With the entry into force of Presidential Decree No. 50/25 of February 19, Angola has consolidated the sanctioning regime for labor infractions, promoting the standardization of concepts and ensuring greater consistency in its application. This decree systematizes previously existing provisions, reinforcing legal certainty in handling labor offenses. It repeals Presidential Decree No. 154/16 of August 5, which previously regulated labor violations, and establishes a new legal framework for penalizing labor infractions.
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The new decree defines and classifies offenses resulting from violations of the General Labor Law (Law No. 12/23 of December 27) and Presidential Decree No. 152/24 of July 17, which establishes the national minimum wage. The main innovations include:
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Classification of Infractions
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Considering the significance of the interests violated, offenses are divided into three categories: minor, serious, and very serious.
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1. Fines may be doubled in cases of violations related to child labor regulations, occupational health and safety, timely payment of wages, and the right to strike. Repeat offenders may face harsher penalties.
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2. Failure to comply with measures recommended by the General Labor Inspectorate (IGT) will be assessed by the competent administrative authority or the court in case of an appeal, to determine whether there was intentional misconduct.
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3. For repeat offenses, the minimum and maximum fine limits are increased by one-third (1/3) of the respective amount. Additionally, Presidential Decree 50/25 states that fines cannot be lower than the amount applied to the previous infraction.
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4. Agents who commit very serious offenses or are repeat offenders may face sanctions such as a ban on operating at the workplace, restrictions on participating in public tenders, or bidding for public contracts for two (2) years.
5. The accessory penalty of public disclosure may be waived in specific circumstances, such as in cases of sexual harassment or when the offender immediately pays the imposed fine and has not committed any serious or very serious offenses in the last five (5) years.
6. Voluntary payment of fines is now possible at any stage of the process, provided the infraction was committed through negligence, but always before the General Labor Inspectorate issues a final decision. If the fine is paid within 15 days of notification of the offense report, it is reduced to the minimum applicable amount for the committed infraction.
7. The offender may request installment payments of the fine from the IGT after the sanctioning decision. However, failure to pay one installment results in all remaining installments becoming due immediately
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8. The statute of limitations for infractions is defined as follows: very serious infractions expire in five years, serious infractions expire in three years, minor infractions expire in one year.
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9. The statute of limitations for infractions may be suspended or interrupted, depending on the conditions set forth in the General Regime of Administrative Offenses – Law No. 19/22 of July 7.
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10. Fines have a five-year statute of limitations, counted from the moment the sanctioning decision becomes final or legally binding.
11. The statute of limitations on fines may be suspended if execution cannot begin or continue due to legal constraints, if enforcement is interrupted, or if there is an approved installment payment plan.
12. The statute of limitations on fines may also be interrupted under the terms of the General Regime of Administrative Offenses – Law No. 19/22 of July 7.
13. Accessory sanctions, such as activity bans or restrictions on participating in tenders, follow the same prescription rules as fines.
14. Multiple infractions will result in a fine equal to the sum of all applicable fines.
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The content of this newsletter is general and abstract and does not replace legal advice tailored to specific cases. FBL Advogados is pleased to assist any interested parties regarding the terms and forms of the Presidential Decree discussed in this newsletter. Our team is prepared to provide specialized technical support, offering relevant solutions and recommendations.
For more information, please contact:
Arlindo Oliveira and Neuza Melão Dias | arlindo.oliveira@fbladvogados.com | neuza.melaodias@fbladvogados.com
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