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Angola - Procedural requirements for individual dismissals


Procedural requirements for individual dismissals - Angola - 2013    

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Notification to the worker to be dismissed: written

Remarks:
  • - Individual economic dismissal: art. 232 GLA.
    - Disciplinary dismissal: art. 52(2) GLA.

Notice period:
Remarks:
  • Art. 232 GLA: The period of notice for individual economic dismissals is at least 60 days for executives and high-level and medium-level technicians and 30 days for any other professional group.
    Article 244(2) GLA provides the similar rule for collective dismissals.
    No notice is required for disciplinary dismissals.
    • tenure ≥ 6 months
      • economic dismissal - 30 day(s).
      • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).
    • tenure ≥ 9 months
      • economic dismissal - 30 day(s).
      • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).
    • tenure ≥ 2 years
      • economic dismissal - 30 day(s).
      • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).
    • tenure ≥ 4 years
      • economic dismissal - 30 day(s).
      • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).
    • tenure ≥ 5 years
      • economic dismissal - 30 day(s).
      • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).
    • tenure ≥ 10 years
      • economic dismissal - 30 day(s).
      • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).
    • tenure ≥ 20 years
      • economic dismissal - 30 day(s).
      • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 234(3) GLA: Pay in lieu of notice for individual economic dismissal.
      No notice for disciplinary dismissal.

    Notification to the public administration: No

    Remarks:
    • - Individual economic dismissals (= those concerning less than 5 workers):
      Notification to and authorization from the provincial office of the Ministry of Labour is required only if the employees' representatives oppose the dismissal(s). (art. 231 GLA)

      - Disciplinary dismissals: no such prior notification to the administration.

      The authorization of the General Labour Inspectorate is however, always required for any disciplinary or economic dismissal which affects a protected worker ( war veteran, minor, women covered by the maternity protection and workers with a limited occupational disability degree of 20% or above ( see arts. 227(3), 233(3), 244(3), 278, 288 GLA).

    Notification to workers' representatives: Yes

    Remarks:
    • - Individual economic dismissal (= those concerning less than 5 workers):
      The workers' representatives body shall be notified of the employer's intention to carry out the dismissals and provided with a written statement indicating in detail the reasons for the dismissal, the number of workers affected, possibility of transfer to other similar positions (art. 231 GLA).

      - Disciplinary dismissals: no such notification required. However, the employee has the right to be assisted by another employee or a member of the trade union to which he or she is affiliated during the preliminary interview (art. 50(2) GLA). If the employee is a trade union member or a workers' representative, a copy of the dismissal notice shall be sent to the trade union or the representative body concerned.

    Approval by public administration or judicial bodies: No

    Remarks:
    • - Individual economic dismissals (= those concerning less than 5 workers): The labour administration will not be involved if the employee's representatives approve the dismissal.
      However, if the employees' representatives oppose the dismissal(s) and the employer maintain his/her decision to carry out the dismissal(s), he/she shall obtain the authorization form the provincial office of the Ministry of Labour which shall issue a decision within 10 days of the submission of the employer's request. In case the employer's request is rejected by the provincial office, the employer can still challenge the office's decision before the competent national director of industrial relations who will issue a final decision within 15 days.
      - Disciplinary dismissals: no approval by the administration.

      - The authorization of the General Labour Inspectorate is always required for any disciplinary or economic dismissal which affects a protected worker (war veteran, minor, women covered by the maternity protection and workers with a limited occupational disability degree of 20% or above ( see arts. 227(3), 233(3), 244(3), 278, 288 GLA).

    Approval by workers' representatives: Yes

    Remarks:
    • - Individual economic dismissal (= those concerning less than 5 workers):
      The workers' representatives body shall be notified of the employer's intention to carry out the dismissals and provided with a written statement indicating in detail the reasons for the dismissal, the number of workers affected, possibility of transfer to other similar positions. The employee's representatives must issue a substantiated written decision within 7 days opposing or accepting the dismissal in which they analyse the reasons and the measures invoked by the employer and may suggest practical solutions.
      If they accept the dismissal, it will be carried out according to the agreed terms.
      If they oppose the dismissal and the employer maintain his/her decision to carry out the dismissal, he/she shall obtain the authorization form the provincial office of the Ministry of Labour (art. 231 GLA).

      - Disciplinary dismissals: no approval required.