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Miranda Labor Newsletter, Angola - April 2018

Submitted by Firm:
Fatima Freitas
Firm Contacts:
Elieser Corte Real, Jayr Fernandes , Nuno Gouveia
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Labor Newsletter - Angola

JOB QUALIFIER AND REGISTRATION OF EMPLOYMENT CONTRACTS WITH EXPATRIATES – PRACTICAL CONSOLIDATION OF THE NEW REGIME AND RELATED RISKS

The mandatory approval of a job qualifier by the General Inspectorate of Labor has been a requirement since the publication of Decree No. 70/01, of 5 October 2001.

In a nutshell, this obligation consists of the preparation of an internal regulation requiring a description of: (i) all the existing positions in the company; (ii) the corresponding hierarchy; (iii) the functions pertaining to each position; (iv) the professional skills and qualifications required for each position; (v) the main rules on career progression; and (vi) employees’ salaries.

Failure to prepare and approve a job qualifier is subject to one of the highest fines provided for in labor law, varying from 10% to 15% of the company’s total payroll depending on the gravity of the employer’s conduct. By means of Presidential Decree No. 43/17, of 6 March 2017, the existence and approval of a job qualifier is now very easy to supervise by the labor authorities. This is because the registration of any employment contract entered into with an expatriate employee entails filing, with the Employment Center of the employer’s area of activity, a copy of the relevant job qualifier, approved by the General Inspectorate of Labor.

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