Labor system

1. Legal regime

The legal regime in force in São Tomé and Príncipe is Law no. , remuneration, safety, hygiene and health at work, as well as the work of minors, women and disabled people, among others.

2. Types and forms of hiring

• Form - Except in cases where the law provides otherwise, the employment contract may be concluded orally and proven by any means permitted by law.
• Mandatory mentions of the employment contract
  • Identification of the employer and worker, indicating their professional category
  • Place of work
  • Amount of basic remuneration and any other regular and periodic payments that add to that
  • Daily and weekly working hours
  • Duration of annual leave
  • Benefits in kind that have been agreed and the value attached to them, as well as the rules adjusted in the allocation of accommodation to the worker and the obligations assumed by them to return them in the event of termination of the employment contract
  • Any other specific conditions agreed between the parties
  • Place and date of conclusion of the contract
  • Signature of the employer, or his duly accredited representative, and the worker

• Duration - The employment contract may have a suspensive condition and either a suspensive or resolutive term. The latter must be concluded in writing.

• Renewal by agreement of the parties - The fixed-term employment contract is automatically renewed if there is no express declaration from the parties to the contrary.

• Trial period - Unless otherwise agreed in writing, there will always be a trial period in employment contracts. The trial period is 30 days, which may be increased by written agreement of the parties to up to 180 days, when dealing with positions or jobs of high technical complexity or a high degree of responsibility.

• Hiring of minors - Only minors who have reached the minimum age for admission, have completed compulsory education and have access to of physical and mental capabilities appropriate to the job. The minimum age for admission to work is 15 years old.

3. Working hours

• Working period limits - The normal working period is eight hours per day and forty hours per week.

4. Absences and leaves

• Absence is the worker's absence from the workplace during the period in which he or she should perform the activity to which he or she is obliged. Unjustified absences always result in the loss of remuneration corresponding to the period of absence, which will also be deducted from the worker's seniority.
• Licenses - São Tomé and Príncipe labor legislation provides for the following license:
  • Leave without remuneration - It is a leave granted to the worker, at his/her request, contained in a written document signed by the employer, with each party having a copy. The employer cannot refuse the grant in in the case of an imperative need to travel abroad for personal medical treatment, that of a spouse or children, provided that the worker proves this need by presenting a medical declaration, signed by a panel of three doctors. Leave without pay implies the total loss of remuneration and a discount on seniority for career and retirement purposes.
  • Pregnancy and maternity leave - The worker has the right to maternity leave of 14 weeks, eight of which must necessarily follow the birth, and the rest may be taken, in whole or in part, before or after the birth.
• Protection of motherhood and fatherhood - Mothers and fathers have the right to protection from society and the State when carrying out their irreplaceable action in relation to their children, particularly regarding their education. The rights provided for in this legislation, granted to the protection of maternity, are guaranteed to paternity or whoever replaces it if the mother is unable to enjoy them. Pregnant, postpartum or breastfeeding workers are restricted from activities that involve exposure to agents that could cause fetal harm or placental detachment, namely:
  • Shocks, mechanical movements or movements
  • Manual movement of loads that involve risks, particularly back-lumbar risks, or whose weight exceeds 10 Kl
  • Noise
  • Non-ionizing radiation
  • Extreme cold or hot temperatures
  • Movements and postures, movement both inside and outside the establishment, mental and physical fatigue and other physical overloads linked to the activity carried out

5. Termination of employment contract

• Causes for termination of the employment contract
  • Agreements of the parties
  • Expiry
  • Dismissal for just cause
  • Dismissal for economic reasons
  • Employee termination

• Situations in which the employer can invoke just cause for dismissal:
  • Breach of working hours or unauthorized absence from the workplace and within the respective working hours, occurring more than six times a month, or more than thirty-six times each year;
  • Illegal disobedience of orders or instructions from an employer or superior;
  • Violation of rights and guarantees of company workers
  • Repeated provocation of conflicts with other company workers;
  • Damage to work instruments or company assets, particularly if it causes interruption in the execution of work or losses to the company;
  • False statements regarding the justification of absences or leaves;
  • The practice within the company of physical violence, injuries or other offenses punishable by law against the company's workers, the employer, their delegates or representatives, as well as kidnapping or other crimes against the freedom of the same people;< /li>
  • Non-compliance with or opposition to judicial decisions or definitive and enforceable administrative acts.
  • Repeated non-compliance with hygiene and safety standards at work;
  • The practice of theft, robbery, fraud or other fraud that seriously harms the company's financial interests or seriously harms the company's prestige;
  • The repeatedly negligent or faulty performance of assigned duties, as long as the worker has been warned to correct it.

• If the dismissal is for economic reasons, compensation will be payable in accordance with the respective seniority, corresponding to one month's remuneration for each year or fraction thereof, which cannot be less than three months. For workers over 50 years of age, the compensation provided for in the previous paragraph will be doubled.

6. Safety, hygiene and health protection

The current labor law establishes measures to guarantee the safety, hygiene and health of workers and a good working environment, applicable to all areas of activity.

7. Hiring foreigners

A prior opinion from the Ministry of Labor is required to grant a work visa to foreign citizens issued by the Directorate of Labor, Employment and Professional Training.

The opinion focuses on the legality of the contractual conditions and the existence or not of national citizens or legal residents capable of carrying out the activity for which the work visa is requested.