Labour Offences and their Impact on Employers

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Presidential Decree No. 50/25, recently published in the Official Gazette, establishes a new regulatory framework for labour offences, clarifying infractions, penalties and inspection mechanisms. Below we highlight the main points of interest for employers.

1. Classification of Labour Offences

Labour infractions are categorized into Light, Serious and Very Serious, with progressively more severe sanctions.

a) Minor infractions

1. Entering into contracts with minors (14-17 years old) without legal authorization.
2. Lack of prior communication to the General Labour Inspectorate (IGT) about the opening of work centres.
3. Failure to comply with deadlines for payment of overdue credits and compensation until the end of the dismissal.
4. Failure to fix a copy of the working hours map at the work center, at least 15 days before the beginning of its effectiveness.
5. Lack of written agreement with the workers on the exemption from working hours.

b) Serious Infringements

1. Failure to enter into specific and special employment contracts in writing.
2. Requiring medical tests or pregnancy screenings for job applicants.
3. Failure to comply with rules on working hours, including limits on overtime (two hours a day, 40 hours a month and 200 hours a year) and night work.
4. Failure to comply with the rules of individual and collective dismissal.
5. Violation of workers’ privacy rights.
6. Failure to prepare and display the vacation plan by 31 January and lack of remuneration and vacation bonus up to 15 days before the beginning of the respective enjoyment.
7. Failure to prepare a salary payment receipt and violation of the form and period of payment of the salary.
8. Failure to deposit wages not paid to the employee due to a disciplinary measure in a Social Security account.
9. Failure to comply with the rules and procedures relating to disciplinary proceedings.
10. Lack of preparation of internal regulations for companies with more than 50 employees and non-compliance with the mandatory rules for their preparation.
11. Lack of remuneration for night work (additional 20% of the base salary) and lack of remuneration for each hour of overtime work (usual value plus an additional 50% of the value of the normal working hour).
12. Lack of creation of a commission for the prevention of accidents at work for companies that employ more than (present minimum number fixed by law).
13. Failure to comply with the meal and rest break during the normal working period (not less than 45 minutes and not more than 90 minutes).

c) Very Serious Infringements

1. Forced or compulsory labor.
2. Violation of fundamental rights, including physical and moral integrity.
3. Lack of insurance against accidents at work and occupational diseases.
4. Disrespect for the right to vacation and weekly rest.
5. Failure to pay compensation for change in vacation period for reasons attributable to the employer.
6. Lack of remuneration for justified absences, due to accident, illness or assistance.
7. Violation of the wage non-discrimination rule.
8. Realization of legal or prohibited discounts.
9. Failure to comply with the procedure for individual dismissal.
10. Violation of the amount of the national minimum wage.
11. Lack of exemption for student workers.
12. Violation of the employer’s general obligations in the context of safety, hygiene and health at work.
13. Application of more than one disciplinary measure for the same infraction.
14. Failure to carry out the mandatory annual medical examinations for workers engaged in unhealthy or dangerous work or in the handling of food products for human consumption and night workers.
15. Violation of the right to work interruption on holidays and day-off, the eve of Family Day and New Year’s Day and their remuneration.
16. Violation of the right to leave and failure to comply with the period of duration of the leave (22 working days per year).

2. Penalties and Sanctions

Light Infractions: Fines between 2 and 9 times the company’s average monthly salary, varying if practiced with negligence or willful misconduct.

Serious Infractions: Fines between 10 and 17 times the company’s average monthly salary, varying if practiced with negligence or intent.

Very Serious Infractions: Fines between 18 and 25 times the company’s average monthly salary, varying if practiced with negligence or intent.

Ancillary Sanctions:

1. Publicity of the sanction for very serious offences or recurrence of serious offences.
2. Prohibition of activity or exclusion from public tenders for up to 2 years, in cases of recurrence.

3. Inspection Procedure

1. The General Labour Inspectorate (IGT) has the power to supervise and initiate administrative proceedings:
2. Inspections can be carried out on their own initiative, by complaint from workers or by judicial order.
3. Companies must provide the required documents and records within the established deadline.
4. The Notice is notified to the offender, who has 15 days to voluntarily pay the fine or present a written defense.
5. Decisions can be challenged through complaint and hierarchical appeal, with the possibility of judicial challenge under the terms of the Labour Procedure Code.

4. Statute of Limitations for Infractions

Very Serious Infractions: Statute of limitations in 5 years.

Serious Infractions: Statute of limitations in 3 years.

Minor Infractions: Statute of limitations in 1 year.

This Legal Notice is for informational purposes only and does not constitute complete legal advice. The information provided is valid as of the date of publication and readers are advised to seek legal advice before applying it in specific situations. The reproduction, dissemination or distribution of this content, in whole or in part, is prohibited without prior consent. For more information, we are available for contact and clarification at: geral@lasadvogados.co.ao / emilcalei27@gmail.com / emanuel.jeremias@lasadvogados.co.ao

Lubango, on March 6, 2025.

Messias Sanumbutue

Emanuel Jeremias

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