Explore workers' rights and legal protections in Sao Tome and Principe
In São Tomé and Príncipe, the Labor Code stipulates that employers must have valid reasons to terminate employment contracts. These reasons can include serious misconduct such as insubordination, theft, violence, gross negligence, or habitual intoxication. Termination can also be due to consistently poor performance or economic reasons such as company restructuring, financial difficulties, redundancy, or other compelling business reasons.
The Labor Code of São Tomé and Príncipe also prescribes specific notice periods that depend on the length of the employee's service. For employees who have been with the company for less than three years, a one-month notice is required. For those who have been with the company for more than three years, a two-month notice is required. Employers must give notice in writing, stating the reason for the termination.
In terms of severance pay, the employer is required to pay one month's salary for each year of service worked.
Employers are required to follow fair procedures when terminating an employee. This includes providing an opportunity for the employee to respond to allegations of misconduct or poor performance. In certain cases, such as mass layoffs, additional procedures or consultations might be required.
Sao Tome and Principe's constitution and labor laws provide protections against discrimination based on race, sex, social origin, religious belief, political affiliation, and philosophical conviction.
The country's laws protect against discrimination based on the following characteristics:
For those who experience discrimination, Sao Tome and Principe offers several avenues to seek justice:
Employers in Sao Tome and Principe have a legal duty to:
Despite these protections, Sao Tome and Principe lacks specific protections for LGBTQI+ individuals against discrimination based on sexual orientation and gender identity. Additionally, enforcement of anti-discrimination laws can be a challenge, especially concerning informal sectors of the economy or discrimination that takes more subtle forms.
In Sao Tome and Principe, the labor code provides a basic framework for working conditions, encompassing aspects such as work hours, rest periods, and ergonomic requirements.
The labor code does not specify a standard workweek, but it is common for employees to work 40 hours per week. Overtime work is allowed, but it is limited. Hours that exceed the standard workweek are considered overtime and must be compensated at a rate of 125% of the regular wage.
While there is no legal requirement for a specific daily rest period, it is common practice to include a lunch break within the workday. Employees are entitled to one uninterrupted rest day per week, usually on Sundays. Additionally, employees accrue paid annual leave each year, with a minimum entitlement of 26 days.
The national labor code does not explicitly mention specific ergonomic requirements. However, employers are generally responsible for ensuring the health and safety of their workers in the workplace. This could be interpreted as requiring employers to take reasonable steps to minimize ergonomic risks, such as providing appropriate seating or workstations for extended computer use.
Ensuring a safe and healthy work environment is a cornerstone of a productive workforce. Sao Tome and Principe, like many countries, has established regulations to protect employees' well-being. This guide explores these regulations, outlining employer obligations, employee rights, and the enforcement bodies responsible for upholding these standards.
Sao Tome and Principe's Labor Code serves as the foundation for workplace health and safety regulations. Employers have a legal duty to provide a safe work environment, which includes:
Employees in Sao Tome and Principe have the right to a safe and healthy workplace. This includes the right to:
The Ministry of Labor is the primary government body responsible for enforcing workplace health and safety regulations in Sao Tome and Principe. They may conduct inspections, investigate complaints, and impose penalties on employers who fail to comply with the regulations.
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