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Angola - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Angola - 2013    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • - Disciplinary dismissals:
    The reasons justifying the intended disciplinary action (including dismissals) must be stated in the prior interview notification (art. 50(2)a) GLA)l, then explained in detail during the interview (art. 51(1) GLA) and lastly be included in the written communication of the disciplinary dismissal to the employee (art. 52(2) GLA).

    - Economic dismissals:
    The reasons underlying economic individual (affecting less than 5 workers) and collective dismissals shall be provided in the notification to the worker's representatives (arts. 231(1) and 239(2) GLA)
    In the event of individual dismissal, copy of that notification shall be sent to the workers along with the notice of dismissal (for individual dismissals: see arts. 232(1) and 232 GLA, and for collective dismissals, see: arts. 239(1)).
    [In the event of collective dismissal, in the absence of an employees' representatives established body, the employer shall post a written notice to all workers informing them of the intended collective dismissal and the reasons for it and of the fact that they can set up a committee of 3 to 5 workers to represent them during the consultation process (art. 239(4) GLA)].


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 224 GLA: Just cause is required for individual dismissal. Just causes include serious disciplinary offenses or the objective causes which make it impossible to maintain the employment relationship.
    * Disciplinary reasons:
    Art. 225 GLA provides a list of just causes justifying disciplinary dismissal (e.g. unjustified absence from work, non-observance of the working hours, lack of punctuality, serious disobedience, verbal or physical violence against the employees, the employer or his/her representatives, severe indiscipline, repeated lack of compliance with the obligations incumbent to the worker, theft, robbery, embezzlement, fraud, revealing manufacturing secrets, causing damages deliberately or through gross negligence to the premises, equipment, bribery and corruption, intoxication or drug addiction, non-compliance with the safety and hygiene rules).
    *Objective reasons:
    Art. 230 GLA: dismissal can be justified by economic, technological and structural reasons involving internal reorganization, restructuring, reducing or closing down the business activity.


Prohibited grounds: marital status; pregnancy; race; colour; sex; religion; political opinion; social origin; nationality/national origin; trade union membership and activities; performing military or civil service; language; family members at the same workplace; ethnic origin
Remarks:
  • Art. 228(2) GLA provides for the nullity of any dismissal which is based on the following grounds:
    - political, ideological and religious views;
    - trade-union affiliation (and non-affiliation);
    - any other discriminatory grounds listed in arts. 3(1) and 20(2)b) GLA. Those include: race, colour, sex, ethnic origin, marital status, social condition, political or religious views, trade union membership, language, age, citizenship, family members at the workplace, careers, wages, duration and other conditions of work.
    - In addition, the law provides for a prohibition to dismiss a woman covered by the maternity protection (that is during the entire pregnancy and up to one year after delivery) unless she commits a disciplinary offence which makes it immediately and practically impossible to maintain the employment relationship (art. 272(1)d and 278 GLA).
    - Lastly, there is a presumption of unfair dismissal (rebuttable by the employer), when a dismissal takes place within 6 months:
    * after an employee's complaint regarding his/her working conditions or a violation of his/her rights,
    * after the refusal to follow illegal orders,
    * after the worker has exercised or intended to exercise any other rights conferred by statute.
    The dismissal of a worker, who has held or sought to hold office as a trade union representative or an employees' representative, is also presumed to be unfair when it takes place within 2 years after the completion of his/her term or after the selection process.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with disabilities; war veterans; minors
Remarks:
  • Art. 227 provides for special protection against dismissal for the following categories of workers:
    - trade union leaders, trade union delegates or worker's representatives;
    - women covered by maternity protection (=during the entire period of pregnancy until 1 year after delivery (arts 272 and 278 GLA);
    - war veterans;
    - minors (art. 288 GLA);
    - workers with a limited occupational disability degree of 20% or above.
    Any disciplinary and economic (individual and collective) dismissal of the above-mentioned workers (except for trade union leaders, trade union delegates or worker's representatives) is subject to the authorization of the General Labour Inspectorate (see arts. 227(3), 233(3), 244(3), 278, 288 GLA). The law provides that a woman covered by the maternity protection has the right not to be dismissed unless she commits a disciplinary offence which makes it immediately and practically impossible to maintain the employment relationship and provided that the Labour inspector acknowledges that the offence is of such nature and grants authorization (art. 272(1)d) and (5) GLA)
    - Specific rules apply to the disciplinary dismissal of trade union leaders, trade union delegates or worker's representatives: mandatory notification to the trade union or the body they belong, presumption of unfair dismissal, higher compensation for unfair dismissal.