Learn about the legal processes for employee termination and severance in Angola
In Angola, the General Labor Law outlines specific notice periods that employers must adhere to when terminating employment contracts. The required notice period depends on the type of employment contract.
For Fixed-Term Contracts (Over 3 Months), employers must provide written notice 15 working days in advance before the contract expires.
For Indefinite Contracts (Open-Ended), notice periods vary based on the employee's seniority:
It's important to note that the probationary period is excluded when calculating the employee's seniority for notice period purposes.
There are limited exceptions where notice periods may not apply:
Termination During Probation: During the probationary period, either party can terminate the contract without notice or obligation for compensation.
Serious Misconduct: Employers can dismiss employees for severe misconduct without notice, but they must provide documented evidence of the transgression.
Written Notice: All terminations, except during probation or for severe misconduct, must be communicated through written notice.
Employee Representative Bodies: Employers are required to notify employee representative bodies before carrying out mass layoffs (affecting 20 or more employees).
In Angola, labor laws ensure that employees receive severance pay if their contracts are terminated due to redundancy, collective dismissal, or company closure. This is stipulated in the General Labor Law of Angola.
Employees are entitled to severance pay if they have worked for the company for at least six months, either continuously or intermittently. The termination must be due to company-related grounds, redundancy, or collective dismissal.
The severance pay is calculated based on the employee's length of service and their base salary. For up to 5 years of service, the employee receives one month's base salary for each year of service. For over 5 years of service, the employee receives 5 months of base salary for the first five years and 50% of the base salary for each additional year of service.
There are certain situations where employees may not be entitled to severance pay. These include dismissal for serious misconduct, termination during the probationary period, and voluntary resignation.
Severance pay must be provided to the employee within three days of termination. While the General Labor Law of Angola doesn't specifically differentiate based on company size for standard severance pay, variations may exist in specific industry sectors or collective bargaining agreements. Therefore, it's always best to check any applicable agreements. Employers in Angola must fully understand these severance pay entitlements to ensure they meet their legal obligations when terminating employment.
Termination of employment contracts in Angola can occur under several circumstances. It's essential to understand the legal reasons and processes surrounding termination to ensure compliance with the General Labor Law of Angola (Lei Geral do Trabalho de Angola).
Employers in Angola have the right to dismiss an employee, but they must follow established legal procedures:
An employer can dismiss an employee with cause for reasons such as:
An employer can also dismiss an employee without cause.
Andorran employment contracts often include probationary periods. These periods, dependent on the type of work, allow for termination without notice.
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