2004

Fire and Rescue Services Act 2004

THE REPRESENTATION OF THE PEOPLE ACT 1958

FEDERAL INVESTIGATION AGENCY ACT, 1974 (VIII OF 1975)

Transcription:

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

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

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

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

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

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

(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 1995. The Prime Minister, Marcolino José Carlos Moco. The President of the Republic, JOSÉ EDUARDO DOS SANTOS. Page 7/7