Cabo Verdean labor law is designed to protect workers and ensure fair employment practices. The legal framework provides a range of rights and protections, covering areas such as termination, anti-discrimination, working conditions, health and safety, and dispute resolution. Understanding these rights is crucial for both employers and employees to foster a positive and compliant work environment.
The information below outlines key aspects of workers' rights and protections in Cabo Verde as of 2025. These guidelines are intended to provide a general overview and should not be considered legal advice.
Termination Rights and Procedures
Cabo Verdean labor law outlines specific procedures for terminating employment contracts. These procedures vary depending on the type of contract (fixed-term or indefinite) and the reason for termination.
- Just Cause: Termination for just cause (e.g., serious misconduct) requires a written explanation and adherence to a disciplinary process.
- Without Just Cause: Termination without just cause requires notice and compensation.
The required notice period depends on the length of service:
Length of Service | Notice Period |
---|---|
Less than 1 year | 15 days |
1 year to less than 5 years | 30 days |
5 years or more | 60 days |
Employees are entitled to compensation for termination without just cause, calculated based on their length of service and salary.
Anti-Discrimination Laws and Enforcement
Cabo Verdean law prohibits discrimination in employment based on various grounds. These protections apply to all stages of employment, from recruitment to termination.
Protected characteristics include:
- Nationality
- Ethnic origin
- Gender
- Religion
- Political affiliation
- Social origin
- Disability
- HIV status
Discrimination claims can be filed with the labor inspectorate or through the courts. Employers found guilty of discrimination may face fines and be required to compensate the affected employee.
Working Conditions Standards and Regulations
Cabo Verdean labor law sets standards for working conditions, including working hours, rest periods, and leave entitlements.
- Working Hours: The standard workweek is 44 hours.
- Overtime: Overtime work is permitted but subject to limitations and must be compensated at a premium rate.
- Rest Periods: Employees are entitled to daily and weekly rest periods.
- Annual Leave: Employees are entitled to paid annual leave, which increases with seniority. The minimum is 22 days per year.
- Maternity Leave: Female employees are entitled to maternity leave, with a portion of the leave being compulsory.
- Paternity Leave: Male employees are entitled to paternity leave.
Workplace Health and Safety Requirements
Employers in Cabo Verde are legally obligated to ensure a safe and healthy working environment for their employees. This includes:
- Providing adequate safety equipment and training.
- Implementing measures to prevent workplace accidents and illnesses.
- Conducting risk assessments and addressing identified hazards.
- Ensuring access to first aid and medical assistance.
The labor inspectorate is responsible for enforcing health and safety regulations and can conduct inspections to ensure compliance.
Dispute Resolution Mechanisms for Workplace Issues
Cabo Verde provides several mechanisms for resolving workplace disputes.
- Internal Grievance Procedures: Many companies have internal procedures for addressing employee grievances.
- Mediation and Conciliation: The Ministry of Labor offers mediation and conciliation services to help resolve disputes between employers and employees.
- Labor Courts: Labor courts are available to adjudicate unresolved disputes.
- Arbitration: Parties can agree to resolve disputes through arbitration.